Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

Equal Remuneration Convention, 1951 (No. 100) - Azerbaijan (Ratification: 1992)

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Articles 1 to 4 of the Convention. Assessing and addressing the gender pay gap and its underlying causes. The Committee takes note of the Government’s statement that targeted reforms are being implemented to close the gender pay gap, and that pay reforms were implemented in 2019 to increase the minimum pay and eliminate the gender pay gap. The Committee also notes that, according to the data provided by the Government, in 2021, women’s average monthly wage was at AZN558 while men earned AZN847.7. The Government thus indicates that, in 2021, women’s average monthly earnings represented 65.8 per cent of that of men (a gender pay gap of 34.6 per cent), compared to 54 per cent in 2018 (46 per cent). While taking note of this progress, the Committee notes that the difference in earnings between men and women remains high. The Committee notes the Government’s indication that the gender pay gap may be explained by the fact that women are responsible for housework and family responsibilities and that they prefer to be employed in comparatively light work that requires less responsibilities and are thus paid less than jobs with more responsibilities and higher pay. In this regard, the Committee once again refers to paragraphs 712 and 713 of its 2012 General Survey on the fundamental Conventions, relating to occupational gender segregation. The Committee notes the Government’s indication that, at the start of 2017, women continued to be overrepresented in certain sectors, including in education (where women represented 68.5 per cent of the workforce), health and social care (73.1 per cent) and leisure, entertainment and the arts (59.9 per cent). The Government further indicates that: (1) women prefer to work in low-paid sectors such as health and social services, leisure, entertainment and the arts, education, and real estate services; and (2) over the last 10 years, the share of women in management positions has stood at an average of 10-11 per cent, with a growth rate of only 0.5 per cent. The Committee further notes, from the concluding observations of the United Nations Committee on the Elimination of Discrimination Against Women (CEDAW), the continued existence of horizontal and vertical segregation in the labour market, as well as barriers to women’s access to management positions, higher-paid jobs and decision-making positions (CEDAW/C/AZE/CO/6, 12 July 2022, paragraph 31). Once again recalling that pay inequalities may arise due to the segregation of women and men into certain sectors and occupations, the Committee requests the Government to strengthen its efforts to reduce the wide gender wage gap and address its underlying causes, including any prevailing stereotypes regarding women’s preferences or suitability for certain jobs. In this regard, the Government is requested to provide information on: (i) awareness-raising activities and sensitization initiatives aimed at deconstructing views attributing specific skills, roles and occupations to girls, boys, women or men; (ii) steps taken to promote the participation of more women in male-dominated sectors and jobs, as well as of more men in female-dominated sectors and jobs; and (iii) statistical data on the distribution of women and men in the different sectors of economic activity, occupational categories and positions and their corresponding earnings, both in the private and public sectors.

Articles 1(b) and 2(2)(a). Equal remuneration for work of equal value. Legislation. The Committee notes the Government’s indication, in its report, that, as part of the improvement of the national law and its further harmonization with the requirements of the Convention, the Ministry of Labour and Social Protection has drafted a law amending the Law on Gender Equality of 2006, which has been submitted for approval of the relevant government bodies. The Government indicates that the proposed law will amend section 9, on equal remuneration, and will provide that: “Workers who work in the same workplace, have the same level of qualifications and perform the same or different work of the same value in the same working conditions, must receive equal pay, bonuses and other financial incentive payments for equal work irrespective of their sex”. The Committee notes that the proposed amendment does not give full expression to the principle of the Convention. Indeed, the proposed draft law, if adopted, would still require workers to work in the same workplace, have the same level of qualification, and perform the same work or different work of same value but in the same working conditions, for the principle of equal remuneration to apply. The Committee draws the Government’s attention to the fact that “work of equal value” for women and men can: (1) be performed under different working conditions; (2) require different professional skills; (3) require different levels of effort; and (4) involve different responsibilities. When determining the value of different jobs, the value does not have to be the same with respect to each factor taken into consideration. Determining the value is about the overall value of the job when all the factors are taken into account together. In this regard, the Committee once again refers to paragraphs 672 to 675 and 677 of its General Survey of 2012 on the fundamental Conventions.The Committee once again urges the Government to take the necessary measures to: (i) give full legislative expression to the principle of the Convention by ensuring that equal remuneration for women and men is guaranteed not only for work that is “equal”, “the same” or “similar”, but also for work that is of an entirely different nature, but which is nevertheless of equal value; and (ii) to ensure that measures are taken to implement this principle in practice, including through collective agreements.

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