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

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

The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee proceeded with the examination of the application of the Convention on the basis of the supplementary information received from the Government this year, as well as the information at its disposal in 2019.

Article 2 of the Convention. Measures to address the gender pay gap. In its previous comments, the Committee asked the Government to provide information on: (1) the adoption of the Gender Pay Gap Information Bill and its implementation; (2) the conclusions of and follow up to the August 2017 public consultation on measures to tackle the gender pay gap; and (3) the measures taken or envisaged to identify and combat unconscious gender bias in the workplace. It also asked the Government to envisage the possibility of introducing pay transparency to ensure that gender bias is eliminated when pay for performance bonuses are implemented. The Committee notes the Government’s indication that the National Strategy for Women and Girls 2017-20 envisages a package of measures undertaken to tackle the gender pay gap, such as initiating dialogue between the social partners, and developing and promoting practical information resources to explain and increase understanding of the multi-faceted aspects and causes of the gender pay gap. It adds that, during the public consultation from August to October 2017 on the factors contributing to the gender pay gap and measures to address it, 38 submissions were received from various stakeholders and that its results were discussed on 10 January 2018 at a national symposium. The Committee notes with interest that the Gender Pay Gap Information Bill was published in April 2019 and is being examined by the lower house of Parliament (Dáil Éireann). It provides for adoption of regulations by the Minister covering employers in the private and public sectors (initially those employing 250 or more employees, with this threshold being reduced to 50 in stages). Under these regulations, employers will be required to: (1) publish information showing whether there are differences in remuneration referable to gender and, if so, the size of such differences; and (2) publish statements setting out the reasons for such differences and the measures taken, or proposed to be taken, to eliminate or reduce such differences. The Government emphasizes that the Minister may appoint designated officers to investigate how employers prepare the information for publication to ensure its accuracy. The Committee asks the Government to provide information on the results obtained through: (i) the measures adopted under the National Strategy for Women and Girls 2017-20; and (ii) the adoption of the Gender Pay Gap Information Bill and its implementation.

Occupational segregation. Minimum wages. The Committee previously asked the Government to provide information on the measures taken or envisaged to: (1) improve the access of women to a wider range of job opportunities at all levels, including in sectors in which they are currently absent or under-represented; (2) address the stereotypical assumption that family responsibilities should rest mainly on women; and (3) improve the enforcement of minimum wages. It also requested the Government to provide information on the impact of such measures on the gender pay gap. In reply, the Government refers to the National Strategy for Women and Girls 2017-20, which includes a set of actions to tackle the gender imbalance in science, technology, engineering and mathematics (STEM) education and careers. The STEM Education Policy Statement 2017-26 and Implementation Plan 2017-19 were published in November 2017 and a STEM awareness campaign launched in January 2019. It anticipated that targets would be set for women’s participation in 2019 and 2020 and that bursary incentives would be provided. The Committee further notes that the Citizens Assembly on gender equality, established by the Government with a view to bringing forward proposals to advance gender equality, first met in February 2020. In this regard, the Committee refers to its observation on the implementation of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111). The Committee asks the Government to provide information on the proposals made by the Citizens Assembly on gender equality and on their implementation in practice. Noting the absence of information in this regard, the Committee once again asks the Government to provide information on the steps taken to improve the 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, in its previous comment, reiterated its request for information on the implementation of the gender pay review template, including on the findings of the reviews and their practical impact on addressing the gender pay gap, and any directly or indirectly discriminatory practices in respect of the payment of basic wages, additional allowances, bonuses or any other emoluments paid by the employer to the worker. It also requested 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. The Committee notes the Government’s statement that no data is available on the extent of the use by employers of the gender pay review template, which is available free of charge on the Irish Human Rights and Equality Commission (IHREC) website. The Government adds that in 2018 the IHREC prepared a draft Code of Practice on Equal Pay to provide practical guidance to employers, employees and their representatives on the right to equal pay, the elimination of pay inequality and the resolution of pay disputes. The draft was referred to the Minister for Justice and Equality for approval in December 2018 and is currently under consideration. In light of the above, the Committee requests the Government to provide information on the status of the draft Code of Practice on Equal Pay. It once again asks the Government to 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 in both their design and implementation.

Statistics. The Committee notes the information provided by the Government in reply to its previous request, according to which the gender pay gap stood at 13.9 per cent in 2014. It notes that the latest figures published by the statistical office of the European Union (Eurostat) show that the gender pay gap rose to 14.4 per cent in 2017 and has been increasing annually since 2012, when it was 12.2 per cent, although remaining under the European Union average. The Committee notes the Government’s indication, based on 2014 figures, that the gender pay gap increases with age (from 0.8 per cent for people aged under 30 years to 22 per cent for those aged from 50 to 59 years) and that it was 14.1 per cent for professionals, 10.3 per cent for services and sales occupations (in which women are in the majority) and 20.9 per cent for craft and related trades (where men are in the majority). The Committee requests the Government to continue providing statistical information on the evolution of the gender pay gap, disaggregated by sector, occupation and educational level, in both the private and the public sectors.

Enforcement and judicial decisions. The Committee notes the detailed information provided by the Government in reply to its previous request on the 98 complaints alleging equal pay discrimination on the ground of gender filed with the Workplace Relations Commission (WRC) since its establishment on 1 October 2015, and their outcome. In this regard, it notes that 60 per cent of the complaints filed between 2015 and the end of June 2019 for which there is a known outcome were withdrawn before being resolved by mediation or adjudicated and that, of the 18 complaints adjudicated up to the end of June 2019, only two were upheld. The Committee also notes that, under the Gender Pay Gap Information Bill, the IHREC is given power to apply to the circuit court for an order requiring an employer to comply with its obligations under the Ministerial Regulations, and individual employees may bring a complaint to the WRC for non-compliance with reporting regulations by their employers. If it finds in favour of the employee, the WRC may order the employer to take a specified course of action to comply. However, there is no provision for the award of compensation to an individual employee. The Committee asks the Government to continue providing detailed information on the number and outcome of equal pay complaints. It also asks the Government to share any information that could explain the high number of complaints withdrawn before mediation or adjudication and the low number of complaints upheld by the Workplace Relations Commission.