Equal Remuneration Convention, 1951 (No. 100) - Lithuania (Ratification: 1994)

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

Articles 1 and 2 of the Convention. Equal remuneration for men and women for work of equal value. Legislation. The Committee previously noted that: (1) section 26(2)(4) of the Labour Code provides that an employer shall ensure equal pay for work of equal value; and (2) section 140(5) provides that men and women shall receive equal pay for the same or equivalent work. It noted that “equivalent work” means that, based on objective criteria, the work does not require lower qualifications and is not less significant for the employer’s objectives than other comparable work. The Committee notes with regret the lack of information provided by the Government on the application of these provisions in practice. It recalls that, even where the term “work of equal value” is provided for in the legislation, its scope may be narrower than the principle enshrined in the Convention as a result of too restrictive formulations that require work to be an equal level of complexity, responsibility and difficulty, or the same qualifications (2012 General Survey on the fundamental Conventions, paragraph 677). In light of the persistent gender pay gap, the Committee once again asks the Government to provide information on the application in practice of sections 26(2)(4) and 140(5) of the Labour Code, including by providing examples of the manner in which the terms “work of equal value” and “equivalent work” have been interpreted in administrative or judicial decisions.

Article 2. Minimum wages. The Committee previously noted that, under the terms of section 141 of the Labour Code, monthly and hourly minimum wages are determined by the Government upon the recommendation of the Tripartite Council, and can only be paid for unskilled jobs which do not require any specific qualifications or professional skills. Collective agreements may set higher amounts for minimum wages. The Committee notes the Government’s indication in its report that in 2020 the net minimum monthly wage was increased from EUR395 to EUR425, which represents 53 per cent of the amount of the net average wage. It further notes from the statistical information provided by the Government that 10.9 per cent of all workers received the minimum monthly wage in 2018, representing a 2.7 per cent decrease compared with 2017. With regard to collective agreements, the Committee takes note of a national collective agreement signed on 10 July 2020 between the Government and several trade unions providing for wage increases in the public sector. The Committee once again asks the Government to: (i) indicate how it is ensured that, in defining minimum wages through collective agreements, rates are fixed on the basis of objective criteria, free from gender bias, and that female-dominated occupations are not undervalued in comparison with those in which men predominate; (ii) provide relevant extracts from collective agreements fixing minimum wages; and (iii) provide statistical information on the percentage of women and men who are paid the statutory minimum wage.

Article 3. Objective job evaluation. Public sector. The Committee previously noted that the remuneration of workers in the public sector is determined on the basis of the complexity of work, responsibility, working conditions and workers’ qualifications and performance, and that a draft Law on the remuneration of workers in state and municipal institutions was under consideration in order to establish basic wage coefficients. The Committee takes note of the adoption of the Law on Remuneration of Employees and Members of Commissions of State and Municipal Institutions (hereinafter, the Law on Remuneration), which entered into force on 1 February 2017. It notes that the Law on Remuneration classifies jobs in four levels, based on the level of education required, in order to provide equal opportunities for equally educated employees in public institutions to receive fair pay for their work. The Committee notes the Government’s indication that, pursuant to the Law, each institution shall approve its own remuneration system, as each institution is different in the nature of its functions and the number of staff and it would not be appropriate to have the same methodology for different institutions. The remuneration system shall specify employee categories based on position and qualifications, as well as the salary range (minimum and maximum) and the forms of payment for each of them, the grounds and procedures for allocating additional payments (bonuses and allowances) and the procedure for wage indexation. The Government adds that the labour inspectorate provides advice to help institutions develop their own remuneration system. The Committee further notes the Government’s statement that the 2005 methodology for the assessment of jobs and positions implemented by the Tripartite Council has not been reviewed. Such criteria as job difficulty, responsibilities, working conditions and the qualifications of employees are reflected in their job descriptions. The Committee however notes that, according to the 2019 European country report on gender equality in the public sector, even with rigid regulation of wage policies, employers are given broad discretion (pay brackets or a non-transparent system of performance rewards) to decide individually on the exact level of remuneration of individual employees (p. 18). The Committee once again asks the Government to provide information on the methodology used in the civil service and for state and municipal employees to classify and rank different jobs and positions on the basis of the above criteria, such as complexity of work, responsibility, working conditions and workers’ qualifications and performance, and to indicate how it is ensured that this classification does not result in an undervaluation of jobs traditionally held by women. It further asks the Government to provide statistical information on the distribution of men and women in the civil service and in state and municipal institutions, disaggregated by category, and their respective levels of remuneration.

Awareness-raising. Referring to its previous comments, the Committee notes the Government’s indication that during the implementation of the Action Plan for the Promotion of Non-discrimination 2017-19, several education, information and training activities were carried out addressing the gender pay gap. The Government adds that in 2018 the Office of the Equal Opportunities Ombudsman carried out public awareness-raising activities on gender inequality in the public sector. The Committee recalls in this regard that the persistence of significant gender pay gaps requires governments, along with employers’ and workers’ organizations, to take more proactive measures to raise awareness, make assessments, and promote and enforce the application of the principle of equal remuneration for men and women for work of equal value. The Committee therefore asks the Government to continue providing information on the concrete measures taken, including by the Equal Opportunities Ombudsperson, to promote public awareness regarding the persistent underlying causes of pay inequality and the relevant legislative provisions adopted to promote the effective application of the principle of the Convention.

Enforcement. The Committee previously noted that, despite the preparation of a checklist for labour inspectors to ensure equal rights for women and men at work, no case relating to unequal remuneration has been detected by the labour inspectorate or dealt with by the courts. The Committee notes the Government’s indication that in 2018 the State Labour Inspectorate conducted more than 60 inspections in the area of the implementation of equal treatment for women and men in labour relations, of which only one case of wage differentials for the same work or work of equal value was detected. Furthermore, the Equal Opportunities Ombudsperson received only one complaint on unequal remuneration between men and women in 2018, as well as one complaint in 2019. In both cases, the Ombudsperson found that the complaints were unfounded. The Committee wishes to recall that, where no cases or complaints, or very few, are being lodged, this is likely to indicate a lack of an appropriate legal framework, lack of awareness of rights, lack of confidence in or absence of practical access to procedures, or fear of reprisals (2012 General Survey on the fundamental Conventions, paragraph 870). The Committee asks the Government to provide information on any measures taken to strengthen the capacity of labour inspectors to detect and address unequal remuneration between men and women, as well as to assist workers with the procedures and remedies available. It further asks the Government to continue providing information on any cases or complaints concerning inequality of remuneration detected by or dealt with by labour inspectors, Labour Dispute Committees, the Equal Opportunities Ombudsperson or the courts, as well as the penalties imposed and remedies provided.

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

Articles 1 and 2 of the Convention. Assessing and addressing the gender pay gap. Referring to its previous comments where it noted that since 2011 the gender pay gap had been increasing regularly, the Committee notes, from 2020 Eurostat data, that the gender pay gap in unadjusted form (the difference between the average gross hourly earnings of men and women expressed as a percentage of the average gross hourly earnings of men) decreased from 15.2 per cent in 2017 to 14 per cent in 2018. It further notes, from the statistical information provided by the Government, that, in 2018, the gender pay gap was estimated to be 14.1 per cent in the public sector and 14.2 per cent in the private sector. The Committee notes the Government’s indication, in its report, that the Programme on National Progress for Lithuania for 2014–2020 sets as a specific objective the reduction of the gender pay gap to 7 per cent by 2030. The Government adds that, to this end, it plans to continue the implementation of the measures identified in the Action Plan 2018–2021 for the Implementation of the National Programme on Equal Opportunities for Women and Men 2015-2021, namely by: (1) conducting surveys on wage differentials and disseminating their results; (2) organizing awareness-raising campaigns and educational and informational events, including information seminars for target groups (social partners, media, policymakers) on gender pay and pension gaps and their causes in order to resolve issues related to market segregation; and (3) conducting thematic reviews, including pay audits, in order to increase pay transparency and present their results to the Tripartite Council. The Committee further notes the Government’s statement that it will continue to address sectoral and occupational gender labour market segregation. In that regard, the Committee notes, from the statistical information provided by the Government, that, in 2018, women were earning less than men in all types of activities except transport, and storage and construction. The largest gender pay gaps were observed in the financial and insurance sector (37.3 per cent), information and communications (27.8 per cent), human health care and social work (26.9 per cent) and manufacturing (24.8 per cent). In 2018, the average gross hourly earnings in industry, construction and services (excluding public administration, defence and compulsory social insurance) was estimated at €4.95 for women and €5.75 for men. The Committee further notes that in 2017 while women represented 77.1 per cent of the civil servants (excluding statutory), their remuneration was on average 10.3 per cent lower than those of men. The Committee notes that, according to the 2019 European country report on gender equality, the difference between men’s and women’s earnings is largely explained by the concentration of women in low-paid sectors and in certain categories of occupations. According to this report, more recent studies also confirmed that differences in the salaries of men and women are based on unjust and unfair setting of salary rates without considering most of the internal and external factors. Employers are more likely to assign men to more responsible and better-paid job positions, although the educational indicators of women are higher than those of men in today’s society (page 16). The Committee further notes that, in their recent concluding observations, several United Nations (UN) treaty bodies expressed concern about the persistent gender pay gap which results in lower levels of pension benefits and salaries in traditionally female-dominated occupations (CEDAW/C/LTU/CO/6, 12 November 2019, paragraph 36; and CCPR/C/LTU/CO/4, 29 August 2018, paragraph 15). Welcoming the recent downward trend observed in the gender pay gap, the Committee urges the Government to pursue its efforts and to provide information on the concrete measures and activities undertaken (in the framework of the Action Plan 2018-2021 for the Implementation of the National Programme on Equal Opportunities for Women and Men 2015-2021 or otherwise) to address the gender pay gap, both in the public and private sectors, in particular by addressing occupational gender segregation and promoting women’s access to jobs with career prospects and higher pay. Recalling that section 23(2) of the Labour Code provides that an employer who has more than 20 employees on average must submit to the work council and the trade union, at least once a year, updated information, disaggregated by sex and occupation, on the average pay of employees (except for managerial positions), the Committee asks the Government to provide statistical information on the earnings of men and women, disaggregated by economic activity and occupation, both in the public and private sectors.

Articles 3 and 4. Objective job evaluation. Cooperation with workers’ and employers’ organizations. Referring to its previous comments where it noted that, as a result of a survey conducted in 2015 on the implementation of the methodology for the assessment of jobs and positions, the Tripartite Council suggested an updating of the 2005 methodology, the Committee notes the Government’s statement that such methodology has not been reviewed. The Committee recalls that: (1) section 26(2)(3) of the Labour Code provides that an employer shall use uniform job evaluation criteria; (2) section 140(3) provides that remuneration systems are determined by collective agreement or, in the absence of such agreement (in workplaces with an average number of at least 20 employees) that it must be approved by the employer after information and consultation procedures, and be accessible to all employees; and (3) section 140(5) provides that the remuneration system must be designed in such a way as to avoid any gender discrimination or discrimination based on other grounds. It notes the Government’s statement that out of the 259 collective agreements currently in force, only 10 collective agreements contain provisions providing that companies shall ensure fair and competitive wages for all of their employees and avoid any discrimination, in particular on the ground of sex. The Committee observes the lack of information on whether such instruments contain specific provisions on remuneration systems. In that regard, the Committee notes that, according to the 2019 European country report on gender equality, the remuneration systems generally lack transparency as: (1) wages are usually set by individual agreement and not by a collective agreement; and (2) individual wages belong to the sensitive data protected by statutory or contractual confidentiality clauses (page 18). As regards collective agreements, the Committee notes that the Government refers to the implementation, from 2017 to 2020, of the project “Model of Cooperation between Trade Unions and Employers in Developing Social Dialogue” which aims at enhancing social dialogue between employers’ and workers’ organization, in order to produce methodological measures for collective bargaining. In light of the persistent gender pay gap, the Committee urges the Government to provide information on the application of sections 26(2)(3) and 140(3) and (5) of the Labour Code in practice, including by indicating how it is ensured that remuneration systems are based on objective job evaluation methods that are free from gender bias. It further asks the Government to provide information on: (i) any measures taken or envisaged to promote wage transparency; and (ii) any steps taken, in cooperation with the social partners, to promote the principle of the Convention in branch, territorial and enterprise negotiations, and ensure that work in sectors and occupations in which women are predominantly employed is not being undervalued. The Committee again asks the Government to provide relevant extracts of collective agreements containing provisions that reflect the principle of the Convention.

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

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Article 2 of the Convention. Minimum wages. The Committee takes note of the adoption of Law No. XII-2462 of 21 June 2016 establishing and implementing the new Labour Code, which entered into force on 1 July 2017. It notes that, according to section 141 of the new Labour Code, monthly and hourly minimum wages are determined by the Government on recommendation of the Tripartite Council and can only be paid for unskilled jobs which do not require any specific qualifications or professional skills. Collective agreements may set higher amounts for minimum wages. The Committee notes, according to the European Foundation for the Improvement of Living and Working Conditions (Eurofound), that as of 1 January 2018, the minimum wage was increased by 5.3 per cent compared to 2017. The Committee requests the Government to provide statistical information on the percentage of women and men who are paid the national minimum wage. It further requests the Government to indicate how it is ensured that, in defining minimum wages through collective agreements, rates are fixed on objective criteria, free from gender bias, and that female-dominated occupations are not undervalued in comparison with those predominantly dominated by men. The Committee requests the Government to provide a copy of collective agreements fixing minimum wages.

Article 3. Objective job evaluation. Public sector. In its previous comments, the Committee noted the Government’s indication that the remuneration of workers in the public sector is determined on the basis of the complexity of work, responsibility, working conditions and workers’ qualifications and performance, and that a draft Law on the remuneration of workers of state and municipal institutions was under consideration in order to establish basic wage coefficients and classify jobs in four levels, based on the level of education required. The Committee notes that the Government states, in its report, that the submission of the draft Law to Parliament was hindered by the financial crisis and postponed at that time to the end of 2013. The Government adds that, pursuant to the draft Law, remuneration rates will be established in accordance with the nature of the work, the size of the institutions of specific economic branches and other criteria, and that the Government will be responsible for approving the sample list of harmonized occupations at state and municipal institutions, as well as the job description methodology. Noting that the draft Law on the remuneration of workers in the public sector has not been adopted yet, the Committee requests the Government to provide information on the status of the adoption of the draft Law and to provide a copy of the new legislation, once adopted. In the meantime, the Committee again requests the Government to provide information on the methodology currently used in the public sector to classify and rank different jobs and positions on the basis of the mentioned criteria, such as complexity of work, responsibility, working conditions and workers’ qualifications and performance, indicating how it is ensured that this classification does not result in an undervaluation of jobs traditionally held by women. It requests the Government to provide statistical information on the distribution and remuneration of men and women in the public sector.

Awareness raising. The Committee notes that, in its report under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), the Government indicates that, in the framework of the implementation of the National Programme on Equal Opportunities for Women and Men for 2015–21, 70 consultative events were organized in 2015 within companies in order to discuss the application of the principle of equal pay for equal work or work of equal value. It further notes that, in 2015 and 2016, an Equal Pay Day was organized to increase public awareness about the existing gender pay gap and that a calculator that would indicate the number of days that women would have to work additionally in order to receive the same earnings as men was also envisaged. Recalling that the continued persistence of significant gender pay gaps requires that governments, along with employers’ and workers’ organizations, take more proactive measures to raise awareness, make assessments, and promote and enforce the application of the principle of equal remuneration for men and women for work of equal value, the Committee requests the Government to continue to provide information on the concrete measures taken, including by the Equal Opportunities Ombudsperson, to promote public awareness on the persistent underlying causes of pay inequality and on the relevant legislative provisions adopted to promote the effective application of the principle of the Convention.

Enforcement. The Committee previously noted that the number of complaints received by the labour inspectorate regarding equal remuneration for men and women decreased from eight in 2008 to one in 2009, and recalled that the absence, or the low number, of complaints does not necessarily indicate an absence of violations in practice, and rather it may indicate a lack of understanding of the principle by labour inspectors, workers and employers, or a lack of confidence in or absence of complaints mechanisms. The Committee notes the Government’s indication that a checklist for ensuring equal rights for women and men at work was used by labour inspectors who conducted 70 inspections on labour conditions between June and November 2015, but that no infringement was identified concerning conditions of remuneration between men and women. The Government adds that in the period 2014–15 no complaint concerning equal remuneration for men and women was received and no court decision was handled. The Committee requests the Government to continue to provide information on the measures taken to strengthen the capacity of labour inspectors to identify and address unequal remuneration, as well as to assist workers in procedures and remedies awarded in this regard. It also requests the Government to continue to provide information on any violations detected by or brought to the attention of labour inspectors, as well as on any complaints brought to the Equal Opportunities Ombudsperson or the courts, regarding wage discrimination, and on the outcomes thereof.

Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

Articles 1 and 2 of the Convention. Equal remuneration for work of equal value. Legislation. The Committee takes note of the adoption of Law No. XII-2462 of 21 June 2016 establishing and implementing the new Labour Code, which entered into force on 1 July 2017. It notes that section 26(2)(4) of the new Labour Code provides that an employer shall ensure equal pay for work of equal value, and that section 140(5) provides that men and women shall receive equal pay for the same or equivalent work. “Same work” shall mean performing a work activity which, based on objective criteria, is the same as or similar to another work activity to such extent that both employees can be interchanged without a significant cost for the employer. “Equivalent work” shall mean that, based on objective criteria, the work does not require lower qualifications and is not less significant for the employer’s objectives than other comparable work. The Committee further notes the Government’s indication, in its report, that a draft Law is currently under consideration to establish uniform remuneration of workers in the public sector who perform work of the same complexity and requiring the same qualifications. The Committee draws the Government’s attention to the fact that even where the term “work of equal value” is provided for in the legislation, its scope may be narrower than the principle enshrined in the Convention as a result of too restrictive formulations requiring work of an equal level of complexity, responsibility and difficulty, or requiring the same qualifications (see 2012 General Survey on the fundamental Conventions, paragraph 677). The Committee requests the Government to provide information on the practical application of sections 26(3) and 140(5) of the new Labour Code, including by providing examples of the manner in which the terms “work of equal value” and “equivalent work” have been interpreted in practice. It also trusts that the Government will take the necessary measures to ensure that the draft Law aiming at the harmonization of the remuneration of workers in the public sector will give its full expression to the principle of equal remuneration for men and women for work of equal value enshrined in the Convention. The Committee requests the Government to provide information on the status of the adoption of the draft Law, as well as a copy of the new legislation, once adopted.

Gender pay gap. In its previous comments, the Committee noted that the differential in men’s and women’s average gross hourly earnings had continued to decrease from 21.6 per cent in 2008 to 11.9 per cent in 2011. The Committee notes with concern, from Eurostat and Statistics Lithuania, that, since 2011, the gender pay gap (average gross hourly earnings) increased again to 15.6 per cent in 2015. In 2015, earnings of men exceeded those of women in all economic activities, except transportation and storage where women’s earnings were 9.5 per cent higher than those of men. The pay gap between men and women was still particularly wide in financial and insurance activities (38.5 per cent), information and communication (29.5 per cent), human health and social work activities (26.3 per cent), and manufacturing (25.6 per cent). The Committee notes the Government’s indication that the National Programme on Equal Opportunities for Women and Men for 2012–14 identified persistent discriminatory attitudes between men’s and women’s roles at work, and that therefore reduction of the gender segregation of the labour market and of the gender pay gap are still part of the priority goals of the new National Programme on Equal Opportunities for Women and Men for 2015–21, and its accompanying Action Plan for 2015–17. The Government states that, to this end, specific training on the improvement of gender equality in remuneration was conducted for employers from both the public and private sectors and educational events on equal pay for work of equal value were also planned in 2016–17 for social partners and companies. The Committee notes that the United Nations Human Rights Committee recently expressed concern about the persistent gender pay gap and recommended that the Government should strengthen its efforts to eliminate this gap by addressing differences in pay between men and women for work of equal value (CCPR/C/LTU/CO/4, 26 July 2018, paragraphs 15 and 16). The Committee trusts that the Government will make every possible effort to put an end to the increase and address the gender pay gap and its underlying causes, without delay, and requests the Government to provide information on the measures taken to this end, including in the context of the National Programme on Equal Opportunities for Women and Men (2015–21), as well as on the results achieved. Noting that section 23(2) of the new Labour Code provides that an employer who has more than 20 employees on average must submit to the work council and the trade union, at least once a year, updated information, disaggregated by sex and occupation, on the average pay of employees (except for managerial positions), the Committee requests the Government to continue to provide statistical information on the distribution of men and women in the different sectors of the economy and occupational levels and their respective levels of earnings.

Articles 3 and 4. Objective job evaluation. Cooperation with workers’ and employers’ organizations. The Committee previously noted that workshops were organized between 2006 and 2009 to introduce the methodology for the assessment of jobs and positions, which was approved by the Tripartite Council in 2005, to representatives of trade unions and financial and human resources managers of private enterprises, and that there were plans for carrying out a survey on the implementation of this methodology. The Committee notes the Government’s indication that a survey on the compliance with the methodology was conducted in July 2015 and, as a result, the Tripartite Council suggested an updating of the 2005 methodology at a further meeting. The Committee notes that section 26(2)(3) of the new Labour Code provides that an employer shall use uniform job evaluation criteria, and that section 140(3) provides that the remuneration systems are determined by collective agreement or, in the absence of such agreement (in workplaces with an average number of at least 20 employees) that it must be approved by the employer after information and consultation procedures, and be accessible to all employees. The Committee notes that such remuneration systems must list categories of employees by positions and qualifications, form of payment, highest and lowest pay rates for each category of workers, grounds and procedures for granting additional payments, and the pay indexation procedure. It further notes that, according to section 140(5) of the new Labour Code, the remuneration system must be designed in such a way as to avoid any gender discrimination or discrimination based on other grounds. The Committee notes from Eurostat that, in 2013, collective wage bargaining coverage of employees at all levels was only 19 per cent. The Committee requests the Government to provide information on the status of the revision process of the 2005 methodology for the assessment of jobs and positions undertaken by the Tripartite Council, and to provide a copy of the new methodology, once adopted. It also requests the Government to provide information on the practical application of sections 26(2)(3) and 140(3) and (5) of the new Labour Code, including by indicating how it is ensured that remuneration systems are based on objective job evaluation methods that are free from gender bias. Taking note of the adoption of the National Action Plan for the Strengthening of Social Dialogue for 2016–20, the Committee requests the Government to provide information on the steps taken, in cooperation with the social partners, to promote the principle of the Convention in branch, territorial and enterprise negotiations, and to ensure that work in sectors and occupations in which women are predominantly employed, is not being undervalued. Please provide information on any collective agreements containing provisions reflecting the principle of the Convention, as well as on any impact of the National Action Plan for the Strengthening of Social Dialogue in this regard.

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

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Article 3 of the Convention. Objective job evaluation. Public sector. In its previous comments, the Committee noted the Government’s indication that the remuneration of workers in the public sector is determined on the basis of the complexity of work, responsibility, working conditions and workers’ qualifications and performance, and that a draft Law on the remuneration of workers of state and municipal institutions was under consideration. In this connection, the Committee notes the Government’s statement that, although it intended to submit the draft Law to Parliament in 2008, the submission has been hindered by the financial crisis and postponed to the end of 2013. The Government also indicates that the Bill establishes basic wage coefficients and classifies jobs in four levels, based on the level of education required. The Government adds that under the new law, remuneration rates will be established in accordance with the nature of the work, the size of the institutions of specific economic branches and other criteria. Pursuant to the draft Law, the Government is responsible for approving the sample list of harmonised occupations at state and municipal institutions, as well as the job description methodology. In the absence of a reply on this subject, the Committee once again asks the Government to provide information on the methodology used to classify and rank different jobs and positions on the basis of the mentioned criteria, namely complexity of work, responsibility, working conditions and workers’ qualifications and performance, indicating how it is ensured that this classification does not result in an undervaluation of jobs traditionally held by women. The Committee also asks the Government to provide statistical information on the distribution and remuneration of men and women in the public sector. Please provide information on the status of the adoption of the Law on the remuneration or workers of state and municipal institutions.

Parts III and IV of the report form. Enforcement. The Committee had previously noted that the number of complaints received by the labour inspectorate regarding equal remuneration for men and women had decreased from eight in 2008 to one in 2009. The Committee recalled that the absence or the low number of complaints does not necessarily indicate an absence of violations in practice, as it may rather indicate a lack of understanding of the principle by labour inspectors, workers and employers, or a lack of confidence in or absence of complaints mechanisms. In this regard, the Committee notes the Government’s indication that two complaints concerning equal remuneration for men and women were received in 2010, none in 2011, and only one in 2012. All complaints were dismissed. The Committee asks the Government to provide information on the concrete measures taken to strengthen the capacity of labour inspectors to identify and address unequal remuneration, as well as to promote public awareness of the legal provisions on equal remuneration, the procedures and remedies available, and to assist workers in such procedures. It also asks the Government to continue to provide information on any violations detected by or brought to the attention of labour inspectors regarding wage discrimination, and on the outcome thereof. The Committee once again requests the Government to provide information on the activities of the Equal Opportunities Ombudsperson which relate to the application of the Convention and their outcomes.

Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

Gender pay gap. The Committee notes from Eurostat that the gender pay gap (average gross hourly earnings) continued to decrease, reaching 11.9 per cent in 2011, compared to 14.6 per cent in 2010 and 15.3 per cent in 2009. Nonetheless, in 2011, male workers’ wages were higher than those of their female counterparts in most sectors, except for transportation and storage. The pay gap between men and women was particularly wide in financial and insurance activities (40.8 per cent), manufacturing (26.9 per cent) and information and communication (25.7 per cent). Pay differentials between men and women were higher in the private sector (16 per cent) than in the public sector (12.1 per cent). In this connection, the Committee recalls that one of the main objectives of the third National Programme on Equal Opportunities for Women and Men (2010–14) is the reduction of the gender remuneration gap, with a particular focus on analysing and addressing the causes of pay discrimination, such as horizontal and vertical occupational segregation on the labour market and vocational training counselling based on gender stereotypes, through a greater involvement of the social partners in gender equality issues in employment and occupation. Noting that the Government’s report contains no information in this regard, the Committee reiterates its request for information on the measures taken to further reduce the gender pay gap and address its underlying causes, including in the context of the National Programme on Equal Opportunities for Women and Men (2010–14), and the results achieved. The Committee also asks the Government to continue to provide statistics on the distribution of men and women in the different sectors of the economy and occupational levels and their respective levels of earnings.

Articles 3 and 4 of the Convention. Objective job evaluation. Cooperation with workers’ and employers’ organizations. The Committee had previously noted that workshops were organized between 2006 and 2009, to introduce the methodology for the appraisal of jobs and job positions to representatives of trade unions and financial and human resources managers of private enterprises. The Committee had also noted that there were plans for carrying out a survey on the implementation of this methodology, which was developed in the context of the National Programme on Equal Opportunities for Women and Men (2003–04). The Committee had noted further that the aims of the Programme for Strengthening Social Dialogue (2007–11) included promoting the conclusion of branch and enterprises collective agreements, which would include provisions on remuneration. In this regard, the Committee notes the Government’s indication that neither a branch collective agreement signed between the Lithuanian Journalists Union and the National Regional and Local Newspaper Publishers Association in 2007, nor a territorial collective agreement signed between the Association of Western Lithuanian Trade Unions of Constructors and Designers and the Western Lithuanian Construction and Design Group in 2012 contain clauses on the use of the methodology for the appraisal of jobs and job positions. The Government also indicates that 81 collective agreements were signed in the context of the implementation of the Programme for Strengthening Social Dialogue between 2007 and 2011, but no information is available as to whether clauses promoting the use of the methodology for the appraisal of jobs have been included in any of the agreements. Noting the above, the Committee asks the Government to provide information on any other measures adopted to promote the use of objective job evaluation methods that are free from gender bias, and the results achieved. The Committee also asks the Government to provide information on the steps taken, in cooperation with the social partners, to promote the principle of the Convention in branch, territorial and enterprise negotiations, and to ensure that work in sectors and occupations in which women are predominantly employed, is not being undervalued. Please continue to provide information on any collective agreements containing provisions reflecting the principle of the Convention.

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

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Public sector. The Committee understands from the Government’s report that the Law on the remuneration of workers of state and municipal institutions has been adopted and that remuneration of civil servants is governed by the Law on Public Service, according to which the single methodology for the appraisal of job positions applies. The Government further indicates that, following the adoption of the Law on the remuneration of workers of state and municipal institutions, equal remuneration was ensured for employees performing equal work based on qualifications and complexity. The Committee recalls that the principle of the Convention goes beyond equal work and therefore requires the evaluation of jobs on the basis of the work to be performed using objective and non-discriminatory criteria in order to avoid a gender-biased assessment of their value for the purpose of wage setting. The Committee asks the Government to provide information on the evaluation methodology and criteria used to classify and rank different jobs and positions in the civil service and positions of state and municipal employees, indicating how it is ensured that the classification established does not result in an undervaluation of tasks and, as a consequence of jobs, traditionally performed by women. Please also provide a copy of the law on the remuneration of workers of state and municipal institutions and statistical data on the distribution of men and women in the civil service, by category, and their respective levels of remuneration, as well as any available statistics on state and municipal employees disaggregated by sex.

Enforcement. The Committee notes that there was a significant decrease in the number of complaints received by the labour inspectorate in 2008 (eight complaints) and 2009 (one complaint), and that none of the complaints received so far with respect to equal remuneration have been successful. The Committee would like to point out that the absence or the low number of complaints does not necessarily mean that there is no wage discrimination in practice, as such discrimination may be difficult to identify or prove, and the workers may not always be aware of their rights and the means of redress available under the legislation. The Committee asks the Government to take the necessary measures to promote public awareness of the legal provisions on equal remuneration and the procedures and remedies available where there has been a violation thereof, and to assist workers in such procedures. It also asks the Government:

• (i) to continue to provide information on any violations of the principle of equal remuneration for women and men for work of equal value detected by, or brought to the attention of, the labour inspection services, indicating the nature of the case, any penalties imposed and the remedies provided; and
• (ii) to provide information on the activities of the Equal Opportunities Ombudsperson which relate to the application of the Convention and on their outcomes.

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

Gender pay gap. In its previous comments, the Committee noted that the differential in men’s and women’s average gross hourly earnings had continued to increase from 13.2 per cent in 2002 to 17.1 per cent in 2006 and to 20 per cent in 2007 (Eurostat). The Committee notes from Eurostat that, despite another increase in 2008 (21.6 per cent), the gender pay gap significantly decreased in 2009 to 15.3 per cent. It notes however from the data provided by the Government that the labour market remains highly segregated between men and women, the latter being concentrated in health care and social work (84.6 per cent), accommodation and catering services (79.3 per cent) and education (78.6 per cent). The Committee further notes the various measures taken within the framework of the national Programme on Equal Opportunities for Women and Men (2005–09) and the extensive study carried out to assess its impact on the situation of men and women in all spheres of life, including on the labour market, where some positive developments were noted as regards the reduction of gender stereotypes and changes in traditional attitudes towards women in employment. The Committee notes with interest that one of the main objectives of the third National Programme on Equal Opportunities for Women and Men (2010–14) is the reduction of the gender remuneration gap, with a particular focus on analysing and addressing the causes of pay discrimination, such as horizontal and vertical occupational segregation on the labour market and vocational training counselling based on stereotypes, through a greater involvement of the social partners in gender equality issues in employment and occupation. Welcoming the efforts made by the Government to promote equal opportunities for men and women, the Committee asks the Government to provide information on the measures taken to further reduce the gender pay gap and implement the National Programme on Equal Opportunities for Women and Men (2010–14) with respect to equal remuneration for work of equal value. The Committee also asks the Government to continue to provide statistics on the distribution of men and women in the different sectors of the economy and their respective levels of earnings.

Articles 3 and 4 of the Convention. Objective job evaluation. Cooperation with workers’ and employers’ organizations. The Committee welcomes the Government’s indication that workshops were organized in 2006 and 2007, and were planned for 2009, to introduce the methodology for the appraisal of jobs and job positions to representatives of trade unions and financial and human resources managers of private enterprises, and notes that a survey on the implementation of this methodology may be carried out in the future. The Committee notes further that the Programme for Strengthening Social Dialogue (2007–11) includes the promotion of the conclusion of branch and enterprises collective agreements, which would include provisions on remuneration. The Committee asks the Government to continue to provide information on the measures taken to promote the use of the methodology for the appraisal of jobs and job positions among workers, employers and their organizations and on the implementation of such methodology by enterprises, including the outcomes of any surveys carried out in this respect. The Committee further asks the Government to provide information on any collective agreements concluded at the branch or enterprise levels containing provisions reflecting the principle of the Convention.

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

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Public sector. The Committee recalls the Government’s indication that the remuneration of workers in the public sector is determined on the basis of the complexity of work, responsibility, working conditions and workers’ qualifications and performance. The Committee notes from the Government’s report that a draft law on the remuneration of workers of state and municipal institutions is under consideration. Pursuant to this draft, remuneration rates will be established in accordance with the “nature of the work, the size of the institutions of specific economic branches and other criteria”. Recalling its 2006 general observation on the Convention, the Committee draws the Government’s attention to the importance of examining jobs on the basis of objective and non‑discriminatory criteria in order to avoid a gender-biased assessment of their value for the purpose of wage setting. In the absence of the information previously requested, the Committee again asks the Government to provide information on the methodology used to classify and rank different jobs and positions on the basis of the abovementioned criteria, indicating how it is ensured that this classification does not result in an undervaluation of jobs traditionally held by women. Please also provide information on any further developments concerning the status of the draft law on the remuneration of workers of state and municipal institutions and provide a copy once it has been adopted.

Enforcement. The Committee notes from the Government’s report that the labour inspectorate received 24 appeals and notifications concerning equal remuneration for men and women in 2007, and eight during the period from January to May 2008. The Committee also notes that there have not been any decisions of the Equal Opportunities Ombudsperson regarding cases of direct and indirect discrimination. The Committee asks the Government to continue to provide information concerning any violations of the principle of equal remuneration for women and men for work of equal value detected by, or brought to the attention of, the labour inspectorate services, indicating the nature of the case, any sanctions imposed and the remedies provided. The Committee also asks the Government to provide information on any investigations initiated by the Equal Opportunities Ombudsperson which relate to the application of the Convention and on their outcomes as well as information on any relevant decisions handed down by national courts. Please further indicate whether any measures have been adopted or are envisaged to promote public awareness of the legal provisions on equal remuneration and the procedures and remedies available where there has been a violation thereof.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

Assessment of the gender wage gap. In its previous comments, the Committee recalled the observations submitted by the trade union Lietuvos Darbo Federacija (LDF) concerning the continued existence of a gap between men’s and women’s remuneration in spite of the legislative provision for equal remuneration, and noted that since 2000 the gap had been widening in the private sector. The Committee notes from Eurostat that the differential in men’s and women’s average gross hourly earnings has continued to increase from 13.2 per cent in 2002 to 17.1 per cent in 2006 and 20 per cent in 2007. The Committee notes that the statistics provided by the Government confirm that this trend mainly concerns the private sector where the gender wage gap has steadily increased from 14.6 per cent in 2002 to 22.2 per cent in 2007. The Committee also notes that, although no further widening of the gap was registered in the public sector, the progress made in reducing the gender wage gap appears slow as the disparity between the remuneration received by men and women has remained around 18 per cent since 2005. The Committee further notes that in 2007 the widest gender wage gap existed in the financial mediation (42.6 per cent) and manufacturing (29.1 per cent) sectors. The Committee notes the Government’s indication that under the Programme on Equal Opportunities for Men and Women (2005–09), various workshops were organized with the aim of overcoming traditional stereotypes concerning women’s role in economic activities. A number of projects to this end were also carried out by scientific institutions and women’s organizations under European Union Structural Funds. The Committee therefore urges the Government:

(i)    to step up its efforts to reduce the gender wage gap, particularly in the private sector, and to provide full information on the measures taken in this regard and the impact thereof, including measures pursuant to the Programme for Equal Opportunities for Women and Men and the European Union Structural Funds;

(ii)   to analyse the underlying causes of the present differentials in women’s and men’s remuneration levels and to take measures to address them accordingly; and

(iii) to collect and submit statistical information on the distribution of women and men in the different sectors of economic activity, occupational categories and positions and to continue to provide statistical data on the levels of women’s and men’s earnings.

Articles 3 and 4 of the Convention. Objective job evaluation. Cooperation with workers’ and employers’ organizations. In its previous comments, the Committee noted with interest the adoption by the Tripartite Council of the “Methodology for the Assessment of Jobs and Positions” which was recommended for use by enterprises, institutions and organizations. It also noted that on 12 June 2005 trade unions and employers’ organizations signed a bilateral agreement on the application of the Methodology. The Committee notes the Government’s indication that in 2009–10 the practice of applying the Methodology will be reviewed. The Committee asks the Government to provide information on the outcome of the review of the application of the Methodology for the Assessment of Jobs and Positions and reiterates its request for information on how collective agreements have been used to promote objective job evaluation as a means to ensure that remuneration for women and men is determined in a non-discriminatory manner. Please also provide information on the number of undertakings applying the Methodology.

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

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

1. Public sector. The Committee notes the Government’s explanation concerning the manner in which remuneration is fixed in the public sector. It notes that the resolutions governing the remuneration for workers of organizations financed from the state and municipal budgets provide that remuneration depends on the complexity of work, responsibility, working conditions, as well as the workers’ qualifications and performance. The Committee asks the Government to provide further information on the methodology used to classify and rank the different jobs and positions based on these criteria.

2. Enforcement. The Committee notes from the Government’s report that the State Labour Inspectorate has not detected any infringements concerning equal opportunities for men and women during the reporting period. No indications are given as to whether the Equal Opportunities Ombudsmen or the courts have dealt with any cases concerning equal remuneration. The Committee asks the Government to provide information on the measures taken or envisaged to promote awareness and knowledge of the legal provisions on equal remuneration. In the absence of a reply on this matter, the Committee once again asks the Government to provide information on the activities carried out and the methods used by the State Labour Inspectorate to promote and ensure compliance with the principle of equal remuneration for men and women for work of equal value. Please state in the next report whether any administrative or judicial decisions have been issued concerning equal remuneration, indicating the facts and outcome of the cases.

Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

1. Assessment of the gender remuneration gap. The Committee recalls the observations dated 31 August 2004 from the trade union Lietuvos Darbo Federacija (LDF), which were forwarded to the Government on 25 October 2004. LDF states that, while the legislation provided for equal remuneration for men and women, a gap between the wages earned by men and women continued to exist. The Committee notes that, according to data published by Statistics Lithuania, between 2000 and 2003 the gender remuneration gap for average monthly gross earnings increased from 18.2 per cent to 19 per cent, while it decreased to 17.6 per cent in 2005. The gender remuneration gap in the public sector remains wider than in the private sector. For the public sector it increased from 23 per cent in 2000 to 25.2 per cent in 2002, and then decreased to 22.1 per cent in 2005. However, the Committee is concerned that since 2000 the gender remuneration gap in the private sector has increased, from 15.6 per cent in 2000 to 17.9 per cent in 2005. The Committee asks the Government to provide detailed information on the measures taken to address the existing gender remuneration gap and to assess and indicate to the Committee the causes of the widening of the gender remuneration gap in the private sector and the measures taken to reverse this negative trend. It also asks the Government to continue providing full statistical information concerning the earnings of men and women according to sector, economic activity, and occupation.

2. Articles 3 and 4 of the Convention. Objective job appraisals. Cooperation with workers’ and employers’ organizations. The Committee notes the Tripartite Council approved a “Methodology for the Assessment of Jobs and Positions” in 2005, recommending them for use by enterprises, institutions and organizations. As indicated by the Government, one of the objectives of the Methodology is to reduce differences between remuneration received by men and women. A bilateral agreement between trade unions and employers’ organizations on the application of the Methodology was signed on 13 June 2005. The agreement recommends that heads of undertakings and trade unions apply the Methodology in practice and provide for this in collective agreements. The Committee also notes that the Methodology was presented during a number of tripartite meetings and workshops and that it has been published as a brochure and on the Internet web site of the Council. In addition, the secretariat of the Tripartite Council agreed to hold, upon request, workshops and consultations on the application of the Methodology for workers’ and employers’ representatives. The Committee notes this tripartite initiative with interest and asks the Government to continue to provide information on the application in practice of the “Methodology for the Assessment of Jobs and Positions”, including information on how collective agreements have been used to promote objective job evaluation as a means to ensure that remuneration for men and women is determined in a non-discriminatory manner. The Committee also asks the Government to provide information as to the number of undertakings applying the Methodology and on the measures taken to monitor the impact of their use on the remuneration levels of men and women.

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

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes the observations from the trade union Lietuvos Darbo Federacija (LDF) dated 31 August 2004, which have been sent to the Government for comment. It will consider these observations together with the Government’s next report and any observation the Government may make in reply.

1. Articles 1 and 2 of the Convention. Application in law. The Committee notes that section 186(2) of the new Labour Code (Act. No. IX-926 of 4 June 2002) which entered into force on 1 January 2003 defines remuneration broadly, in accordance with Article 1(a) of the Convention, and that section 186(3) states that men and women shall receive "equal pay for equal or equivalent work". The Committee asks the Government to provide clarification as to whether the expression "equal pay for equal or equivalent work" is to be understood as "work of equal value", within the meaning of Article 1(b) of the Convention and as stated in section 5(4) of the Act on Equal Opportunities (No. VIII-947 of 1998, as amended, by Act No. IX-1433 of 3 April 2003).

2. Setting of wages. The Committee notes the Government’s statement that, under the terms of section 188(1) and (2) of the Labour Code, wages are determined in collective agreements and employment contracts, and that under section 4(4) any agreement less favourable than stated in the Labour Code is null and void. The Committee requests the Government to provide examples with its next report of collective agreements setting out the principle of equal remuneration for work of equal value.

3. Recalling its previous comment concerning remuneration in the public sector, the Committee reiterates its request to the Government to provide copies of resolution No. 1159 confirming the procedure for the allocation of additional pay for public servants and resolution No. 1158 implementing the system of remuneration for public servants. Finally, the Committee notes the Government’s statement that remuneration for workers in institutions and organizations financed by the state budget or municipal budgets is regulated in specially adopted resolutions. Please provide examples of such resolutions to enable the Committee to examine how the principle of equal remuneration for work of equal value is ensured for workers in institutions and organizations financed by the state or municipal budgets.

4. Basic concepts and application in practice. The Committee notes the Government’s statement that most of the complaints regarding alleged violations of the principle of equal remuneration lodged with the Office of Equal Opportunities Ombudsmen were groundless as in most cases men and women had different remuneration because they were not performing the same type of work. In this regard, the Committee is bound to point out that the principle of "equal value" covers situations where men and women in fact perform jobs that are different, but are of equal value. The Committee hopes that the bodies competent to deal with cases concerning pay discrimination take fully into account the principle of the Convention which requires that comparisons of jobs performed by men and women are based on the value of the work performed. The Government is asked to continue to provide information on judicial and administrative decisions applying the Convention.

5. Article 3. Objective job appraisals. The Committee notes that section 188(3) of the new Labour Code provides that work classification systems must be developed in such a way as to avoid discrimination on the ground of sex. In this respect, the Committee notes the Government’s statement that a standard methodology for objective job appraisals is currently being prepared and that the methodology was to be presented in a seminar in November 2004. The Committee requests the Government to provide information on the outcome of this initiative and how the methodology for the objective appraisal of jobs is applied in practice in order to ensure observance of the principle of equal remuneration for work of equal value.

6. Article 4. Cooperation with workers’ and employers’ organizations. The Committee notes the Tripartite Cooperation Agreement between the Government, trade unions and employers’ organizations signed on 29 May 2002, and that the Government approved by resolution No. 67 on 21 January 2003 a "social partnership development programme". The Committee requests the Government to provide a copy of this development programme and to indicate how this initiative promotes cooperation with these organizations for giving effect to the principle of equal remuneration for work of equal value.

7. Part III of the report form. Labour inspection. The Committee notes that, under section 32 of the new Labour Code, the application of the Convention is ensured by the state labour inspectorate and other institutions. The Committee notes that in 2003, a total of 10,377 inspections were carried out and 3,505 irregularities were observed, though none of them concerned the principle of equal remuneration for work of equal value. The Committee asks the Government to continue providing information in future reports on the activities carried out and the methods used by the state labour inspectorate to promote and ensure compliance with the principle of equal remuneration for men and women workers for work of equal value. Please also indicate whether labour inspectors received training on the equal remuneration principle.

8. Part V of the report form. Statistical information. The Committee notes from the statistical information provided by the Government that the average wage received in the private sector by women in 2003 was 19 per cent lower than the average wage for men, and that in 2004 women earned 19.4 per cent less than men. In 2003, women earned on average 32.8 per cent less in the public sector than men, while the gender pay gap in that sector increased to 33.7 per cent in 2004. The Committee notes the Government’s statement that the gender wage gap has its roots in many factors, including the employment structure, the distribution of men and women workers by types of economic activity and employment category, the composition of occupations and the level of qualifications. The Committee notes the Government’s statement that in August 2004 the Department of Statistics was to publish statistical information disaggregated by sex, occupations, level of education, age and work record and asks the Government to provide a copy of these statistics with its next report. Please continue to provide information on any measures taken to address the causes of the gender pay gap.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the information contained in the Government’s report, including the statistical data and attached documents.

1. The Committee notes the statistical data indicating, by sector, the average monthly salaries of men and women. At the end of 2001 women’s average salaries were 23 per cent less than men’s, as compared to an overall 20 per cent wage disparity in 1999. The wage gap in the public sector is still wider at 30.3 per cent, roughly the same as it was in 1999. The Committee notes from the report that in some sectors of the public service, such as forestry and wood processing, women average slightly higher salaries than men. However, in some areas of the private sector the wage gap between men and women is significantly greater than the overall disparity, as in the field of financial mediation where women’s average salaries were 67.4 per cent less than men’s. The Committee asks the Government to indicate the measures taken or contemplated to promote equal remuneration for men and women for work of equal value in the private sector, particularly in those areas where the wage disparity between men and women is greater than the national average. The Government indicates, as it did in its previous report, that the wage gap in the public sector is largely due to the fact that men occupy higher posts and perform work requiring higher qualifications. The Committee notes, however, that the Government’s report contains no information to its previous request for information on the distribution of men and women in the various sectors and at the different levels of the public service, together with the average monthly earnings in each sector. It therefore repeats its request for the abovementioned data and asks the Government to indicate the measures taken or envisaged to promote women’s access to higher ranking and better paid positions in the public service.

2. The Committee notes with interest the Government’s project "More Women in Policy" in Lithuania, the objectives of which include boosting the number of women in positions of decision-making authority, increasing the political competence and abilities of new female candidates for public office, and promoting the public perception of gender equality in the field of decision-making. Noting that this project is scheduled to commence in 2002-03, the Committee asks the Government to provide further information on the manner of its implementation, including copies of any publications and educational materials to be produced under its auspices.

3. In April 2002, the Seimas adopted a new version of the Law on Public Service which, like the Law on Civil Service, provides that the remuneration of a civil servant shall consist of a basic salary, bonuses and additional pay. Additionally, two laws implementing the new system of remuneration for public servants were adopted in September 2001: resolution No. 1159 on confirmation of the procedure of allocation of additional pay for public servants and resolution No. 1158 on implementation of the system of remuneration of public servants. The Committee notes the abovementioned legislation and requests the Government to supply copies of the resolutions. Further, the Committee notes that a new Labour Code containing a general definition of remuneration that is to be applied for employees in the private and public sectors is currently in the process of adoption. In this connection, the Committee expresses the hope that the new Labour Code will contain a definition of remuneration as broad as that expressed in Article 1(a) of the Convention to ensure the application of the principle of the Convention to all components of the remuneration received by a worker. It trusts that the Government will supply a copy of the new Labour Code upon its adoption.

4. The Committee notes the Government’s statement that no uniform methodology is applied to the evaluation of jobs, the classification of posts and the determination of wage scales in collective agreements; said activities are conducted through negotiations between the social partners. In this regard, the Committee asks the Government to indicate the measures taken or contemplated to promote the objective appraisal of jobs in the private sector. The Committee additionally notes that the Government’s report contains no reply to its previous request for information on the measures taken to ensure that discriminatory clauses are in fact not included in or are deleted from collective agreements, and requests the Government to include this information in its next report.

5. The Committee notes the attached excerpts from the report of the equal opportunities of men and women controller’s service for the period 2001-02 and the summary of an equal remuneration complaint processed by the controller’s service contained in the Government’s report. It would be grateful if the Government would continue to provide information regarding complaints of pay discrimination filed with the Service of the Controller of Equal Opportunities of Men and Women. The Committee notes that the Labour Inspectorate checked 15,941 companies in 2001, compared with 188 enterprises in 2000. One violation of the requirement of equal remuneration was discovered and duly remedied in 2001. The Committee requests the Government to continue to provide statistical data on the activities of the Labour Inspectorate to implement the Convention, including the number of inspections conducted, the number of violations discovered and the actions taken to remedy said violations.

6. The Committee notes that in 2002 a new agreement over tripartite cooperation was signed by the Government, trade unions and employers’ organizations. The agreement provides for the evaluation of the adherence to labour regulations at the Tripartite Council and the submission of proposals to improve the labour laws and their implementation. The Committee requests the Government to supply a copy of the tripartite cooperation agreement and provide information on any collaborative efforts, taken in furtherance of the terms of the agreement or otherwise, to promote the application of the principle of the Convention.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes the information contained in the Government’s report, including the statistical data and attached legislation.

1.  The Committee notes with interest the statistical data supplied by the Government which show a narrowing of the wage gap between men and women since April 1998. The Government indicates that in April 1999, women in private sector employment earned on average 20 per cent less than men (compared to an overall 30 per cent wage disparity in 1998). As in 1997, the wage gap is still wider in the civil service, where women’s average monthly earnings were 30 per cent less than men’s (compared to a 40 per cent difference in 1998). The Government states that women receive less pay in the public sector because men occupy higher positions, and perform work which requires higher qualifications. The Committee notes from the report that wage parity between men and women in the public service varies by sector and that in some sectors, such as trade, secondary education and social work, women’s average wages are higher than men’s. In light of the statistical information provided, the Committee asks the Government to supply information on the distribution of men and women in the various sectors and at the different levels of the public service, indicating the average monthly earnings in each sector. Noting the Government’s statements attributing the wage gap at least in part to the fact that the senior positions in Lithuania are still predominately occupied by men, the Committee also asks the Government to supply information on the measures taken or envisaged to promote women’s access to higher ranking and better-paid positions in the public service.

2.  The Committee notes the adoption of the Act on Equal Opportunities and thanks the Government for supplying a copy of the legislative text. It notes that, while the Act expresses the principle of equal remuneration for men and women for work of equal value, the Act does not define the concept of remuneration. The Committee notes the Government’s indication that the amendments to the Civil Service Act currently being considered by the Seimas provide that the remuneration of a civil servant shall consist of the official salary, a bonus for the years of pay and other extra pay. Noting that the new remuneration scheme is expected to come into force in 2001, the Committee expresses the hope that the amendments will be in conformity with the broad definition of remuneration expressed in Article 1(a) of the Convention. It would be grateful if the Government would keep it informed of developments in this respect and supply a copy of the legislative text of the amendments to the Act once they are adopted. The Committee also asks the Government to indicate the manner in which the broad definition of remuneration contained in Article 1 of the Convention is applied to private sector workers to ensure application of the principle of the Convention with regard to all components of the remuneration received by the worker.

3.  The Committee notes from the report that the Act on Collective Agreements and Contracts establishes that collective contracts, which provide workers with less favourable terms and conditions of employment than those stipulated by Lithuanian law, shall be null and void. It also notes the Government’s statement that, reading the Act on Collective Agreements and Contracts in conjunction with the equality provisions in the Act on Equal Opportunities, the conclusion can be drawn that collective agreements may not contain discriminatory clauses on the basis of gender. Please indicate the measures taken or envisaged to ensure that discriminatory clauses are in fact not included in or are deleted from collective agreements. While noting the Government’s indication that it does not intervene in regulating collective agreements and cannot therefore supply samples of such agreements, the Committee nevertheless repeats its request that the Government supply information on the methodology used by the social partners to evaluate and compare jobs, classify posts and determine wage scales in collective agreements.

4.  The Government indicates that the Labour Inspectorate has not registered any equal pay violations and that no cases of gender-based wage discrimination have been addressed by the Lithuanian courts. The Committee notes from the report that the Office of the Equal Opportunities Ombudsman received two complaints alleging pay discrimination, one of which was found to have merit and the second of which is still under investigation. The Committee would be grateful if the Government would continue to provide information regarding complaints of pay discrimination filed with the Equal Opportunities Ombudsman, as well as the measures taken by the Labour Inspectorate to implement the provisions of the Convention, including the number of inspections conducted, the number of violations found, the action taken and the outcomes. Please also continue to supply information in future reports on any administrative or judicial decisions relevant to the application of the Convention.

5.  The Committee notes the Government’s statement that amendments to the Civil Service Act of 8 July 1999 (which suspended Act No. I-1581 of 9 October 1996 on the Basic Principles of Wage Payment for Leaders of State and the Government, Members of Parliament, Employees of State Institutions and Organizations and of Self-Governing Institutions and Organizations) to establish the new scheme for remuneration of civil servants are currently being considered by the Seimas. The Government further states that the draft Act on remuneration of state politicians, judges and officials who do not fall within the category of civil servant is also under consideration. The Committee would appreciate receiving information on the amendments and the draft Act mentioned above, as soon as they are adopted, as well as information on the application of the new system of evaluation, classification of posts and establishment of wage scales.

6.  The Committee asks the Government to continue to provide information in future reports on tripartite consultation and on any other collaborative efforts undertaken to promote the application of the principle of the Convention.

Observation (CEACR) - adopted 2000, published 89th ILC session (2001)

1.  The Committee notes the adoption on 1 December 1998 of the Act on Equal Opportunities, which entered into force on 1 March 1999. The Committee notes with satisfaction that section 5(4) of the Act expresses the principle of the Convention, establishing that, when implementing equal rights for women and men at the workplace, employers must provide equal remuneration for work of equal value. The Committee further notes that section 6(1) of the Act establishes a presumption of discrimination on the part of the employer if, because of the person’s sex, the employer applies to an employee less (more) favourable terms of employment or payment for work.

2.  Section 10 of the Act on Equal Opportunities establishes the Office of the Equal Opportunities Ombudsman and charges the Ombudsman with the implementation of the Act. The Committee notes that any person shall have the right to file a complaint with the Equal Opportunities Ombudsman concerning the violation of equal rights (section 18(1) of the Act). The Committee notes that the Ombudsman is required to submit an annual report to the Seimas concerning the implementation of the Act and the activities of the Office of the Equal Opportunities Ombudsman, as well as to submit recommendations to state government and national administration institutions on the revision of legal acts and the policy priorities for the implementation of equal rights (sections 12(2) and 27 of the Act). The Committee would be grateful if the Government would supply a copy of the Ombudsman’s report, as well as information on the number of equal pay complaints filed with the Ombudsman during the reporting period, the action taken and the outcome.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

1. The Committee notes the information provided in the Government's report and the attached statistical data on the average salary of men and women that show, as of October 1997, a considerable wage gap between men and women. This gap is wider in the public sector (with female professional workers earning 63 per cent of male professional workers, and female non-professional workers earning 64 per cent of their male counterparts) than in the private sector with corresponding figures of 66 per cent and 80 per cent, respectively. The Committee also notes that private sector earnings of professional women workers in certain areas, such as social work, and of non-professional women workers in railway transport and financial institutions are even less than 50 per cent of those of men. The Committee requests the Government to provide information on any measures taken or envisaged to decrease the wage gap between men and women, particularly in the public service. Noting the Government's statement in its report that the wage gap is influenced by the fact that men comprise the majority of management employees and perform more complex work that requires higher skills and qualifications, the Committee also requests the Government to supply information on any studies or surveys undertaken which have revealed more explicitly all the factors accounting for the wage gap and for the fewer numbers of women in management posts. It also requests the Government to indicate what measures have been taken to promote women in management and to higher skill positions.

2. In its previous direct request, the Committee noted various constitutional and legal provisions calling for equality or non-discrimination on a number of grounds, including sex, but it also drew the Government's attention to the fact that none of the provisions gives legal expression to the principle of equal remuneration between men and women for work of equal value. While the Government's report does not contain any further particulars in relation to this comment, the Committee notes that a draft Act of the Republic of Lithuania on Men's and Women's Equal Opportunities, containing provisions on equal rights of men and women, is currently being prepared and will be discussed with representatives of workers' and employers' organisations in the Tripartite Council. The Committee hopes that the provisions of this new Act will be in accordance with Article 1 of the Convention, and it would be grateful if the Government would keep it informed of the progress made in this regard. Please supply a copy of the new law upon its adoption.

3. Also with regard to Article 1, paragraph (a) of the Convention, the Committee wishes to return to its previous comment in which it had noted that no provisions of the Employment Compensation Act or any other legislation appear to be designed to ensure equal remuneration for men and women workers in respect of all components of the wage package. The Committee, therefore, again requests the Government to indicate the measures taken to ensure that the principle of the Convention is applied in respect of all emoluments whatsoever, payable directly or indirectly, by the employer to the worker.

4. Further to its previous comments in relation to the application of Article 2 of the Convention, the Committee had noted the provisions of the Collective Agreements Act, 1991, in particular section 6 on the determination of the wage package. The Committee notes the Government's statement that collective agreements need to be in conformity with the law and that the Government does not interfere in regulating collective agreements. Nevertheless, the Committee requests information on the methodology used by the social partners to evaluate and compare jobs, and thus classify posts and determine wage scales in collective agreements. Please attach copies of collective agreements in the next report.

5. With regard to the responsibility of the State Labour Inspectorate for supervising the implementation of the Convention, the Committee hopes that the Government will undertake the necessary efforts to provide, in its next report, more detailed information on the measures taken, including information on the number of violations reported and the penalties imposed. The Committee also encourages the Government to provide in future reports information on any decisions of courts or tribunals pertinent to the application of the Convention.

6. The Committee observes from the Government's report that the Government has suspended Act No. I-1581 of 9 October 1996 on the Basic Principles of Wage Payment for Leaders of State and the Government, Members of the Parliament, Employees of State Institutions and Organizations and of Self-Governing Institutions and Organizations, and approved a new draft Act on Remuneration for Work in the Service to the State that incorporates the provisions of Act No. I-1581. The Committee understands that this draft Act on Remuneration for Work in the Service of the State has been adopted, but requests the Government to confirm its adoption and to supply a copy of the Act. Considering the fact that Act No. I-1581 laid down a complete system of evaluation, classification and remuneration and that, according to the Government's report, all provisions of Act No. I-1581 have been transferred into the text of the new Act, the Committee wishes to repeat its previous request in relation to this new law and asks the Government to provide information on its application and on subsequent action taken to evaluate and classify the posts in question, including information on the criteria and methodology used to evaluate and compare different posts. Please also provide copies of the wage scales determined under the new Act together with, if possible, an indication of the percentage of men and women employed at different levels of these classifications.

7. The Committee hopes that the Government will continue to provide information on tripartite consultation and on any other action taken in cooperation with employers' and workers' organizations to ensure and promote the application to all workers of the principle of the Convention. Such action may include, for example, publicising in the workplace the commitment to equal pay for work of equal value, promoting an examination of job grades and job titles used in collective agreements and providing guidance and training in developing non-discriminatory evaluation schemes that take adequate account of factors more likely to be present in female jobs, factors which are often not identified and evaluated in traditional job evaluation schemes.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

1. The Committee notes the information provided by the Government in its first report. It also notes the text of the Action Plan for the Advancement of Women, approved by Resolution No. 1299 of 8 November 1996, which was submitted to the United Nations Division for the Advancement of Women.

2. Article 1 of the Convention. The Committee notes that the texts referred to by the Government to apply the principle of the Convention, including the 1992 Constitution, the Employment Compensation Act, 1991, and the Employment Contracts Act, 1991, call for equality or non-discrimination on a number of grounds, including sex, but do not provide specifically for equal remuneration between men and women for work of equal value. The Committee requests the Government to indicate whether there is an intention to give legislative expression to the principle of the Convention, perhaps in the context of measures to ensure a legal guarantee for gender equality, which is an objective of the national Action Plan for the Advancement of Women.

3. While noting that the Employment Compensation Act refers, in section 3, to the need for collective agreements to establish the "fixed hourly wage rates, monthly salaries (and) other forms and conditions of payment", the Committee observes that no provisions of that Act nor of any other legislation appear designed to ensure equal remuneration for men and women workers in respect of all components of the wage package, as is provided for under Article 1, paragraph (a), of the Convention. Please indicate the measures taken to ensure that the principle of equal remuneration for men and women workers is applied in respect of all emoluments whatsoever, payable directly or indirectly, by the employer to the worker.

4. Article 2. The Committee notes that the Collective Agreements Act, 1991, provides that collective agreements must be concluded in enterprises, institutions and organizations (or for branch enterprises), in which employment contracts are concluded with employees, regardless of the number of employees. Noting that, according to section 6 of that Act, collective agreements shall specify, inter alia, the "rate-qualification remuneration", wages, additional payments, and other elements pertinent to the wage package, the Committee requests the Government to indicate the methodology used to evaluate and compare jobs, and thus to classify posts and determine wage scales in collective agreements. Please provide some examples of collective agreements which specify wage rates in the manufacturing sector, together with an indication, if possible, of the percentage of men and women covered by these agreements, and employed in different categories and grades.

5. The Committee notes that the State Labour Inspectorate is responsible for supervising the implementation of the principle of the Convention. Please provide more detailed information on the measures taken, including information on the number of violations reported and the penalties imposed. Please also supply information in future reports on any decisions of courts or tribunals pertinent to the application of the Convention.

6. The Committee notes that the Act on the Basic Principles of Employment Compensation for Leaders of the State and the Government, Members of Parliament and Employees of State Institutions and Organizations (Act No. I-1581 of 6 October 1996), which is due to come into force in 1998, lays down a complete system of evaluation, classification and remuneration. According to the report, this legislation will ensure a more effective evaluation and compensation of the posts financed from the state budget, including those in the areas of education, culture, health protection and social security, where women comprise the majority of employees. The Committee requests the Government to provide detailed information on the application of the Act and, in particular, on the subsequent action taken to evaluate and classify the posts in question, including information on the criteria used to evaluate and compare different posts. Please also supply copies of the wage scales determined under the Act, together with, if possible, an indication of the percentage of men and women employed at different levels of these classifications.

7. Article 3. Please provide any available statistical data concerning the wage gap between men and women. In this respect, the Committee notes that women's average salaries are lower than men's in a majority of economic branches which, according to the report, is explained by the fact that men hold more posts in management, and have higher qualifications and more challenging jobs. As the national Action Plan for the Advancement of Women states that women earn about 1.4 times less than men (or about 30 per cent less), the Committee requests the Government to indicate whether any studies or surveys have revealed more explicitly all of the factors accounting for the wage gap.

8. Article 4. The Committee notes that adherence to collective agreements is overseen by the representatives of the parties to the agreement. The Committee requests the Government to indicate whether action is taken in cooperation with the employers' and workers' organizations to ensure and promote the application to all workers of the principle of the Convention. Such action might include, for example, publicising in the workplace the commitment to equal pay for work of equal value, promoting an examination of the job grades and job titles used in a collective agreement with a view to assessing whether, if one gender predominates under a particular title, there might be a need to determine that the job titles reflect some gender-bias and providing guidance and training on developing non-discriminatory evaluation schemes that take adequate account of the factors more likely to be present in female jobs, which are often not identified and not valued in traditional schemes.