Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Equal Remuneration Convention, 1951 (No. 100) - Lithuania (Ratification: 1994)

Article 2 of the Convention. Minimum wages. The Committee takes note of the adoption of Law No. XII-2462 of 21 June 2016 establishing and implementing the new Labour Code, which entered into force on 1 July 2017. It notes that, according to section 141 of the new Labour Code, monthly and hourly minimum wages are determined by the Government on recommendation of the Tripartite Council and can only be paid for unskilled jobs which do not require any specific qualifications or professional skills. Collective agreements may set higher amounts for minimum wages. The Committee notes, according to the European Foundation for the Improvement of Living and Working Conditions (Eurofound), that as of 1 January 2018, the minimum wage was increased by 5.3 per cent compared to 2017. The Committee requests the Government to provide statistical information on the percentage of women and men who are paid the national minimum wage. It further requests the Government to indicate how it is ensured that, in defining minimum wages through collective agreements, rates are fixed on objective criteria, free from gender bias, and that female-dominated occupations are not undervalued in comparison with those predominantly dominated by men. The Committee requests the Government to provide a copy of collective agreements fixing minimum wages.

Article 3. Objective job evaluation. Public sector. In its previous comments, the Committee noted the Government’s indication that the remuneration of workers in the public sector is determined on the basis of the complexity of work, responsibility, working conditions and workers’ qualifications and performance, and that a draft Law on the remuneration of workers of state and municipal institutions was under consideration in order to establish basic wage coefficients and classify jobs in four levels, based on the level of education required. The Committee notes that the Government states, in its report, that the submission of the draft Law to Parliament was hindered by the financial crisis and postponed at that time to the end of 2013. The Government adds that, pursuant to the draft Law, remuneration rates will be established in accordance with the nature of the work, the size of the institutions of specific economic branches and other criteria, and that the Government will be responsible for approving the sample list of harmonized occupations at state and municipal institutions, as well as the job description methodology. Noting that the draft Law on the remuneration of workers in the public sector has not been adopted yet, the Committee requests the Government to provide information on the status of the adoption of the draft Law and to provide a copy of the new legislation, once adopted. In the meantime, the Committee again requests the Government to provide information on the methodology currently used in the public sector to classify and rank different jobs and positions on the basis of the mentioned criteria, such as complexity of work, responsibility, working conditions and workers’ qualifications and performance, indicating how it is ensured that this classification does not result in an undervaluation of jobs traditionally held by women. It requests the Government to provide statistical information on the distribution and remuneration of men and women in the public sector.

Awareness raising. The Committee notes that, in its report under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), the Government indicates that, in the framework of the implementation of the National Programme on Equal Opportunities for Women and Men for 2015–21, 70 consultative events were organized in 2015 within companies in order to discuss the application of the principle of equal pay for equal work or work of equal value. It further notes that, in 2015 and 2016, an Equal Pay Day was organized to increase public awareness about the existing gender pay gap and that a calculator that would indicate the number of days that women would have to work additionally in order to receive the same earnings as men was also envisaged. Recalling that the continued persistence of significant gender pay gaps requires that governments, along with employers’ and workers’ organizations, take more proactive measures to raise awareness, make assessments, and promote and enforce the application of the principle of equal remuneration for men and women for work of equal value, the Committee requests the Government to continue to provide information on the concrete measures taken, including by the Equal Opportunities Ombudsperson, to promote public awareness on the persistent underlying causes of pay inequality and on the relevant legislative provisions adopted to promote the effective application of the principle of the Convention.

Enforcement. The Committee previously noted that the number of complaints received by the labour inspectorate regarding equal remuneration for men and women decreased from eight in 2008 to one in 2009, and recalled that the absence, or the low number, of complaints does not necessarily indicate an absence of violations in practice, and rather it may indicate a lack of understanding of the principle by labour inspectors, workers and employers, or a lack of confidence in or absence of complaints mechanisms. The Committee notes the Government’s indication that a checklist for ensuring equal rights for women and men at work was used by labour inspectors who conducted 70 inspections on labour conditions between June and November 2015, but that no infringement was identified concerning conditions of remuneration between men and women. The Government adds that in the period 2014–15 no complaint concerning equal remuneration for men and women was received and no court decision was handled. The Committee requests the Government to continue to provide information on the measures taken to strengthen the capacity of labour inspectors to identify and address unequal remuneration, as well as to assist workers in procedures and remedies awarded in this regard. It also requests the Government to continue to provide information on any violations detected by or brought to the attention of labour inspectors, as well as on any complaints brought to the Equal Opportunities Ombudsperson or the courts, regarding wage discrimination, and on the outcomes thereof.