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

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

Articles 1 and 2 of the Convention. Equal remuneration for work of equal value. Legislation. 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 section 26(2)(4) of the new Labour Code provides that an employer shall ensure equal pay for work of equal value, and that section 140(5) provides that men and women shall receive equal pay for the same or equivalent work. “Same work” shall mean performing a work activity which, based on objective criteria, is the same as or similar to another work activity to such extent that both employees can be interchanged without a significant cost for the employer. “Equivalent work” shall mean that, based on objective criteria, the work does not require lower qualifications and is not less significant for the employer’s objectives than other comparable work. The Committee further notes the Government’s indication, in its report, that a draft Law is currently under consideration to establish uniform remuneration of workers in the public sector who perform work of the same complexity and requiring the same qualifications. The Committee draws the Government’s attention to the fact that even where the term “work of equal value” is provided for in the legislation, its scope may be narrower than the principle enshrined in the Convention as a result of too restrictive formulations requiring work of an equal level of complexity, responsibility and difficulty, or requiring the same qualifications (see 2012 General Survey on the fundamental Conventions, paragraph 677). The Committee requests the Government to provide information on the practical application of sections 26(3) and 140(5) of the new Labour Code, including by providing examples of the manner in which the terms “work of equal value” and “equivalent work” have been interpreted in practice. It also trusts that the Government will take the necessary measures to ensure that the draft Law aiming at the harmonization of the remuneration of workers in the public sector will give its full expression to the principle of equal remuneration for men and women for work of equal value enshrined in the Convention. The Committee requests the Government to provide information on the status of the adoption of the draft Law, as well as a copy of the new legislation, once adopted.

Gender pay gap. In its previous comments, the Committee noted that the differential in men’s and women’s average gross hourly earnings had continued to decrease from 21.6 per cent in 2008 to 11.9 per cent in 2011. The Committee notes with concern, from Eurostat and Statistics Lithuania, that, since 2011, the gender pay gap (average gross hourly earnings) increased again to 15.6 per cent in 2015. In 2015, earnings of men exceeded those of women in all economic activities, except transportation and storage where women’s earnings were 9.5 per cent higher than those of men. The pay gap between men and women was still particularly wide in financial and insurance activities (38.5 per cent), information and communication (29.5 per cent), human health and social work activities (26.3 per cent), and manufacturing (25.6 per cent). The Committee notes the Government’s indication that the National Programme on Equal Opportunities for Women and Men for 2012–14 identified persistent discriminatory attitudes between men’s and women’s roles at work, and that therefore reduction of the gender segregation of the labour market and of the gender pay gap are still part of the priority goals of the new National Programme on Equal Opportunities for Women and Men for 2015–21, and its accompanying Action Plan for 2015–17. The Government states that, to this end, specific training on the improvement of gender equality in remuneration was conducted for employers from both the public and private sectors and educational events on equal pay for work of equal value were also planned in 2016–17 for social partners and companies. The Committee notes that the United Nations Human Rights Committee recently expressed concern about the persistent gender pay gap and recommended that the Government should strengthen its efforts to eliminate this gap by addressing differences in pay between men and women for work of equal value (CCPR/C/LTU/CO/4, 26 July 2018, paragraphs 15 and 16). The Committee trusts that the Government will make every possible effort to put an end to the increase and address the gender pay gap and its underlying causes, without delay, and requests the Government to provide information on the measures taken to this end, including in the context of the National Programme on Equal Opportunities for Women and Men (2015–21), as well as on the results achieved. Noting that section 23(2) of the new Labour Code provides that an employer who has more than 20 employees on average must submit to the work council and the trade union, at least once a year, updated information, disaggregated by sex and occupation, on the average pay of employees (except for managerial positions), the Committee requests the Government to continue to provide statistical information on the distribution of men and women in the different sectors of the economy and occupational levels and their respective levels of earnings.

Articles 3 and 4. Objective job evaluation. Cooperation with workers’ and employers’ organizations. The Committee previously noted that workshops were organized between 2006 and 2009 to introduce the methodology for the assessment of jobs and positions, which was approved by the Tripartite Council in 2005, to representatives of trade unions and financial and human resources managers of private enterprises, and that there were plans for carrying out a survey on the implementation of this methodology. The Committee notes the Government’s indication that a survey on the compliance with the methodology was conducted in July 2015 and, as a result, the Tripartite Council suggested an updating of the 2005 methodology at a further meeting. The Committee notes that section 26(2)(3) of the new Labour Code provides that an employer shall use uniform job evaluation criteria, and that section 140(3) provides that the remuneration systems are determined by collective agreement or, in the absence of such agreement (in workplaces with an average number of at least 20 employees) that it must be approved by the employer after information and consultation procedures, and be accessible to all employees. The Committee notes that such remuneration systems must list categories of employees by positions and qualifications, form of payment, highest and lowest pay rates for each category of workers, grounds and procedures for granting additional payments, and the pay indexation procedure. It further notes that, according to section 140(5) of the new Labour Code, the remuneration system must be designed in such a way as to avoid any gender discrimination or discrimination based on other grounds. The Committee notes from Eurostat that, in 2013, collective wage bargaining coverage of employees at all levels was only 19 per cent. The Committee requests the Government to provide information on the status of the revision process of the 2005 methodology for the assessment of jobs and positions undertaken by the Tripartite Council, and to provide a copy of the new methodology, once adopted. It also requests the Government to provide information on the practical application of sections 26(2)(3) and 140(3) and (5) of the new Labour Code, including by indicating how it is ensured that remuneration systems are based on objective job evaluation methods that are free from gender bias. Taking note of the adoption of the National Action Plan for the Strengthening of Social Dialogue for 2016–20, the Committee requests the Government to provide information on the steps taken, in cooperation with the social partners, to promote the principle of the Convention in branch, territorial and enterprise negotiations, and to ensure that work in sectors and occupations in which women are predominantly employed, is not being undervalued. Please provide information on any collective agreements containing provisions reflecting the principle of the Convention, as well as on any impact of the National Action Plan for the Strengthening of Social Dialogue in this regard.

The Committee is raising other matters in a request addressed directly to the Government.