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

Equal Remuneration Convention, 1951 (No. 100) - Ireland (Ratification: 1974)

Measures to address the gender pay gap. In its previous comments, the Committee noted that the gender pay gap had slightly increased, from 12.6 per cent in 2009 to 13.9 per cent in 2010, and that although gender segregation in occupations and in economic sectors had decreased, it remained above the European Union average. It therefore requested that the Government address more effectively the structural causes of the gender pay gap. The Committee notes that the Government’s report does not provide any information in response to its request. However, it notes, from the Government’s report on the application of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), that the new National Women’s Strategy 2017–20 and its Actions 1.21, 1.22 and 1.23 aim to tackle the gender pay gap through, respectively: (i) a package of measures, (ii) dialogue with social partners, and (iii) by promoting wage transparency with companies of 50 or more employees. It further notes that a public consultation took place in August 2017, inviting interested parties to inform the development of the package of measures to tackle the gender pay gap, and to identify issues to be advanced through further discussion with union and employer stakeholders. The Committee also notes with interest the approval by the Government of the General Scheme of the Gender Pay Gap Information Bill. The Bill will, in fulfilment of Action 1.23 of the National Women’s Strategy, impose on employers with a certain number of employees from the private and public sectors (set at 50 or more after an initial period of operation for bigger firms) the obligation to publish detailed information on the gender pay gap in their firm. The Committee requests the Government to provide information on the adoption of the Gender Pay Gap Information Bill and its implementation. It requests the Government to provide information on the conclusions of the August 2017 public consultation, and to indicate the measures taken to implement these conclusions in order to effectively tackle the gender pay gap. Recalling that for a number of years it has been referring to individualized pay arrangements, and the fact that, overall, men benefited more than women from individualized pay setting, the Committee requests the Government to indicate any measures taken or envisaged to identify and fight unconscious gender bias in the workplace (mainly based on the social roles assumed by men and women, masculine corporate culture, etc.) and to envisage the possibility of introducing pay transparency to ensure that gender bias is eliminated when pay for performance bonuses are implemented.

Article 2 of the Convention. Minimum wages. Recalling that the National Employment Rights Agency undertakes regular inspection to monitor enforcement of the Minimum Wage Act 2000 (Act of 2000), the Committee requested the Government to continue to provide information on the steps taken to improve enforcement of minimum wages and their impact on the gender pay gap. The Committee notes from the Government’s report the adoption of the National Minimum Wage Act 2015, which amends the Act of 2000 to establish the Low Pay Commission (LPC). The LPC makes annual recommendations on the national minimum wage, and on raising the national minimum hourly rate of pay. According to the Government’s statement, a large majority of those who are paid the national minimum wage are women and, given the preponderance of women in low-paid jobs, the LPC was asked to study the issue and examine the underlying reasons for it. The Committee notes from the LPC’s Report on the Preponderance of Women on the National Minimum Wage (October 2016), that there is close to twice as many women as men on the national minimum wage, and that between one third and one half of this imbalance is based on the caring responsibilities, the hours which they work and the sectors in which they are employed (the other portion of the imbalance remains unexplained). In this regard, the Committee notes that one of the National Women’s Strategy’s objectives is the advancement of socio-economic equality, and that measures will be taken to widen the opportunities available to girls and to reduce the occupational segregation of women. Considering the abovementioned information and with a view to reducing inequalities in remuneration, the Committee requests the Government to provide information on the measures taken or envisaged to: (i) improve the access of women to a wider range of job opportunities at all levels, including sectors in which they are currently absent or under-represented, and (ii) to address the stereotypical assumption that family responsibilities should rest mainly on women. Noting the absence of information provided in this regard, the Committee again requests the Government to provide information on the steps taken to improve enforcement of minimum wages, and the impact of such measures on the gender pay gap.

Article 3. Equality reviews and objective job evaluation. The Committee previously requested the Government to provide information on the implementation of the gender pay gap review template, “Gender pay reviews: A template for examination of gender pay in organisations”, developed with a view to assisting organizations in carrying out an objective equal pay review and to protect against future equal pay inequity. The Committee takes note of the Government’s indication that the Programme for a Partnership Government (May 2016) includes a range of measures intended to benefit women directly or indirectly. However, it notes that the Government has not provided any information regarding the gender pay gap review template. The Committee therefore once again requests the Government to provide information on the implementation of the gender pay review template, including on the findings of the reviews and its practical impact on addressing the gender pay gap, and any directly or indirectly discriminatory practices in respect of payment of basic wages, additional allowances, bonuses or any other emoluments paid by the employer to the worker. Please also provide information on any other measures taken, in cooperation with the social partners, to promote the use of objective job evaluation methods, free from gender bias.

Statistics. The Committee notes the information provided by the Government according to which the gender pay gap decreased from 13.9 per cent in 2010 to 12.2 per cent in 2012, but increased to 13.9 per cent in 2014. While it does not provide statistical data on earnings according to sector, occupation and education level, the Government indicates that the gender pay gap in 2014 was of 9.6 per cent in the public sector and 19.7 per cent in the private sector. The Committee requests the Government to continue to provide up-to-date statistical information on the evolution of the gender pay gap, in particular, information on the earnings of men and women according to sector, occupation and educational level, in both the private and the public sectors.

Enforcement and judicial decisions. The Committee notes the Government’s information concerning the adoption of the Workplace Relations Act 2015, establishing the Workplace Relations Commission (WRC), and of the Irish Human Rights and Equality Commission Act 2014, establishing the Irish Human Rights Commission (IHREC). It further takes due note of the Government’s indication that complaints for discriminatory pay practices on the grounds of gender can be made to the WRC and that the Labour Court is competent to hear appeals from the WRC’s decisions. The Committee requests the Government to provide details on the number and outcome of equal pay complaints relating to the application of the principle of the Convention. With regard to the role and responsibilities of the WRC and the IHREC, the Committee refers to its detailed comments under Convention No. 111.