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

Equal Remuneration Convention, 1951 (No. 100) - Georgia (Ratification: 1993)

Follow-up to the conclusions of the Committee on the Application of Standards (International Labour Conference, 107th Session, May–June 2018)

The Committee notes the discussion at the Conference Committee on the Application of Standards at its 107th Session (June 2018) of the International Labour Conference and the conclusions adopted which called upon the Government to:

• (i) ensure that national legislation, in particular the Labour Code (2006), the Law on Gender Equality (2010), the Law on Elimination of All Forms of Discrimination (2014) and/or the Law on the Public Service (2015), expressly commits to the principle of equal remuneration for men and women for work of equal value in consultation with the social partners;
• (ii) implement effective enforcement and detection mechanisms to ensure that the principle of equal remuneration for men and women for work of equal value is applied in practice;
• (iii) take steps to raise awareness among workers, employers and their organizations of the laws and procedures available in order to allow them to avail themselves of their rights;
• (iv) continue to provide information on decisions handed down by the judiciary, and cases handled by the Office of the Public Defender;
• (v) continue to provide gender-disaggregated data on labour market participation and remuneration;
• (vi) provide the Committee of Experts with information related to the 2018–20 Georgian National Action Plan on Gender Equality adopted in May 2018 and its potential impact on the principle of equal remuneration for work of equal value in law and practice; and
• (vii) avail itself of ILO technical assistance in implementing these recommendations.

Articles 1 and 2 of the Convention. Legislation. For a number of years, the Committee has been raising concerns regarding the absence of legislation giving full expression to the principle of equal remuneration for men and women for work of equal value. In particular, the Committee recalls that section 2(3) of the Labour Code (2006), only contains a general prohibition of discrimination in labour relations; and that the Law on Gender Equality (2010) prohibits discrimination (section 6) and provides that “equality in evaluating the quality of work performed by women and men shall be maintained without discrimination” (section 4(2)(i)). Further, the Committee noted that the Law on the Elimination of All Forms of Discrimination, adopted on 2 May 2014, while including a general prohibition of discrimination based on sex, does not refer to the principle of equal remuneration for work of equal value; and that section 57(1) of the Law on the Public Service provides that the system of remuneration for public officials is based on the “principles of transparency and fairness, which means the implementation of equal pay for equal work”, which is narrower than the principle of the Convention.

The Committee welcomes the Government’s indication, in its report, that the Ministry of Labour, Health and Social Affairs is working, in cooperation with the social partners, on amending the relevant labour legislation to implement the EU Directive 2006/54/EC of 5 July 2006, which provides that, for the same work or for work of equal value, direct and indirect discrimination on grounds of sex with regard to all aspects and conditions of remuneration must be eliminated. The Committee also notes the Government’s indication that the second objective of the Gender Equality Council Action Plan 2018–20 is to eliminate legislative gaps and improve the legislative framework on gender equality. Recalling that the Convention has been ratified since 1993, the Committee trusts that the Government will endeavour to ensure, in cooperation with the social partners and the Council for Gender Equality, that the labour legislation is amended to give full legislative expression to the principle of equal remuneration for men and women for work of equal value, with a view to ensuring the full and effective implementation of the Convention without delay. It also urges the Government to take the necessary steps to amend section 57(1) of the Law on the Public Service (2015) to capture the concept of “work of equal value” so as to ensure that public officials covered by the Law are entitled not only to equal remuneration for equal work, but also for work that is entirely different but nonetheless of equal value. The Government is requested to provide information on the progress achieved in this regard and a copy of the new relevant provisions once adopted.

Article 2. Measures to address the gender pay gap and promote equal remuneration. Previously the Committee had noted, based on statistics provided by the Government, that a substantial gender gap in average monthly nominal wages existed in every sector of the labour market (36.9 per cent in 2014), including in female-dominated sectors such as education and health care, and that inequality existed with respect to the average salary distribution among men and women even with similar levels of education. With regard to measures taken to address the gender pay gap, the Committee noted the creation of an Inter-Ministerial Commission on Gender Equality and Women’s Empowerment in September 2015. While taking note of all this information, the Committee urged the Government to take measures to identify and address the underlying causes of inequalities in remuneration and to provide information on any awareness-raising activities to promote equal remuneration for work of equal value.

The Committee notes the updated data provided by the Government on the average monthly earnings of men and women workers disaggregated by sex and by economic activity from 2010 to the first quarter of 2018. From this information, the Committee notes that the gender pay gap remains high in nearly all sectors of activity. In particular it notes that in 2017, in the financial intermediation and the health and social work sectors, men earned on average significantly more than women (in financial intermediation, men earned 2,943 Georgian lari (GEL) while women earned GEL1,381; in health and social work, men earned on average GEL1,247 while women earned GEL866). The Committee notes the fifth objective of the Gender Equality Council Action Plan 2018–20 the aim of which is to raise awareness on gender equality through, among others, the organization of thematic public meetings in the different regions of the country, support awareness-raising activities on women’s political participation, and strengthen cooperation and coordination with international networks and organizations working on gender equality and women’s rights. In this regard, the Committee notes that the Government further indicates that in 2017, a working group on labour rights and gender equality was established at the Council for Gender Equality, and presented a list of recommendations to improve women’s rights in the workplace, which included recommendations concerning equal pay. In addition, the Committee notes the Government’s indication that the Council for Gender Equality is due to approve a State Concept on Gender Equality, a major guiding policy document on gender equality which will employ terms such as “equal pay for work of equal value”. Finally, the Committee notes the Government’s statement that the gender pay gap is not primarily conditioned by the law or regulations but by the traditional norms and attitudes towards women, obliging them to combine their household chores and career development. The Committee requests the Government to provide information on the specific measures taken or envisaged in the framework of the State Concept on Gender Equality and the Gender Equality Council Action Plan 2018–20 directly aimed at reducing the gender pay gap. Such measures, may include, for example, undertaking sensitization programmes and awareness-raising activities to overcome traditional stereotypes regarding the role of women in society or adopting measures on shared parental leave, and affordable and available childcare services. The Committee also encourages the Government to continue its efforts in identifying and addressing the underlying causes of inequalities in remuneration, such as gender discrimination, gender stereotypes, and occupational segregation and to promote women’s access to a wider range of job opportunities at all levels, including top management positions and higher paying jobs. The Committee further requests the Government to provide detailed information on the awareness-raising activities undertaken specifically in the framework of the Gender Equality Council Action Plan 2018–20 to promote equal remuneration for work of equal value, including with respect to bonuses, premiums and other additional wage allowances. Finally, the Government is requested to continue to provide statistical data on men’s and women’s monthly and hourly wages and additional allowances, according to economic sector, as well as data on the number of men and women employed in these sectors.

Enforcement. The Committee previously noted with concern the Government’s indication that further to the abolition of the Labour Inspection Service in 2006, there was no longer a labour supervisory body. In its reply, the Government indicated that a National Programme for Monitoring Labour Conditions was approved by Ordinance No. 38 of 5 February 2015, and that by Ordinance No. 81 of 2 March 2015, a Department of Inspection of Labour Conditions was set up within the Ministry of Labour, Health and Social Affairs. The Committee further noted that the Office of the Public Defender had indicated that the Labour Code should be amended to address the non-binding nature of recommendations made by the inspection services. Therefore, the Committee once again stressed the need to put in place adequate and effective enforcement mechanisms to ensure that the principle of equal remuneration for men and women for work of equal value is applied in practice, and to allow workers to avail themselves of their rights.

The Committee notes that the Conference Committee expressed its concern over the abolition of the Labour Inspection Service and the absence of an equivalent replacement to ensure the enforcement of the rights and principles protected by the Convention. It notes the Government’s indication in its report that it is committed to re-establishing a fully-fledged labour inspectorate by 2019. The Government further states that the new labour inspectorate will have the authority to conduct unannounced inspections in all enterprises, enforce all labour laws and levy sanctions on violators that are sufficiently dissuasive to deter future violations. The Committee also notes the Government’s information according to which the courts have reported no cases regarding equal pay between men and women. In this regard, the Committee recalls that when no cases or complaints are being lodged it is likely to indicate a lack of an appropriate legal framework, lack of awareness of rights, lack of confidence in, or absence of practical access to procedures, or fear of reprisals (see 2012 General Survey on the fundamental Conventions, paragraph 870). The Committee therefore requests once again the Government to enhance the capacity of the competent authorities, including judges, labour inspectors and other public officials, to identify and address cases of pay inequalities between men and women for work of equal value, and also to examine whether the applicable substantive and procedural provisions, in practice, allow claims to be brought successfully. Further, while taking due note of the Government’s indication that it intends to reinforce the powers of the labour inspectorate, the Committee requests the Government to provide information on how it ensures the effective enforcement of the principle of the Convention in practice, for example by including information on any activities of the Department of Inspection of Labour Conditions, including training of labour inspectors related to the principle enshrined in the Convention and on any violations detected. The Government is also requested to continue to provide any information on decisions handed down by the courts or other competent bodies with regard to this issue, as well as any cases regarding unequal remuneration handled by the Office of the Public Defender, which is mandated to examine complaints of sex discrimination and make recommendations.

The Committee reminds the Government that it can avail itself of ILO technical assistance to these recommendations.

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