Equal Remuneration Convention, 1951 (No. 100) - Kazakhstan (Ratification: 2001)

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

Kazakhstan (ratification: 2001)

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

The Committee notes the observations of the International Trade Union Confederation (ITUC) received on 30 September 2020 on pay discrimination between men and women for work of equal value. The Committee requests the Government to provide its comments in this respect.

Article 1(a) of the Convention. Definition of remuneration.  In its previous comment, the Committee asked the Government to clarify whether the term “payment” referred to in section 22(5) of the Labour Code is defined sufficiently broadly to cover all the elements of remuneration, in accordance with Article 1(a) of the Convention. In its report, the Government indicates that: (1) section 1(20) of the Labour Code defines “payment of labour” as the system of relations connected with the employer making the mandatory payment to a worker of compensation for his or her labour, in compliance with the Labour Code and other legislation, agreements, employment contracts, collective agreements and the employer’s internal regulations; (2) section 113 indicates that remuneration is set and paid in cash in the national currency at least once a month; and (3) section 1(37) defines “remuneration” as compensation for labour as a function of the worker’s qualifications and the difficulty, quantity, quality and conditions of the work performed, and indicates that it also includes compensatory and incentive payments. The Committee observes that it is still not clear from the Government’s reply what is encompassed by the term “payment” in section 22(5) of the Labour Code 2015 currently in force. The Committee recalls that the broad definition of “remuneration” set out Article 1(a) of the Convention captures all elements that a worker may receive for his or her work, including payments in cash as well as in kind, and payments made directly or indirectly by the employer to the worker which arise out of the worker’s employment, such as overtime payments, commissions, pay supplements and allowances as a result of specific working conditions, allowances for accommodation or for travel between home and work, holiday pay, shares in the capital of the enterprise, etc. The Committee therefore reiterates its request to the Government to clarify whether the term “payment” in the Labour Code 2015 also includes, in addition to the ordinary, basic or minimum wage or salary, all additional emoluments whatsoever payable to the worker out of his or her employment, directly or indirectly, whether in cash or kind, as required for the full implementation of the Convention.

Article 2. Minimum wages.  The Committee previously requested the Government to: (1) indicate how “ordinary and unskilled work” is defined; (2) provide information on the types of jobs or sectors covered by the minimum wage; and (3) continue to provide information on any developments, with respect to the coverage and rates of minimum wages. The Committee notes the Government’s indication that unskilled workers are defined as workers who are not required to have an education and perform simple and mechanical jobs, and that the minimum level of remuneration is the same across Kazakhstan, irrespective of sex, place of residence, etc. The Committee requests the Government to provide information on: (i) the types of jobs or sectors covered by the minimum wage and any developments with respect to the coverage and rates of minimum wages; and (ii) the role of social partners in the minimum wage-setting process. 

Article 3. Objective job evaluation.  In its previous comment, the Committee asked the Government to specifically indicate: (1) how it is ensured that the selection of factors for comparison, the weighting of such factors and the actual comparison carried out are not discriminatory, either directly or indirectly; and (2) the measures taken in practice to encourage the use of objective evaluation methods and procedures in both the private and public sectors. It also requested information on any job evaluation exercises undertaken, and their outcome. The Committee notes the Government’s indication that, under section 103 of the Labour Code, a worker’s monthly remuneration is set differently depending on the worker’s qualifications, the difficulty, quality and quantity of the work performed, and working conditions, and that there is no limit on the maximum level of monthly remuneration. In addition, the Committee notes that the Government recalls that remuneration for the same post with the same characteristics in terms of qualifications, geographical location and working conditions is identical and that these remuneration factors are therefore not discriminatory, directly or indirectly. The Committee wishes to recall in that regard that, whatever methods are used for the objective evaluation of jobs, particular care must be taken to ensure that they are free from gender bias, as often in practice skills considered to be “female”, such as manual dexterity and those required in the caring professions, are undervalued or even overlooked, in comparison with traditionally “male” skills, such as heavy lifting (General Survey on Fundamental Conventions, 2012, para. 701). Noting that the information provided does not indicate how the Government is encouraging the use of objective evaluation methods to ensure gender equality in the determination of remuneration, the Committee once again asks the Government to indicate the measures taken to encourage the use of objective job evaluation methods and procedures free from gender bias, in both the public and private sectors.

Articles 2 and 4. Collective bargaining. Cooperation with employers’ and workers’ organizations.  The Committee previously once again asked the Government to provide: (1) summaries of any collective agreements expressly providing for equal remuneration for men and women for work of equal value; and (2) information on specific measures taken in cooperation with employers’ and workers’ organizations with a view to giving effect to the principle of the Convention. In its reply, the Government merely refers the Committee to section 157 of the Labour Code, which provides that collective agreements shall contain provisions on the fixing of remuneration, pay systems, the basic wage and salary rates, and emoluments for workers, including for those who perform heavy manual work or work in unhealthy and/or unsafe working conditions; in other words, a collective agreement must set out a pay system which includes equal pay for men and women. The Committee reiterates therefore its request to the Government to: (i) communicate copies of extracts from collective agreements explicitly providing for equal remuneration for men and women for work of equal value; and (ii) provide information on the specific measures taken in cooperation with employers’ and workers’ organizations to give effect to the principle of equal remuneration for men and women for work of equal value, such as joint training or awareness-raising activities.

Enforcement. The Committee previously asked the Government to provide information on: (1) the nature and number of violations of the legislation related to the principle of equal remuneration for work of equal value identified by or brought to the attention of labour inspectors; (2) the remedies provided and penalties imposed; and (3) examples of the practical application of sections 6 and 22(15) of the Labour Code, including any relevant administrative and judicial decisions applying the principle of the Convention. The Committee notes the Government’s indication that the Ministry of Labour and Social Protection has worked with the Office of the Prosecutor General and carried out inspections of enterprises employng more than 30 foreign workers in 2019. Inspections in 95 enterprises revealed 1,000 infringements of labour and migration legislation, including 479 cases of pay inequalities in 27 enterprises between foreign and local workers. The Ministry has carried out an analysis with a view to improving the legislative and regulatory framework to prevent any future breaches. In this regard, the Committee wishes to recall that although the Convention applies to all workers, it specifically addresses equal remuneration for men and women. The Committee therefore reiterates its request to the Government to provide information on: (i) the nature and number of violations of the legislation related to the principle of equal remuneration for men and women for work of equal value detected by or brought to the attention of labour inspectors; (ii) the remedies provided and penalties imposed; and (iii) any judicial or administrative decisions concerning the principle of the Convention, in particular on the practical application of sections 6 and 22(15) of the Labour Code.

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

Articles 1 and 2. Gender pay gap. The Committee previously asked the Government to provide detailed information on the measures taken or envisaged in order to: (1) reduce the significant gender pay gap; and (2) improve the access of women to a wider range of job opportunities including into higher-level and higher-paid occupations, as well as in sectors in which they are currently absent or under-represented, with a view to reducing inequalities in remuneration that exist between men and women in the labour market. The Committee further asked the Government to provide detailed and up-to-date comparable statistics on earnings of women and men, including sex-disaggregated data by industry and occupational category. The Committee notes the information according to which in 2019: (1) a worker’s nominal average monthly remuneration was 186,800 tenge (KZT); (2) for men, the figure was KZT222,500 while for women it amounted to KZT150,800 – that is to, women’s remuneration was 67.7 per cent of men’s; and (3) where the work has the same characteristics in terms of qualifications and place of work, men and women’s remuneration is the same. The Committee also notes the numerous statistical information provided by type of economic activity concerning, amongst other thing: the number of employees, their wage, the index of average monthly wages and real wages, the number of employees and their wages by region, the average monthly salary and real wage index by regions, the average monthly salary and number of employees in the industry by type of economic activity, etc. Finally, the Committee notes that the United Nations Committee on the Elimination of Discrimination against Women (CEDAW), in its 2019 concluding observations, expressed concern that the significant gender pay gap (34 per cent) and the horizontal and vertical segregation in the labour market impede the full achievement of equality at work (doc. CEDAW/C/KAZ/CO/5, 12 November 2019 paragraph 37(b)). The Committee notes the detailed information provided by the Government, all pointing to the fact that the gender pay gap in the country is still significant. The Committee reiterates therefore its request to the Government for detailed information on the concrete measures taken to improve the access of women to a wider range of job opportunities including into higher-level and higher-paid occupations, as well as in sectors in which they are currently absent or under-represented, in particular in industrial sectors where wages are higher than the national average, such as oil and gas, mining and processing, transport and construction, etc.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Article 1(a) of the Convention. Definition of remuneration. The Committee notes that the term “payment” is not defined under section 22(5) of the Labour Code. It recalls that for the purpose of securing equal remuneration for men and women, the Convention gives a broad definition of remuneration, which includes not only “the ordinary, basic or minimum wage or salary”, but also “any additional emoluments whatsoever, payable directly or indirectly, whether in cash or in kind” (Article 1(a)). The Committee asks the Government to clarify whether the term “payment” referred to in section 22(5) of the Labour Code is defined broadly and covers all elements of remuneration, in accordance, with Article 1(a) of the Convention.

Article 2. Minimum wages. With regard to whether any groups of workers or sectors are excluded from the coverage of the minimum wage, the Committee notes that the Government reiterates in its report that the monthly minimum wage is determined for simple and unskilled work not requiring a specified level of qualification and that no one can be paid lower than the statutory minimum wage. The minimum wage is the same for all workers, without exception, regardless of sex. The Committee requests the Government to indicate how “simple and unskilled work” is defined and to provide information on the type of jobs or sectors covered by the minimum wage. It also asks the Government to continue to provide information on developments, with respect, to the coverage and rates of minimum wages.

Article 3. Objective job evaluation. In its previous comments, the Committee asked the Government to provide information on job evaluation methods used to compare different jobs, and to indicate how it is ensured that the selection of factors for comparison, the weighting of such factors and the actual comparison carried out are not discriminatory, either directly or indirectly. The Committee notes that, according to section 3(1) of the Labour Code of 2015, “the worker’s wage amount shall vary depending on the worker’s skills as well as complexity, amount and quality of the work performed, and working conditions”. The Committee recalls that whatever methods are used for the objective evaluation of jobs, particular care must be taken to ensure that they are free from gender bias. It further emphasizes that it is important to ensure that the selection of factors for comparison, the weighting of such factors and the actual comparison carried out are not discriminatory, either directly or indirectly. Often skills considered to be “female”, such as manual dexterity and those required in the caring professions, are undervalued or even overlooked, in comparison with traditionally “male” skills, such as heavy lifting (see 2012 General Survey on the fundamental Conventions, paragraph 701). The Committee asks the Government to specifically indicate how it is ensured that the selection of factors for comparison, the weighting of such factors and the actual comparison carried out are not discriminatory, either directly or indirectly. It further asks the Government to indicate the measures taken in practice to encourage the use of such methods and procedures in both the private and public sectors and to provide information on any job evaluation exercises which were undertaken, and the outcome thereof.

Articles 2 and 4. Collective bargaining. Cooperation with employers’ and workers’ organizations. The Committee notes that the Government merely reiterates that labour relations may be regulated by collective agreements. The Committee, once again, asks the Government to provide summaries of any collective agreements expressly providing for equal remuneration for men and women for work of equal value. It also requests the Government to provide information on specific measures taken in cooperation with employers’ and workers’ organizations with a view to giving effect to the principle of equal remuneration for men and women for work of equal value.

Enforcement. In its previous comments, the Committee requested the Government to provide information on the measures taken by the competent authorities to ensure the effective monitoring and enforcement of the provisions of the Labour Code concerning remuneration, and on any complaints of such violations addressed by the courts, labour inspectors, or other authorities, and the results thereof. The Committee notes that the Government refers to the new Code of Administrative Offences of 1 January 2015, which provides that if an employer allows labour discrimination that constitutes a violation of a worker’s right to equal pay for work of equal value, the responsible officials incur a fine of a set amount of monthly notional units. The Committee asks the Government to provide information concerning the nature and number of violations of the legislation related to the principle of equal remuneration for work of equal value detected by or brought to the attention of labour inspectors, the remedies provided and penalties imposed, as well as any judicial or administrative decisions concerning the principle of the Convention.

Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

Article 1(a) and (b) of the Convention. Equal remuneration for work of equal value. Legislation. The Committee has been referring for many years to the need to amend the Labour Code to give full legislative effect to the principle of equal remuneration for men and women for work of equal value. The Committee notes with satisfaction that the new Labour Code of 30 November 2015 provides that the employee shall have the right to “equal payment for work of equal value without any discrimination” (section 22(15)), and that section 6 prohibits discrimination based on, among other grounds, sex. The Committee requests the Government to provide examples of the practical application of these provisions including any relevant administrative and judicial provisions applying the principle of the Convention.

Articles 1 and 2. Gender pay gap. The Committee notes the Government’s indication in its report that nominal average monthly wages were 144,200 Kazakhstan tenge (KZT) for men and KZT96,500 for women in 2014, showing a significant gender wage gap of 37 per cent. The Government further indicates that the gender pay gap is explained by the high concentration of women in sectors like education, health care and social welfare, where wages are lower than in industry; and that men mostly work in industrial sectors (oil and gas, mining and processing), transport and construction, where working conditions are generally difficult or hazardous, wages are higher than the national average and the use of women’s labour is often prohibited because it is difficult and dangerous. In this regard, the Committee notes that section 105(1) of the Labour Code provides that “workers at jobs with hard and/or hazardous working conditions shall be entitled to a higher remuneration as compared to those having normal working conditions …”. In this regard, the Committee refers to its comments under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), concerning jobs with hard or hazardous working conditions for which it is prohibited to engage women. The Committee also refers to its comments under Convention No. 111 relating to occupational gender segregation in the labour market and the prevailing stereotypes regarding the roles and responsibilities of women in the family and in society as caregivers. The Committee recalls that occupational gender segregation with women clustered in lower paying jobs or occupations or positions without career opportunities has been identified as one of the underlying causes of the gender pay gap. Historical attitudes towards the role of women in society along with stereotypical assumptions regarding women’s aspirations, preferences and “suitability” for certain jobs have contributed to such occupational segregation in the labour market, and an undervaluation of so-called “female jobs” in comparison with jobs performed by men (see 2012 General Survey on the fundamental Conventions, paragraphs 697 and 712). The Committee asks the Government to provide detailed information on the measures taken or envisaged in order to reduce the significant gender wage gap. Noting the Government’s indication that wage inequalities may arise due to the segregation of men and women into certain sectors and occupations, the Committee asks the Government to provide information on the measures taken or envisaged to improve the access of women to a wider range of job opportunities including into higher-level and higher-paid occupations, as well as in sectors in which they are currently absent or under-represented, with a view to reducing inequalities in remuneration that exist between men and women in the labour market. The Committee further asks the Government to provide detailed and up-to-date comparable statistics on earnings of women and men, including sex-disaggregated data by industry and occupational category.

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

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

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

Repetition

Article 2 of the Convention. Minimum wages. The Committee notes that the Government indicates that the establishment of the minimum wage constitutes one of the Government’s most significant steps towards regulating remuneration. The Government indicates that the monthly minimum wage is determined for simple and unskilled work not requiring a specified level of qualifications, and no one can be paid lower than the statutory minimum wage. The Committee welcomes the adoption of the national minimum wage, and recalls that this is an important means by which the Convention is applied. As women predominate in low-wage employment, and a uniform national minimum wage system helps to raise the earnings of the lowest paid, it is likely to have an influence on the gender pay gap (General Survey on the fundamental Conventions, 2012, paragraphs 682–685). The Committee asks the Government to provide information as to whether any groups of workers or sectors are excluded from the coverage of the minimum wage. Please also provide information on the level of the minimum wage, and the method used to set it. The Committee also requests the Government to provide information on the impact the introduction of the minimum wage has had on the gender pay gap.

Article 3. Objective job evaluation. The Committee recalls that section 121(1) of the Labour Code of 2007 provides that the monthly wage of the employee shall depend on the qualifications of the employee, the complexity, amount and quality of the work performed, as well as the working conditions, and section 125 sets out the manner in which qualification requirements and levels of complexity of the different types of work are to be determined, namely on the basis of manuals elaborated by the state labour authorities. Pursuant to section 22(23), the worker has the right to be paid in accordance with these criteria. The Committee recalls that the concept of “work of equal value” requires some method of measuring and comparing the relative value of different jobs; for the purpose of ensuring gender equality in the determination of remuneration, analytical methods of job evaluation have been found to be the most effective. (General Survey, 2012, paragraphs 695 and 700). The Committee asks the Government to provide information on job evaluation methods used to compare different jobs, including any set out in the manuals of the state labour authorities, and to indicate how it is ensured that the selection of factors for comparison, the weighting of such factors and the actual comparison carried out are not discriminatory, either directly or indirectly.

Articles 2 and 4. Collective bargaining. Cooperation with employers’ and workers’ organizations. The Committee notes that the Government states generally that labour relations may be regulated by collective agreements. The Committee asks the Government to provide summaries of any collective agreements expressly providing for equal remuneration for men and women for work of equal value. Please also provide information on specific measures taken in cooperation with employers’ and workers’ organizations with a view to giving effect to the principle of equal remuneration for men and women for work of equal value.

Parts III and IV of the report form. Enforcement. The Committee once again asks the Government to provide information on the measures taken by the competent authorities to ensure the effective monitoring and enforcement of the provisions of the Labour Code concerning remuneration. Please provide information on any complaints of such violations addressed by the courts, labour inspectors, or other authorities, and the results thereof.

Part V of the report form. Statistics. The Committee asks the Government to collect and provide statistical information on the situation on men and women in employment and their remuneration in the public and private sectors, by industry and occupation. Please also provide any available information on the gender pay gap and any analysis of the causes and evolution of the gender pay gap.

Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes with regret that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

Article 1(b) of the Convention. Legislative framework. Work of equal value. The Committee recalls that the Labour Code of 2007 contains provisions that are narrower than the principle of the Convention. The Committee recalls that section 7(1) prohibits sex discrimination in the exercise of labour rights and section 22(15) provides that the employee shall have the right to “equal payment for equal labour without any discrimination”. The Committee notes that the Government replies that there is no discrimination on any grounds, including sex, in the determination of the amount of a worker’s wage, and it considers that the legislation is in compliance with the Convention. The Committee recalls that prohibiting sex discrimination in labour rights, including wages, is not sufficient to give effect to the Convention, as it does not capture the concept of “work of equal value” (General Survey on the fundamental Conventions, 2012, paragraph 676). The Committee notes further that “equal payments for equal labour without discrimination” is also insufficient, as it also does not capture the concept of work of equal value. The Committee recalls that the concept of “work of equal value” lies at the heart of the fundamental right of equal remuneration for men and women for work of equal value, and the promotion of equality. Due to stereotypical attitudes regarding women’s aspirations, preferences and capabilities, certain jobs are held predominantly or exclusively by women and others by men, and often “female” jobs are undervalued in comparison with work of equal value performed by men (General Survey, 2012, paragraph 673). The Committee urges the Government to take concrete steps to amend the Labour Code to give full legislative effect to the principle of equal remuneration for men and women for work of equal value, allowing for comparisons not only of similar jobs, but of jobs which are of an entirely different nature. Please provide information in this regard.

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

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous comments.

Repetition

Article 2 of the Convention. Minimum wages. The Committee notes that the Government indicates that the establishment of the minimum wage constitutes one of the Government’s most significant steps towards regulating remuneration. The Government indicates that the monthly minimum wage is determined for simple and unskilled work not requiring a specified level of qualifications, and no one can be paid lower than the statutory minimum wage. The Committee welcomes the adoption of the national minimum wage, and recalls that this is an important means by which the Convention is applied. As women predominate in low-wage employment, and a uniform national minimum wage system helps to raise the earnings of the lowest paid, it is likely to have an influence on the gender pay gap (General Survey on the fundamental Conventions, 2012, paragraphs 682–685). The Committee asks the Government to provide information as to whether any groups of workers or sectors are excluded from the coverage of the minimum wage. Please also provide information on the level of the minimum wage, and the method used to set it. The Committee also requests the Government to provide information on the impact the introduction of the minimum wage has had on the gender pay gap.

Article 3. Objective job evaluation. The Committee recalls that section 121(1) of the Labour Code of 2007 provides that the monthly wage of the employee shall depend on the qualifications of the employee, the complexity, amount and quality of the work performed, as well as the working conditions, and section 125 sets out the manner in which qualification requirements and levels of complexity of the different types of work are to be determined, namely on the basis of manuals elaborated by the state labour authorities. Pursuant to section 22(23), the worker has the right to be paid in accordance with these criteria. The Committee recalls that the concept of “work of equal value” requires some method of measuring and comparing the relative value of different jobs; for the purpose of ensuring gender equality in the determination of remuneration, analytical methods of job evaluation have been found to be the most effective. (General Survey, 2012, paragraphs 695 and 700). The Committee asks the Government to provide information on job-evaluation methods used to compare different jobs, including any set out in the manuals of the state labour authorities, and to indicate how it is ensured that the selection of factors for comparison, the weighting of such factors and the actual comparison carried out are not discriminatory, either directly or indirectly.

Articles 2 and 4. Collective bargaining. Cooperation with employers’ and workers’ organizations. The Committee notes that the Government states generally that labour relations may be regulated by collective agreements. The Committee asks the Government to provide summaries of any collective agreements expressly providing for equal remuneration for men and women for work of equal value. Please also provide information on specific measures taken in cooperation with employers’ and workers’ organizations with a view to giving effect to the principle of equal remuneration for men and women for work of equal value.

Parts III and IV of the report form. Enforcement. The Committee once again asks the Government to provide information on the measures taken by the competent authorities to ensure the effective monitoring and enforcement of the provisions of the Labour Code concerning remuneration. Please provide information on any complaints of such violations addressed by the courts, labour inspectors, or other authorities, and the results thereof.

Part V of the report form. Statistics. The Committee asks the Government to collect and provide statistical information on the situation on men and women in employment and their remuneration in the public and private sectors, by industry and occupation. Please also provide any available information on the gender pay gap and any analysis of the causes and evolution of the gender pay gap.

Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous comments.

Repetition

Article 1(b) of the Convention. Legislative framework. Work of equal value. The Committee recalls that the Labour Code of 2007 contains provisions that are narrower than the principle of the Convention. The Committee recalls that section 7(1) prohibits sex discrimination in the exercise of labour rights and section 22(15) provides that the employee shall have the right to “equal payment for equal labour without any discrimination”. The Committee notes that the Government replies that there is no discrimination on any grounds, including sex, in the determination of the amount of a worker’s wage, and it considers that the legislation is in compliance with the Convention. The Committee recalls that prohibiting sex discrimination in labour rights, including wages, is not sufficient to give effect to the Convention, as it does not capture the concept of “work of equal value” (General Survey on the fundamental Conventions, 2012, paragraph 676). The Committee notes further that “equal payments for equal labour without discrimination”, is also insufficient, as it also does not capture the concept of work of equal value. The Committee recalls that the concept of “work of equal value” lies at the heart of the fundamental right of equal remuneration for men and women for work of equal value, and the promotion of equality. Due to stereotypical attitudes regarding women’s aspirations, preferences and capabilities, certain jobs are held predominantly or exclusively by women and others by men, and often “female” jobs are undervalued in comparison with work of equal value performed by men (General Survey, 2012, paragraph 673). The Committee urges the Government to take concrete steps to amend the Labour Code to give full legislative effect to the principle of equal remuneration for men and women for work of equal value, allowing for comparisons not only of similar jobs, but of jobs which are of an entirely different nature. Please provide information in this regard.

The Committee recalls that it raised other matters in a request addressed directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

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

The Committee notes that the Government’s report contains no reply to its previous comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

Repetition

Article 2 of the Convention. Minimum wages. The Committee notes that the Government indicates that the establishment of the minimum wage constitutes one of the Government’s most significant steps towards regulating remuneration. The Government indicates that the monthly minimum wage is determined for simple and unskilled work not requiring a specified level of qualifications, and no one can be paid lower than the statutory minimum wage. The Committee welcomes the adoption of the national minimum wage, and recalls that this is an important means by which the Convention is applied. As women predominate in low-wage employment, and a uniform national minimum wage system helps to raise the earnings of the lowest paid, it is likely to have an influence on the gender pay gap (General Survey on the fundamental Conventions, 2012, paragraphs 682–685). The Committee asks the Government to provide information as to whether any groups of workers or sectors are excluded from the coverage of the minimum wage. Please also provide information on the level of the minimum wage, and the method used to set it. The Committee also requests the Government to provide information on the impact the introduction of the minimum wage has had on the gender pay gap.

Article 3. Objective job evaluation. The Committee recalls that section 121(1) of the Labour Code of 2007 provides that the monthly wage of the employee shall depend on the qualifications of the employee, the complexity, amount and quality of the work performed, as well as the working conditions, and section 125 sets out the manner in which qualification requirements and levels of complexity of the different types of work are to be determined, namely on the basis of manuals elaborated by the state labour authorities. Pursuant to section 22(23), the worker has the right to be paid in accordance with these criteria. The Committee recalls that the concept of “work of equal value” requires some method of measuring and comparing the relative value of different jobs; for the purpose of ensuring gender equality in the determination of remuneration, analytical methods of job evaluation have been found to be the most effective. (General Survey, 2012, paragraphs 695 and 700). The Committee asks the Government to provide information on job-evaluation methods used to compare different jobs, including any set out in the manuals of the state labour authorities, and to indicate how it is ensured that the selection of factors for comparison, the weighting of such factors and the actual comparison carried out are not discriminatory, either directly or indirectly.

Articles 2 and 4. Collective bargaining. Cooperation with employers’ and workers’ organizations. The Committee notes that the Government states generally that labour relations may be regulated by collective agreements. The Committee asks the Government to provide summaries of any collective agreements expressly providing for equal remuneration for men and women for work of equal value. Please also provide information on specific measures taken in cooperation with employers’ and workers’ organizations with a view to giving effect to the principle of equal remuneration for men and women for work of equal value.

Parts III and IV of the report form. Enforcement. The Committee once again asks the Government to provide information on the measures taken by the competent authorities to ensure the effective monitoring and enforcement of the provisions of the Labour Code concerning remuneration. Please provide information on any complaints of such violations addressed by the courts, labour inspectors, or other authorities, and the results thereof.

Part V of the report form. Statistics. The Committee asks the Government to collect and provide statistical information on the situation on men and women in employment and their remuneration in the public and private sectors, by industry and occupation. Please also provide any available information on the gender pay gap and any analysis of the causes and evolution of the gender pay gap.

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

The Committee notes that the Government’s report contains no reply to its previous comments. It is therefore bound to repeat its previous observation, which read as follows:

Repetition

Article 1(b) of the Convention. Legislative framework. Work of equal value. The Committee recalls that the Labour Code of 2007 contains provisions that are narrower than the principle of the Convention. The Committee recalls that section 7(1) prohibits sex discrimination in the exercise of labour rights and section 22(15) provides that the employee shall have the right to “equal payment for equal labour without any discrimination”. The Committee notes that the Government replies that there is no discrimination on any grounds, including sex, in the determination of the amount of a worker’s wage, and it considers that the legislation is in compliance with the Convention. The Committee recalls that prohibiting sex discrimination in labour rights, including wages, is not sufficient to give effect to the Convention, as it does not capture the concept of “work of equal value” (General Survey on the fundamental Conventions, 2012, paragraph 676). The Committee notes further that “equal payments for equal labour without discrimination”, is also insufficient, as it also does not capture the concept of work of equal value. The Committee recalls that the concept of “work of equal value” lies at the heart of the fundamental right of equal remuneration for men and women for work of equal value, and the promotion of equality. Due to stereotypical attitudes regarding women’s aspirations, preferences and capabilities, certain jobs are held predominantly or exclusively by women and others by men, and often “female” jobs are undervalued in comparison with work of equal value performed by men (General Survey, 2012, paragraph 673). The Committee urges the Government to take concrete steps to amend the Labour Code to give full legislative effect to the principle of equal remuneration for men and women for work of equal value, allowing for comparisons not only of similar jobs, but of jobs which are of an entirely different nature. Please provide information in this regard.

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

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Article 2 of the Convention. Minimum wages. The Committee notes that the Government indicates that the establishment of the minimum wage constitutes one of the Government’s most significant steps towards regulating remuneration. The Government indicates that the monthly minimum wage is determined for simple and unskilled work not requiring a specified level of qualifications, and no one can be paid lower than the statutory minimum wage. The Committee welcomes the adoption of the national minimum wage, and recalls that this is an important means by which the Convention is applied. As women predominate in low-wage employment, and a uniform national minimum wage system helps to raise the earnings of the lowest paid, it is likely to have an influence on the gender pay gap (General Survey on fundamental Conventions, 2012, paragraphs 682–685). The Committee asks the Government to provide information as to whether any groups of workers or sectors are excluded from the coverage of the minimum wage. Please also provide information on the level of the minimum wage, and the method used to set it. The Committee also requests the Government to provide information on the impact the introduction of the minimum wage has had on the gender pay gap.

Article 3. Objective job evaluation. The Committee recalls that section 121(1) of the Labour Code of 2007 provides that the monthly wage of the employee shall depend on the qualifications of the employee, the complexity, amount and quality of the work performed, as well as the working conditions, and section 125 sets out the manner in which qualification requirements and levels of complexity of the different types of work are to be determined, namely on the basis of manuals elaborated by the state labour authorities. Pursuant to section 22(23), the worker has the right to be paid in accordance with these criteria. The Committee recalls that the concept of “work of equal value” requires some method of measuring and comparing the relative value of different jobs; for the purpose of ensuring gender equality in the determination of remuneration, analytical methods of job evaluation have been found to be the most effective. (General Survey, 2012, paragraphs 695 and 700). The Committee asks the Government to provide information on job-evaluation methods used to compare different jobs, including any set out in the manuals of the state labour authorities, and to indicate how it is ensured that the selection of factors for comparison, the weighting of such factors and the actual comparison carried out are not discriminatory, either directly or indirectly.

Articles 2 and 4. Collective bargaining. Cooperation with employers’ and workers’ organizations. The Committee notes that the Government states generally that labour relations may be regulated by collective agreements. The Committee asks the Government to provide summaries of any collective agreements expressly providing for equal remuneration for men and women for work of equal value. Please also provide information on specific measures taken in cooperation with employers’ and workers’ organizations with a view to giving effect to the principle of equal remuneration for men and women for work of equal value.

Parts III and IV of the report form. Enforcement. The Committee once again asks the Government to provide information on the measures taken by the competent authorities to ensure the effective monitoring and enforcement of the provisions of the Labour Code concerning remuneration. Please provide information on any complaints of such violations addressed by the courts, labour inspectors, or other authorities, and the results thereof.

Part V of the report form. Statistics. The Committee asks the Government to collect and provide statistical information on the situation on men and women in employment and their remuneration in the public and private sectors, by industry and occupation. Please also provide any available information on the gender pay gap and any analysis of the causes and evolution of the gender pay gap.

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

Article 1(b) of the Convention. Legislative framework. Work of equal value. The Committee recalls that the Labour Code of 2007 contains provisions that are narrower than the principle of the Convention. The Committee recalls that section 7(1) prohibits sex discrimination in the exercise of labour rights and section 22(15) provides that the employee shall have the right to “equal payment for equal labour without any discrimination”. The Committee notes that the Government replies that there is no discrimination on any grounds, including sex, in the determination of the amount of a worker’s wage, and it considers that the legislation is in compliance with the Convention. The Committee recalls that prohibiting sex discrimination in labour rights, including wages, is not sufficient to give effect to the Convention, as it does not capture the concept of “work of equal value” (General Survey on fundamental Conventions, 2012, paragraph 676). The Committee notes further that “equal payments for equal labour without discrimination”, is also insufficient, as it also does not capture the concept of work of equal value. The Committee recalls that the concept of “work of equal value” lies at the heart of the fundamental right of equal remuneration for men and women for work of equal value, and the promotion of equality. Due to stereotypical attitudes regarding women’s aspirations, preferences and capabilities, certain jobs are held predominantly or exclusively by women and others by men, and often “female” jobs are undervalued in comparison with work of equal value performed by men (General Survey, 2012, paragraph 673). The Committee urges the Government to take concrete steps to amend the Labour Code to give full legislative effect to the principle of equal remuneration for men and women for work of equal value, allowing for comparisons not only of similar jobs, but of jobs which are of an entirely different nature. Please provide information in this regard.

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

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

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

Article 3. Objective job evaluation. The Committee notes section 121(1) of the new Labour Code of 2007 which provides that the monthly wage of the employee shall be set depending on the qualifications of the employee, the complexity, amount and quality of the work performed, as well as working conditions. Section 22(23) states that payment for labour in accordance with these criteria is a right of the employee. Section 125 (“Organization of labour compensation”) sets out the manner in which qualification requirements and levels of complexity of the different types of work are to be determined, i.e. on the basis of manuals elaborated by the State labour authorities. The Committee asks the Government to provide additional information on the implementation of these provisions, including information on the methodology used to develop the abovementioned manuals and the measures taken by the competent authorities to ensure that the Labour Code’s procedures for the determination of wages is properly applied.

Article 4. Cooperation with employers’ and workers’ organizations. The Committee notes the very general information provided by the Government concerning the social partnership system established under the new Labour Code. The Committee asks the Government to provide information on any specific measures taken to seek the cooperation of employers’ and workers’ organizations with a view to giving effect to the provisions of the Convention.

Enforcement. The Committee asks the Government to provide information on the measures taken by the competent authorities to ensure the proper implementation and enforcement of the Labour Code’s provisions concerning remuneration and to indicate whether any complaints have been received regarding violations of the principle of equal remuneration for men and women for work of equal value.

Statistical information. The Committee notes, from the Country Gender Assessment published by the Asian Development Bank in 2006, that the average gender wage gap grew from 30 per cent in 1990 to 38 per cent in 2002, with particularly wide remuneration gaps between men and women in economic sectors in which women are concentrated. The Committee therefore asks the Government to provide detailed and updated information on the earnings of men and women in the private and public sectors, and according to industry.

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

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation, which read as follows:

Repetition

Articles 1 and 2 of the Convention. Equal remuneration for men and women for work of equal value. In its previous comments, the Committee drew the Government’s attention to the fact that the right to equal remuneration set out in section 7(2) of the 1999 Labour Act was narrower than the principle of equal remuneration for work of equal value set out in the Convention. In this regard, the Committee notes that the new Labour Code of 2007 contains the same provision in section 22(15) providing that the employee shall have the right to “equal payment for equal labour without any discrimination”. In addition, section 7(1) prohibits sex discrimination in the exercise of labour rights.

The Committee recalls its general observation of 2006 in which it emphasized that the concept of “work of equal value” includes but goes beyond equal remuneration for “equal”, the “same” or “similar” work, and also encompasses work that is of an entirely different nature, which is nevertheless of equal value. The Committee urged countries still retaining legal provisions that are narrower than the principle of the Convention to amend their legislation to ensure that it not only provides for equal remuneration for equal, the same or similar work, but also prohibits pay discrimination that occurs in situations where men and women perform different work that is nevertheless of equal value.

The Committee notes that the Government has failed to take these comments into account when adopting the Labour Code of 2007. It also notes that the Committee on the Elimination of Discrimination against Women had similarly called on Kazakhstan to introduce legislative provisions on equal pay for work of equal value (CEDAW/C/KAZ/CO, 2 February 2007, paragraph 24). The Committee urges the Government to take the necessary steps to bring the legislation into conformity with the Convention, providing for the right of men and women to equal remuneration for work of equal value. It asks the Government to provide information on the measures taken to this end.

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

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 3. Objective job evaluation. The Committee notes section 121(1) of the new Labour Code of 2007 which provides that the monthly wage of the employee shall be set depending on the qualifications of the employee, the complexity, amount and quality of the work performed, as well as working conditions. Section 22(23) states that payment for labour in accordance with these criteria is a right of the employee. Section 125 (“Organization of labour compensation”) sets out the manner in which qualification requirements and levels of complexity of the different types of work are to be determined, i.e. on the basis of manuals elaborated by the State labour authorities. The Committee asks the Government to provide additional information on the implementation of these provisions, including information on the methodology used to develop the abovementioned manuals and the measures taken by the competent authorities to ensure that the Labour Code’s procedures for the determination of wages is properly applied.

Article 4. Cooperation with employers’ and workers’ organizations. The Committee notes the very general information provided by the Government concerning the social partnership system established under the new Labour Code. The Committee asks the Government to provide information on any specific measures taken to seek the cooperation of employers’ and workers’ organizations with a view to giving effect to the provisions of the Convention.

Enforcement. The Committee asks the Government to provide information on the measures taken by the competent authorities to ensure the proper implementation and enforcement of the Labour Code’s provisions concerning remuneration and to indicate whether any complaints have been received regarding violations of the principle of equal remuneration for men and women for work of equal value.

Statistical information. The Committee notes, from the Country Gender Assessment published by the Asian Development Bank in 2006, that the average gender wage gap grew from 30 per cent in 1990 to 38 per cent in 2002, with particularly wide remuneration gaps between men and women in economic sectors in which women are concentrated. The Committee therefore asks the Government to provide detailed and updated information on the earnings of men and women in the private and public sectors, and according to industry.

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Articles 1 and 2 of the Convention. Equal remuneration for men and women for work of equal value. In its previous comments, the Committee drew the Government’s attention to the fact that the right to equal remuneration set out in section 7(2) of the 1999 Labour Act was narrower than the principle of equal remuneration for work of equal value set out in the Convention. In this regard, the Committee notes that the new Labour Code of 2007 contains the same provision in section 22(15) providing that the employee shall have the right to “equal payment for equal labour without any discrimination”. In addition, section 7(1) prohibits sex discrimination in the exercise of labour rights.

The Committee recalls its general observation of 2006 in which it emphasized that the concept of “work of equal value” includes but goes beyond equal remuneration for “equal”, the “same” or “similar” work, and also encompasses work that is of an entirely different nature, which is nevertheless of equal value. The Committee urged countries still retaining legal provisions that are narrower than the principle of the Convention to amend their legislation to ensure that it not only provides for equal remuneration for equal, the same or similar work, but also prohibits pay discrimination that occurs in situations where men and women perform different work that is nevertheless of equal value.

The Committee notes with regret that the Government has failed to take these comments into account when adopting the Labour Code of 2007. It also notes that the Committee on the Elimination of Discrimination against Women had similarly called on Kazakhstan to introduce legislative provisions on equal pay for work of equal value (CEDAW/C/KAZ/CO, 2 February 2007, paragraph 24). The Committee urges the Government to take the necessary steps to bring the legislation into conformity with the Convention, providing for the right of men and women to equal remuneration for work of equal value. It asks the Government to provide information on the measures taken to this end.

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

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

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

Article 3. Objective job evaluation. The Committee notes section 121(1) of the new Labour Code of 2007 which provides that the monthly wage of the employee shall be set depending on the qualifications of the employee, the complexity, amount and quality of the work performed, as well as working conditions. Section 22(23) states that payment for labour in accordance with these criteria is a right of the employee. Section 125 (“Organization of labour compensation”) sets out the manner in which qualification requirements and levels of complexity of the different types of work are to be determined, i.e. on the basis of manuals elaborated by the State labour authorities. The Committee asks the Government to provide additional information on the implementation of these provisions, including information on the methodology used to develop the abovementioned manuals and the measures taken by the competent authorities to ensure that the Labour Code’s procedures for the determination of wages is properly applied.

Article 4. Cooperation with employers’ and workers’ organizations. The Committee notes the very general information provided by the Government concerning the social partnership system established under the new Labour Code. The Committee asks the Government to provide information on any specific measures taken to seek the cooperation of employers’ and workers’ organizations with a view to giving effect to the provisions of the Convention.

Enforcement. The Committee asks the Government to provide information on the measures taken by the competent authorities to ensure the proper implementation and enforcement of the Labour Code’s provisions concerning remuneration and to indicate whether any complaints have been received regarding violations of the principle of equal remuneration for men and women for work of equal value.

Statistical information. The Committee notes, from the Country Gender Assessment published by the Asian Development Bank in 2006, that the average gender wage gap grew from 30 per cent in 1990 to 38 per cent in 2002, with particularly wide remuneration gaps between men and women in economic sectors in which women are concentrated. The Committee therefore asks the Government to provide detailed and updated information on the earnings of men and women in the private and public sectors, and according to industry.

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

Articles 1 and 2 of the Convention. Equal remuneration for men and women for work of equal value. In its previous comments, the Committee drew the Government’s attention to the fact that the right to equal remuneration set out in section 7(2) of the 1999 Labour Act was narrower than the principle of equal remuneration for work of equal value set out in the Convention. In this regard, the Committee notes that the new Labour Code of 2007 contains the same provision in section 22(15) providing that the employee shall have the right to “equal payment for equal labour without any discrimination”. In addition, section 7(1) prohibits sex discrimination in the exercise of labour rights.

The Committee recalls its general observation of 2006 in which it emphasized that the concept of “work of equal value” includes but goes beyond equal remuneration for “equal”, the “same” or “similar” work, and also encompasses work that is of an entirely different nature, which is nevertheless of equal value. The Committee urged countries still retaining legal provisions that are narrower than the principle of the Convention to amend their legislation to ensure that it not only provides for equal remuneration for equal, the same or similar work, but also prohibits pay discrimination that occurs in situations where men and women perform different work that is nevertheless of equal value.

The Committee notes with regret that the Government has failed to take these comments into account when adopting the Labour Code of 2007. It also notes that the Committee on the Elimination of Discrimination against Women had similarly called on Kazakhstan to introduce legislative provisions on equal pay for work of equal value (CEDAW/C/KAZ/CO, 2 February 2007, paragraph 24). The Committee urges the Government to take the necessary steps to bring the legislation into conformity with the Convention, providing for the right of men and women to equal remuneration for work of equal value. It asks the Government to provide information on the measures taken to this end.

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

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. Article 1(a) of the Convention. Definition of remuneration. The Committee notes the provisions of Act No. 493-I “on labour in the Republic of Kazakhstan” referred to in the Government’s report. It notes that wages are defined under section 1 of the Act but that the definition given is narrower than the Convention’s concept of remuneration, which includes all payments, both cash or in kind, direct and indirect, arising out of the worker’s employment. The Committee also notes that section 7.2 of the Act provides that “the worker has the right to equal pay for equal labour without discrimination”. The Act however does not define “pay” in this context and it is therefore unclear what the scope of this provision is. The Committee asks the Government to indicate the definition of remuneration to which the principle of the Convention applies.

2. Article 1(b). Definition of equal remuneration. As already noted under Article 1(a) above, section 7.2 of the Labour Act provides for the right to equal pay for equal labour. The Committee notes that this principle is narrower than the Convention’s requirement, which goes beyond a reference to the “same” or “equal” work in making the “value” of the work the point of comparison (see General Survey on equal remuneration, 1986, paragraph 19). The Committee also notes that the Government reports that equal remuneration for men and women workers for work of equal value is understood to refer to remuneration rates which are determined without discrimination on the basis of sex. The Committee asks the Government to clarify the meaning of the concept “equal pay for equal labour” in view of the broader concept contained in the Convention, and to clarify whether the value of the work is used as the reference point for determining remuneration rates.

3. Articles 2(2)(b) and 3. Wage determination. The Committee notes that section 70.3 of the Labour Act provides that the criteria used to determine differential wage rates include the complexity of the work, and the expertise and productivity of the worker. It further notes that the appraisal of skills required and the complexity of jobs will be determined with reference to “professional skill reference book” (section 70.5). In order to assess fully the objectivity of the grounds used to evaluate jobs, in particular whether they are free from discrimination based on sex, the Committee asks the Government to provide a copy of the “professional skills reference book”. It also asks the Government to indicate what measures have been taken to reduce any differential in wage rates for men and women through methods including job evaluation.

4. Article 2(2)(c). Collective agreements. The Committee notes from the Government’s report that the principle of equal remuneration is applied through the General Agreement between the Government and national trade union associations and employers’ associations for 2003–04, and by tripartite regional agreements. It also notes that section 70.4 of the Labour Act provides that “systems of labour remuneration” may be determined by collective agreements. The Committee asks the Government to provide copies of the collective agreements referred to in its report together with copies of any agreements concluded in application of section 70.4 of the Labour Act, in so far as these agreements provide for differential rates of remuneration for work performed.

5. Article 4. Cooperation with employers’ and workers’ organizations. The Committee notes from the report that the Act “on social partnership” makes provision for the establishment of a mechanism to regulate social, labour and associated economic relations and that the elimination of discrimination has been the subject of a discussion by a national tripartite commission on social partnership. The Committee asks the Government to provide more information on cooperation in tripartite commissions and under the Social Partnership Act for the purpose of giving effect to the provisions of the Convention.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. Article 1(a) of the Convention. Definition of remuneration. The Committee notes the provisions of Act No. 493-I “on labour in the Republic of Kazakhstan” referred to in the Government’s report. It notes that wages are defined under section 1 of the Act but that the definition given is narrower than the Convention’s concept of remuneration, which includes all payments, both cash or in kind, direct and indirect, arising out of the worker’s employment. The Committee also notes that section 7.2 of the Act provides that “the worker has the right to equal pay for equal labour without discrimination”. The Act however does not define “pay” in this context and it is therefore unclear what the scope of this provision is. The Committee asks the Government to indicate the definition of remuneration to which the principle of the Convention applies.

2. Article 1(b). Definition of equal remuneration. As already noted under Article 1(a) above, section 7.2 of the Labour Act provides for the right to equal pay for equal labour. The Committee notes that this principle is narrower than the Convention’s requirement, which goes beyond a reference to the “same” or “equal” work in making the “value” of the work the point of comparison (see General Survey on equal remuneration, 1986, paragraph 19). The Committee also notes that the Government reports that equal remuneration for men and women workers for work of equal value is understood to refer to remuneration rates which are determined without discrimination on the basis of sex. The Committee asks the Government to clarify the meaning of the concept “equal pay for equal labour” in view of the broader concept contained in the Convention, and to clarify whether the value of the work is used as the reference point for determining remuneration rates.

3. Articles 2(2)(b) and 3. Wage determination. The Committee notes that section 70.3 of the Labour Act provides that the criteria used to determine differential wage rates include the complexity of the work, and the expertise and productivity of the worker. It further notes that the appraisal of skills required and the complexity of jobs will be determined with reference to “professional skill reference book” (section 70.5). In order to assess fully the objectivity of the grounds used to evaluate jobs, in particular whether they are free from discrimination based on sex, the Committee asks the Government to provide a copy of the “professional skills reference book”. It also asks the Government to indicate what measures have been taken to reduce any differential in wage rates for men and women through methods including job evaluation.

4. Article 2(2)(c). Collective agreements. The Committee notes from the Government’s report that the principle of equal remuneration is applied through the General Agreement between the Government and national trade union associations and employers’ associations for 2003–04, and by tripartite regional agreements. It also notes that section 70.4 of the Labour Act provides that “systems of labour remuneration” may be determined by collective agreements. The Committee asks the Government to provide copies of the collective agreements referred to in its report together with copies of any agreements concluded in application of section 70.4 of the Labour Act, in so far as these agreements provide for differential rates of remuneration for work performed.

5. Article 4. Cooperation with employers’ and workers’ organizations. The Committee notes from the report that the Act “on social partnership” makes provision for the establishment of a mechanism to regulate social, labour and associated economic relations and that the elimination of discrimination has been the subject of a discussion by a national tripartite commission on social partnership. The Committee asks the Government to provide more information on cooperation in tripartite commissions and under the Social Partnership Act for the purpose of giving effect to the provisions of the Convention.

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

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. Article 1(a) of the Convention. Definition of remuneration. The Committee notes the provisions of Act No. 493-I “on labour in the Republic of Kazakhstan” referred to in the Government’s report. It notes that wages are defined under section 1 of the Act but that the definition given is narrower than the Convention’s concept of remuneration, which includes all payments, both cash or in kind, direct and indirect, arising out of the worker’s employment. The Committee also notes that section 7.2 of the Act provides that “the worker has the right to equal pay for equal labour without discrimination”. The Act however does not define “pay” in this context and it is therefore unclear what the scope of this provision is. The Committee asks the Government to indicate the definition of remuneration to which the principle of the Convention applies.

2. Article 1(b). Definition of equal remuneration. As already noted under Article 1(a) above, section 7.2 of the Labour Act provides for the right to equal pay for equal labour. The Committee notes that this principle is narrower than the Convention’s requirement, which goes beyond a reference to the “same” or “equal” work in making the “value” of the work the point of comparison (see General Survey on equal remuneration, 1986, paragraph 19). The Committee also notes that the Government reports that equal remuneration for men and women workers for work of equal value is understood to refer to remuneration rates which are determined without discrimination on the basis of sex. The Committee asks the Government to clarify the meaning of the concept “equal pay for equal labour” in view of the broader concept contained in the Convention, and to clarify whether the value of the work is used as the reference point for determining remuneration rates.

3. Articles 2(2)(b) and 3. Wage determination. The Committee notes that section 70.3 of the Labour Act provides that the criteria used to determine differential wage rates include the complexity of the work, and the expertise and productivity of the worker. It further notes that the appraisal of skills required and the complexity of jobs will be determined with reference to “professional skill reference book” (section 70.5). In order to assess fully the objectivity of the grounds used to evaluate jobs, in particular whether they are free from discrimination based on sex, the Committee asks the Government to provide a copy of the “professional skills reference book”. It also asks the Government to indicate what measures have been taken to reduce any differential in wage rates for men and women through methods including job evaluation.

4. Article 2(2)(c). Collective agreements. The Committee notes from the Government’s report that the principle of equal remuneration is applied through the General Agreement between the Government and national trade union associations and employers’ associations for 2003–04, and by tripartite regional agreements. It also notes that section 70.4 of the Labour Act provides that “systems of labour remuneration” may be determined by collective agreements. The Committee asks the Government to provide copies of the collective agreements referred to in its report together with copies of any agreements concluded in application of section 70.4 of the Labour Act, in so far as these agreements provide for differential rates of remuneration for work performed.

5. Article 4. Cooperation with employers’ and workers’ organizations. The Committee notes from the report that the Act “on social partnership” makes provision for the establishment of a mechanism to regulate social, labour and associated economic relations and that the elimination of discrimination has been the subject of a discussion by a national tripartite commission on social partnership. The Committee asks the Government to provide more information on cooperation in tripartite commissions and under the Social Partnership Act for the purpose of giving effect to the provisions of the Convention.

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

The Committee notes the information in the Government’s first report.

1. Article 1(a) of the Convention. Definition of remuneration. The Committee notes the provisions of Act No. 493-I "on labour in the Republic of Kazakhstan" referred to in the Government’s report. It notes that wages are defined under section 1 of the Act but that the definition given is narrower than the Convention’s concept of remuneration, which includes all payments, both cash or in kind, direct and indirect, arising out of the worker’s employment. The Committee also notes that section 7.2 of the Act provides that "the worker has the right to equal pay for equal labour without discrimination". The Act however does not define "pay" in this context and it is therefore unclear what the scope of this provision is. The Committee asks the Government to indicate the definition of remuneration to which the principle of the Convention applies.

2. Article 1(b). Definition of equal remuneration. As already noted under Article 1(a) above, section 7.2 of the Labour Act provides for the right to equal pay for equal labour. The Committee notes that this principle is narrower than the Convention’s requirement, which goes beyond a reference to the "same" or "equal" work in making the "value" of the work the point of comparison (see General Survey on equal remuneration, 1986, paragraph 19). The Committee also notes that the Government reports that equal remuneration for men and women workers for work of equal value is understood to refer to remuneration rates which are determined without discrimination on the basis of sex. The Committee asks the Government to clarify the meaning of the concept "equal pay for equal labour" in view of the broader concept contained in the Convention, and to clarify whether the value of the work is used as the reference point for determining remuneration rates.

3. Articles 2(2)(b) and 3. Wage determination. The Committee notes that section 70.3 of the Labour Act provides that the criteria used to determine differential wage rates include the complexity of the work, and the expertise and productivity of the worker. It further notes that the appraisal of skills required and the complexity of jobs will be determined with reference to "professional skill reference book" (section 70.5). In order to assess fully the objectivity of the grounds used to evaluate jobs, in particular whether they are free from discrimination based on sex, the Committee asks the Government to provide a copy of the "professional skills reference book". It also asks the Government to indicate what measures have been taken to reduce any differential in wage rates for men and women through methods including job evaluation.

4. Article 2(2)(c). Collective agreements. The Committee notes from the Government’s report that the principle of equal remuneration is applied through the General Agreement between the Government and national trade union associations and employers’ associations for 2003-04, and by tripartite regional agreements. It also notes that section 70.4 of the Labour Act provides that "systems of labour remuneration" may be determined by collective agreements. The Committee asks the Government to provide copies of the collective agreements referred to in its report together with copies of any agreements concluded in application of section 70.4 of the Labour Act, in so far as these agreements provide for differential rates of remuneration for work performed.

5. Article 4. Cooperation with employers’ and workers’ organizations. The Committee notes from the report that the Act "on social partnership" makes provision for the establishment of a mechanism to regulate social, labour and associated economic relations and that the elimination of discrimination has been the subject of a discussion by a national tripartite commission on social partnership. The Committee asks the Government to provide more information on cooperation in tripartite commissions and under the Social Partnership Act for the purpose of giving effect to the provisions of the Convention.