Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Equal Remuneration Convention, 1951 (No. 100) - Republic of Moldova (Ratification: 2000)

Articles 1 and 2 of the Convention. Gender wage gap and occupational segregation. The Committee notes the detailed statistical information provided by the Government, in its report, in reply to the Committee’s request. The data shows that, while the average wage of women increased by 122.9 per cent from 2015 to 2017, women still earned 13.5 per cent less than men in 2017 (against 13.2 per cent less in 2015). According to the Government’s 2017 data, the gender pay gap is present in most sectors, including in the accommodation and catering sector (10.1 per cent) and in the health and social assistance sector (15.8 per cent). The Committee notes however that the gender pay gap has been reduced in wholesale and retail, maintenance and repair of motor vehicles and motorcycles, accommodation and catering, real estate transactions and education sectors. The Government explains that the gender pay gap is due to the fact that female-dominated jobs have a lower salary level, and that highly feminized sectors, such as hotels and restaurants (where 64.1 per cent of workers are women), education (where 75.5 per cent of workers are women) and health and social assistance (where 80.8 per cent of workers are women) are characterized by relatively low wages. The Committee recalls that historical attitudes towards the role of women in society, along with stereotypical assumptions regarding women’s aspirations, preferences and capabilities and “suitability” for certain jobs, have contributed to occupational sex segregation within the labour market, with women concentrated in certain jobs and certain sectors of activity. These views and attitudes also tend to result in the undervaluation of “female jobs” in comparison with those of men who are performing different work and using different skills, when determining wage rates (see 2012 General Survey on the fundamental Conventions, paragraph 697). The Committee asks the government to continue taking measures to reduce the gender pay gap, in particular regarding the gender pay gap due to occupational segregation. The Committee also asks the Government to continue providing information on workers’ levels of remuneration across sectors and occupations.

Article 1(a). Definition of remuneration. Legislation. In its previous comments, the Committee noted the use of the terms “payment”, “wages” and “remuneration” in the Labour Code of 28 March 2003 and Law No.121 of 25 May 2012 on Ensuring Equality, and asked the Government to consider harmonizing the different terms at the earliest opportunity. The Committee notes that the Government: 1) refers again to the Labour Code and Law No.121 of 2012, and to the adoption of Law No. 270 of 23 November 2018 on the Unitary Pay System in the Budgetary Sector (or public sector), which provides in section 3(1)(b) for the principle of equal remuneration for work of equal value; and 2) indicates that the terms used in the different laws mentioned above cover all the elements of remuneration as requested by Article 1(a) of the Convention. The Committee takes due note of the Government’s indications but observes that, while Law No.270 of 2018 uses the term “equal remuneration” it also refers in the process to the concepts of “basic salary” and “monthly salary”. In that regard, the Committee wishes to recall that, the Convention sets out a very broad definition of “remuneration” in Article 1(a), which includes not only “the ordinary, basic or minimum wage or salary” but also “any additional emoluments whatsoever payable directly or indirectly, whether in cash or in kind, by the employer to the worker and arising out of the worker’s employment.” Consequently, the term “remuneration” needs to be defined with rigour if the Convention is to be applied fully (see 2012 General Survey, paragraphs 686 and 689). The Committee therefore reiterates its request that the Government: (i) consider harmonizing the different terms used in the legislation, at the earliest opportunity, with a view to ensuring that the principle of equal pay for men and women for work of equal value covers all elements of remuneration as defined in Article 1(a) of the Convention; and (ii) clarifies how section 3(1)(b) of Law No.270 of 2018 is applied in practice.

Article 2(a). Work of equal value. The Committee notes that, while sections 10(3)(c) and 11(1)(e) of Law 5-XVI of 2006 on Equal Opportunities between Men and Women, section 10(2)(g) of the Labour Code, and section 3(1)(b) of Law No.270 of 2018 refer to “work of equal value”, section 7(2)(d) of Law No.121 of 2012 still refers to equal pay for “the same type and/or amount of work”. The Committee therefore requests once again the Government to revise section 7(2)(d) of Law No. 121 of 2012 with a view to harmonising it with other pieces of legislation which refer to “work of equal value” and thus avoid any legal uncertainty.

Article 2. Determination of wages and collective agreements. In its previous comments, the Committee requested information on the application of the principle of the Convention in collective agreements setting payment conditions. The Government indicates that the minimum salary is set by the Government. According to sections 12(4) and 12(5) of the Law No.847 of 14 February 2002 on Wages, as amended by Law No. 253 of 17 November of 2016 modifying and complementing the Law on Wages, the minimum salary serves as a basis for differentiating salary duties in relation to the qualification, the level of professional training and competence of the employee, the degree of responsibility involved in the functions and the work carried out, and their complexity. The forms and conditions of salary are established through collective negotiations. While taking note of the above, the Committee recalls, again, that special attention is needed in the design or adjustment of sectorial minimum wage schemes to ensure that the methods used to fix the rates are free from gender bias, and in particular that certain skills considered to be “female” are not undervalued (see 2012 General Survey, paragraph 683). The Committee also notes that the Action Plan on the implementation of the Strategy for ensuring equality between women and men in the Republic of Moldova 2017-2021 (hereinafter, Action Plan for Gender Equality) includes, within the Specific Objective 1.2, an indicator regarding the strengthening of the capacity of social partners to include the principle of equality between women and men in the collective bargaining process. The Committee therefore reiterates its request that the Government provides information on how collective agreements setting the conditions of payment in different branches of the economy apply the principle of the Convention. It also asks the Government to provide information on measures taken to strengthen the capacity of social partners, as envisaged in the Action Plan for Gender Equality 2017-2021.

Public sector. The Committee notes the information provided by the Government on the implementation of a new unitary wage system in the public sector through Law No. 270 of 2018, which establishes a system of remuneration that is transparent, fair, attractive, non-discriminatory, managed and able to reflect and reward performance, and provides in section 3(1)(b) for the principle of equal remuneration for work of equal value. The Committee asks for information on how section 3(1)(b) of Law No.270 of 2018 and the principle of the Convention of equal remuneration for men and women for work of equal value are taken into account in the unitary wage system in the budgetary sector.

Article 3. Objective job evaluation. The Committee notes that, in reply to the Committee’s previous request, the Government refers again to sections 8 and 130(2) of the Labour Code and explains that, depending on the specifics of the activity and the concrete economic conditions, the employer, after consultation with employees’ representatives, may choose to apply a tariff or a non-tariff payroll system. The Committee notes that, according to sections 136 and 137 of the Labour Code, the tariff system of remuneration includes tariff networks, tariff salaries and salary grids of the function and qualification of tariff guidelines while, in non-tariff systems, salaries are determined depending on an assessment of individual and collective performance done by the employer with the limit of the minimum salary. In this regard, the Committee recalls that the objective job evaluation called for, under Article 3 of the Convention, is aimed to give effect to the concept of “equal value” enshrined in the Convention, and that there needs to be an examination of the respective tasks involved, undertaken on the basis of entirely objective and non-discriminatory criteria such as skill, effort, responsibilities and working conditions. Whatever methods are used for the objective evaluation of jobs, particular care must be taken to ensure that they are free from gender bias, either directly or indirectly. Finally, the Committee also recalls that the application of the Convention’s principle is not limited to comparisons between men and women in the same establishment or enterprise, and that ensuring a broad scope of comparison is essential given the prevalence of occupational segregation (see 2012 General Survey, paragraphs 675, 695 and 697).  The Committee asks the Government to clarify how tariff and non-tariff payroll systems provided by the Labour Code ensure the application of objective job evaluation methods, including beyond the same establishment or enterprise, with a view to effectively applying the principle of equal remuneration for men and women for work of equal value. The Committee reminds the Government that it may avail itself of technical assistance from the Office.

Enforcement. Previously, the Committee requested the Government to report on any awareness raising activities carried out to promote the principle of equal remuneration for men and women for work of equal value, and on the number, nature and outcome of any cases concerning the application of the Convention. In this regard, the Committee notes that the Action Plan for Gender Equality includes indicators concerning, inter alia, the approval and implementation of methodologies for examining cases of wage discrimination as well as the strengthening of the capacities of institutions in the labour market regarding the particularities of ensuring equality between women and men in the labour market. In the framework of the Strategy for ensuring equality between women and men in the Republic of Moldova, 2017-2021, the Committee requests the Government: (i) to indicate any steps taken or envisaged to raise awareness regarding the principle of equal remuneration for men and women for work of equal value (including the relevant legislation and complaints procedures), among workers and employers and their organizations; and (ii) to provide information on the number, nature and outcome of any cases in relation to the principle of the Convention.