Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Equal Remuneration Convention, 1951 (No. 100) - Bosnia and Herzegovina (Ratification: 1993)

Articles 1 to 4 of the Convention. Gender pay gap and its underlying causes The Committee notes the indication of the Government that data from the Republic of Srpska Institute for Statistics found the average salaries of men to be higher than the average salaries of women in the majority of activities. The Committee notes the Agency for Statistics of Bosnia and Herzegovina’s publication ‘Women and Men in Bosnia and Herzegovina 2022’, which identifies a wage gap in favour of men in 11 out of the 19 economic activities listed (page 66). The Committee notes that the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) is concerned about the persistent gender pay gap and horizontal and vertical occupational segregation within the country and recommends that the Government undertake a comprehensive study of the root causes of the gender wage gap and use the results to develop further measures to close the gap (CEDAW/C/BIH/CO/6, 12 November 2019, paragraphs 35 and 36). The Committee asks the Government to continue to provide information on the gender pay gap, by economic sector, if possible, in the Federation of Bosnia and Herzegovina (FBiH), the Republika Srpska and the Brčko District. The Committee also asks the Government to continue to provide up-to-date statistical information, disaggregated by sex, on the earnings of men and women, according to industry and occupation, and to indicate if any study has been conducted to identify persistent underlying causes of pay inequality, such as segregation of women into lower-paying jobs or occupations due to gender stereotypes, in cooperation with workers’ and employers’ organizations.

Articles 1(a) and 2(2)(a). Definition of remuneration. Legislation. The Committee recalls that, from the definitions of “salary” in section 75(2) read with sections 76 and 79(2) of the Law on Labour of the Federation of Bosnia and Herzegovina (FBiH), and sections 121(1) and 132 (on “other earnings”) of the Law on Labour of the Republika Srpska, it remains unclear whether the principle of equal salary for work of equal value would apply to payments in kind. The Committee notes that section 90, of the new Labour Law of the Brcko District No. 34/19 uses similar language to the Law on Labour of the Republika Srpska with regard to the definition of “salary” as it also refers to “other income based on work”. The Committee notes the explanation from the Government that, according to the provisions of the Labour Law of the Republika Srpska and Law on Gender Equality of Bosnia and Herzegovina, prohibited gender-based discrimination in employment and employment relations includes, inter alia, failure to provide the same salary and “other benefits” for the same work and work of the same value.The Committee asks the Government to clarify whether, with reference to the implementation of the equal salary principle for work of equal value established in the Labour Law of FBiH, the Labour Law of the Republika Srpska and the Labour Law of Brcko District, “other income based on work” or “other benefits”, as explained by the Government, covers any additional emoluments paid in kind, such as the provision of housing, a car, food etc. It also asks the Government to provide information on any example or interpretation given by the courts in this regard.

Article 2(2)(c). Collective agreements. The Committee notes that the Government does not provide any specific information regarding the role of collective agreements in the promotion and implementation of the principle of equal remuneration for men and women for work of equal value. The Committee again asks the Government to provide information on any measures taken or envisaged, in cooperation with the social partners, to :

• (i)promote the inclusion of specific clauses on equal remuneration for men and women for work of equal value in collective agreements, including on the use of objective job evaluation methods; and
• (ii)organize training and awareness-raising activities on the principle of the Convention.

Article 3. Objective job evaluation. Despite its repeated requests, the Committee notes that the Government has once again not provided any information on the development and promotion of objective job evaluation methods. The Committee again recalls that the concept of work of equal value requires some method of measuring and comparing the relative value of different jobs. While the Convention does not prescribe a specific job evaluation method, Article 3 presupposes the use of appropriate techniques for objective job evaluation, comparing factors such as skills, effort, responsibilities and working conditions. Whatever method is used, particular care must be taken to ensure that it is free from gender bias by making sure that the selection of factors for comparison and the weighting of such factors and the actual comparison are not discriminatory, either directly or indirectly. With reference to its observation, the Committee wishes to point out that cooperation between employers and workers is particularly important in the determination of criteria for job evaluation, giving collective bargaining an important place in this context (see 2012 General Survey on the fundamental Conventions, paragraphs 695, 701 and 705). The Committee again asks the Government to provide information on any steps taken towards the development and promotion of objective job evaluation methods in the public and private sectors, in cooperation with workers’ and employers’ organizations, indicating how it is ensured that in determining wage rates in collective agreements, the work performed by women is not being undervalued in comparison to that of men who are performing different work and using different skills.

Enforcement and awareness-raising The Committee notes the Government’s indication that it has no data regarding disputes before courts related to the application of the Convention. The Committee asks the Government to provide information on any measures taken to :

• (i)raise awareness of and to promote the principle of equal remuneration for men and women for work of equal value;
• (ii)provide training to labour inspectors, workers’ and employers’ organizations; and
• (iii)collect data on judicial or administrative decisions related to the principle of the Convention.