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

Equal Remuneration Convention, 1951 (No. 100) - Croatia (Ratification: 1991)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Articles 1 and 2 of the Convention. Application of the principle of equal remuneration for work of equal value in law and in practice. The Committee recalls that, in its previous comment, it had asked the Government to provide information on the practical application of sections 10(2) and 11 of the Civil Service Act of 2011, while awaiting the translation of the Civil Service Act of 2011 into one of the official languages of the Office. In its report the Government makes reference to articles 10 and 11 of the Civil Service Act, but does not provide any information on their application in practice and indicates that it does not have any information regarding complaints filed with the Ombudsperson for Gender Equality nor judicial decisions applying the principle of the Convention. The Committee notes that article 10(2) of the Civil Service Act of 2011, entitled “Salaries and other benefits” provides that “the right to equal pay for equal work or work of equal value” shall be accorded to all civil servants regardless of their type of contract, while section 11 entitled “Equal treatment and Equal opportunity” states that: “The chief executives of State bodies and superior civil servants shall be obliged to treat civil servants justly and equally, regardless of their race, political beliefs, sex, marital or familial status, sexual orientation, personal conditions, age, or ethnic origin, and provide them with equal opportunities for advancement, rewards and legal protection.” The Committee notes that, both of these provisions are too general and do not address specifically the principle of equal remuneration between men and women for work of equal value embodied in the Convention. The Committee notes, however, that the Gender Equality Act of 2008 prohibits discrimination on the basis of gender and refers to the principle of “equal pay for equal work and work of equal value” (article 13(1)(4)) in conformity with the Convention. The Committee also notes that the Labour Act No. 093/2014 of 18 July 2014 provides, in its article 91, that an “employer shall be obliged to pay equal remuneration to female and male workers for the same work or for work to which equal value is attributed” while giving a definition of “same work or work to which equal value is attributed” that is in line with the Convention. The Committee is of the view that the principle of equal remuneration between men and women for work of equal value should also be clearly stated in the Civil Service Act of 2011 – since the Convention clearly applies to the public sector. Regarding the annual report for 2017 of the Ombudsperson for Gender Equality, the Committee notes that it reveals that the majority of complainants were women (66.7 per cent) and that 86.2 per cent of cases were based on discrimination based on sex. However, the annual report does not identify if any of these cases were related to the issue of equal remuneration between men and women.The Committee therefore reiterates its request to the Government to take steps to collect statistical information on any complaints lodged before the Ombudsperson for Gender Equality regarding discrimination in remuneration, and any judicial decisions applying the principle of equal remuneration for men and women for work of equal value, and to provide information in this regard. It also requests the Government to provide information on the practical application of sections 10(2) and 11 of the Civil Service Act of 2011 and to ensure that the principle of the Convention is formally stated in the above-mentioned text and to keep it informed of any further developments on this matter.

National policy and gender pay gap. The Committee notes that the National Gender Equality Policy 2011–15 has expired and that, to date, the new National Gender Equality Policy has not yet been adopted. In this regard, it notes the Government indication that the Office for Gender Equality is in the process of preparing the new policy for the period 2017–20 which will include measures to enhance implementation of the principle of equal pay for work of equal value and to reduce the gender pay gap. It also notes the Government’s indication that the gender pay gap stands at 10.4 per cent. The Committee notes that the report does not provide information on any concrete steps taken to address effectively the gender pay gap nor on the results achieved through the implementation of the National Gender Equality Policy (2011–15). It also notes the concerns expressed by the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) that the effectiveness of the Office for Gender Equality and the Ombudsperson for Gender Equality is hampered by the inadequacy of the human, technical and financial resources allocated to them (CEDAW/C/HRV/CO/4-5, 28 July 2015, paragraph 12). The Committee also notes that, in the study entitled “Gender Equality Policies in Croatia – Update”, carried out and published in 2017 at the request of the European Parliament’s Committee on Women’s Rights and Gender Equality, by the Policy Department on Citizen’s Rights and Constitutional Affairs, it is indicated that, although the gender pay gap in Croatia is lower than the average for the European Union Member States, it is a persistent problem, aggravated by the fact that there is no obligation of pay transparency in the private sector, thus making it very hard for an individual to assert an equal pay claim. Likewise, the CEDAW noted the persistent horizontal and vertical occupational segregation, the lack of implementation of the principle of equal pay for work of equal value and the persistent gender wage gap (CEDAW/C/HRV/CO/4-5, 28 July 2015, paragraph 28(a) and (b)).The Committee asks the Government to provide information on the adoption of the new National Gender Equality Policy and the period it covers as well as on concrete steps taken to address effectively the gender pay gap and to report any results achieved. Please also provide information on the current gender pay gap, identifying differences between the private and public sectors.

Article 3. Objective job evaluation. The Committee notes the Government’s indication that, according to the Civil Service Act, the wage rate is obtained by multiplying the basic salary by the job complexity coefficients which are equally applied to all civil servants without gender differences through the Civil Service Job Position Titles and Complexity Coefficients Regulations (as updated). The Committee recalls that Article 3of the Convention presupposes the use of appropriate techniques for objective job evaluation to determine value, comparing factors such as skill, effort, responsibilities and working conditions (see General Survey of 2012 on the fundamental Conventions, paragraph 675). The Committee notes that the Government did not provide any information concerning civil servants’ salaries and the drawing up of job descriptions free from gender bias.The Committee asks the Government, once again, to provide more detailed information on how it is ensured, through the Civil Service Job Position Titles and Complexity Coefficients Regulations or otherwise, that the criteria used to design the pay system in the civil service is free of gender bias and promotes the principle of the Convention and, in particular, to provide details on the job complexity coefficients used under the Regulations. The Committee once again asks the Government to provide information on active measures taken in law and in practice to promote the design and use of objective job evaluation methods that are free from gender bias in the private sector.

Awareness-raising and enforcement. The Committee notes that the National Gender Equality Policy 2011–15 envisaged two sets of measures to address the gender pay gap: improving the statistical monitoring and raising awareness of all stakeholders involved in collective bargaining of the importance of the principle of equal pay for work of equal value. It notes the Government’s statement that two implementation reports were prepared (2011–13 and 2014–15) and that “based on reports provided by the competent authorities, all stakeholders involved in collective bargaining are informed of the importance of equal pay for equal work and work of equal value for women and men”. The Committee notes however that, in the above-mentioned study “Gender Equality Policies in Croatia”, it is indicated that the measures envisaged in the national policy and directed at awareness-raising of social partners were not implemented at all. The Committee wishes to draw the Government’s attention to the fact that awareness-raising measures, can take multiple forms in addition to training activities, such as dissemination of information on national policies and legislation, publication of guidelines, handbooks, organization of workshops or campaigns, launching of specific programmes to mobilize various sectors, etc. Regarding enforcement, the Committee notes the information provided by the Government on the work of the Labour Inspectorate in reply to its previous comment. It notes that any worker who considers they have been subjected to gender-based discrimination can submit a complaint to the Labour Inspectorate. The Government, however, does not provide the requested information regarding the specific training or awareness-raising activities, the use of the complaint mechanisms and the specific functions of the labour inspectors.The Committee is therefore bound to ask the Government, once again, whether any awareness-raising activities, including specific training has been conducted or envisaged to raise awareness of the workers and employers concerning the principle of equal remuneration for men and women for work of equal value, and the use of the complaint mechanisms. Please provide examples. It also asks the Government to provide information on any training undertaken to increase the capacity of labour inspectors and other officials to detect violations of the principle under the Convention. Please provide information on the number of violations detected, complaints filed, and legal proceedings initiated before the courts and their outcome with respect to the principle under the Convention.