Equal Remuneration Convention, 1951 (No. 100) - Denmark (Ratification: 1960)

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

Articles 1 to 4 of the Convention.Gender pay gap. The Committee notes that, according to Eurostat statistics, the unadjusted gender pay gap on the basis of average gross hourly earnings was 13.9 per cent in 2020 (down from 15 per cent in 2016). Eurostat 2020 data also show that the gender pay gap is higher in the private sector (13.7 per cent) than in the public sector (11.2 per cent), and that the sectors where the gender gap is the highest are the financial and insurance sector (18.1 per cent) and the professional, scientific and technical sector (18 per cent). The Committee further notes that, according to the document entitled “Gender Equality – An incomplete success”, published in 2022 in the official website of Denmark administrated by the Ministry of Foreign Affairs, 85 per cent of the gender pay gap can be traced to “the segregated labour market in which male dominated jobs tend to pay more than female dominated jobs, and the fact that men tend to be higher up in the professional hierarchy”. The same document adds that there is still a 15 per cent “invisible” pay difference that cannot be explained, and that the Government is working on identifying its root causes. The Committee finally recalls that, in its 2021 concluding observations, the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) expressed concern about the stagnation of the adjusted gender wage gap and the vertical and horizontal segregation of the labour market and academia (CEDAW/C/DNK/CO/9, para. 32a). The Committee again asks the Government to provide up-to-date information on the evolution of the gender pay gap by economic sector and occupational group, and on any research conducted on its causes. It also requests the Government to indicate the specific measures taken or envisaged to effectively lower the gender pay gap, by combatting its structural and underline causes, such as vertical and horizontal occupational job segregation and gender stereotypes.

Article 2(1). Implementation of legislation. The Committee observes that the Government provides no information on the application in practice of the obligation of companies with at least 10 employees to prepare annually sex disaggregated statistics (Act No. 899 of 5 September 2008 on Equal Pay for Men and Women, as amended in 2014). However, it notes that Act No. 116 of 9 February 2016, as consolidated by Act No. 156 of 22 February 2019 on Equal Pay for Men and Women, limited again the obligation to prepare annually sex disaggregated statistics to companies with at least 35 employees, of which at least 10 employees of each gender with the same work functions. It also notes that, in its 2021 concluding observations, CEDAW expressed concern about the fact that only companies with at least 35 workers, of which at least 10 are men and 10 are women, must submit gender wage statistics, and recommended that the Government “improve gender wage gap statistics by ensuring that more employers and companies are subject to reporting obligations” (CEDAW/C/DNK/CO/9, para. 32a and 33a). The Committee requests the Government to provide information on the impact of Act No. 116 of 9 February 2016 on the number of companies and employees covered by the obligation to prepare annually sex disaggregated statistics, and to communicate information on any measures taken or envisaged to reextend this obligation to companies with at least 10 employees, as previously provided under Act No. 513 of 26 May 2014. It also again asks the Government to:

• (i)clarify if the wage statistics allow a comparison of different jobs of equal value, including between the public and private sectors;
• (ii)provide information on the identification and elimination of any discriminatory pay differences, as well as on any cases brought before equal pay tribunals or the courts, on the basis of the wage statistics; and
• (iii)provide information on any follow-up actions taken to attain full compliance with the legal obligation to prepare sex disaggregated statistics on pay, including any sanctions imposed, as provided under section 6b of Consolidation Act No. 156 of 22 February 2019 on Equal Pay for Men and Women.

Article 3(1). Objective job evaluation. The Committee notes that the Government’s report still contains no information on the measures taken or envisaged in order to promote, in cooperation with social partners, the development and use of objective job evaluation methods. The Committee recalls that the concept of “work of equal value” is fundamental to tackling sex occupational segregation and requires some method of measuring and comparing the relative value of different jobs free from gender bias, on the basis of entirely objective and non-discriminatory criteria such as skills, effort, responsibilities and working conditions (see 2012 General Survey on the Fundamental Conventions, paragraphs 673, 695 and 701). It also notes that, in its 2021 concluding observations, CEDAW expressed concern about the lack of transparency of the methodology for the determination of what constitutes “work of equal value”, and recommended the Government to “revise the Equal Pay Law by defining the concept of ‘equal work of equal value’ in conformity with the Equal Remuneration Convention, 1951 (No. 100), of ILO” (CEDAW/C/DNK/CO/9, paragraphs 32a and 33a). The Committee trusts that in the near future the Government will ensure that Act No. 156 of 22 February 2019 on Equal Pay for Men and Women effectively allows the development and use of objective job evaluation methods, in accordance with Article 3(1) of the Convention. It once again asks the Government to provide information on the specific steps taken or envisaged, in cooperation with social partners, towards this direction, especially in order to determine appropriate techniques and criteria for objective job evaluation.

Article 4. Cooperation with workers’ and employers’ organizations. The Committee takes note of the five decisions mentioned in the Government’s report, issued by the Board of Equal Treatment between 2019 and 2021, one of which awarded compensation to a woman who had been denied a one-off supplement allocated to her colleagues due to her maternity leave. However, it observes that no information is provided on the functioning of the equal pay tribunal established by the social partners. The Committee requests the Government to continue providing information on the decisions of the Board of Equal Treatment and the courts regarding the principle of equal remuneration. It also reiterates its request to the Government to provide information on the functioning of the equal pay tribunal established by the Confederation of Danish Industry (DI) and the Central Organization of Industrial Employees (CO-Industri), and on any further action taken by the social partners to create equal pay tribunals in other sectors of activity, including any obstacles encountered.

Other measures to address the gender pay gap. The Committee again asks the Government to provide information on:

• (i)any recent research conducted on the gender segregation of the labour market and its structural and underline causes, as well as any follow-up action given;
• (ii)the impact of the Act on Gender Equality, as recently consolidated by Act No. 751 of 26 April 2021, on achieving gender balance in boards and committees in the public and private sectors, including statistics on the number of women and men on the boards and committees covered by the legislation; and
• (iii) any other measures taken or envisaged with a view to narrowing the gender pay gap and addressing gender stereotypes influencing women’s and men’s choices about education and employment, and the impact of such measures.

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

The Committee notes the observations of the Danish Confederation of Trade Unions (LO) and the Salaried Employees and Civil Servants Confederation (FTF), the Confederation of Danish Employers (DA), the Agency for Modernisation of Public Administration (Moderniseringsstyrelsen), the Danish Regions (Danske Regioner) and Local Government Denmark (KL) included in the Government’s report.

Article 2(1) of the Convention. Gender pay gap. The Committee notes from the Government’s report that in 2011 the difference in gross wage between men and women was 13 to 17 per cent and that the corrected wage difference was 4 to 7 per cent (once corrected for gender differences in, for example, educational level, work experience, sector, branch and work function). Furthermore, the statistics provided by the Government show that, between 2003 and 2013, the gender pay gap in the private sector decreased from 14.14 per cent to 13.56 per cent, and in the public sector at the state level from 9.89 per cent to 5.74 per cent, and at the municipal level from 15.62 per cent to 12.58 per cent. Furthermore, the wage gap in managerial positions was 21.59 per cent in 2013. At the same time, the Government indicates that in 2014 the employment rate of women was 69.8 per cent compared to 75.8 per cent for men, that more women worked part time in the public sector (35 per cent compared to 15 per cent of men) and that women retired earlier than men. The Committee also notes that the labour market continues to be segregated by gender and that, at the regional level, more than 80 per cent of the employees are women. The Committee requests the Government to continue to provide up-to-date information on the evolution of the gender pay gap and its causes and on the measures taken or envisaged to improve the access of women to a wider range of job opportunities at all levels, including 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.

Article 2(2). Implementation of legislation. The Committee notes with interest that Act No. 513 of 25 May 2014 amending section 5a of Act No. 899 on equal pay to men and women extends the obligation to prepare annually sex disaggregated statistics from employers employing 35 workers or more to employers employing ten workers or more, of which at least three are men and three are women. The amendment aims to increase awareness of gender-segregated wage statistics, to provide a tool to employers and employees to cooperate towards the eradication of gender-specific wage differences and to provide a legal basis for alleged cases of wage discrimination. The Government indicates that according to Statistics Denmark, the number of employees covered by the new legislation increased from 2.24 million in 536 public and 2,925 private enterprises to 2.7 million in 800 public and 12,500 private enterprises. The Committee further notes that the Government will be providing enterprises with gender-segregated pay statistics free of charge, and will develop a guide on how to use these statistics. At the same time, the Committee notes that according to the LO and FTF, wage differences will be shown as index numbers, which makes it impossible to compare different jobs of equal value. The Committee requests the Government to clarify if the wage statistics allow a comparison of different jobs of equal value, including between the public and private sectors, and to provide information on the identification and elimination of any discriminatory pay differences with the help of the wage statistics. Please include information on any cases brought before equal pay tribunals or the courts on the basis of the wage statistics. The Committee further requests the Government to continue to provide information on any follow-up actions taken with a view to attaining full compliance with the legal obligation to prepare sex-disaggregated statistics on pay, including any sanctions imposed, as provided under section 6b of Act No. 899 of 2008.

Article 3(1). Objective job evaluation. The Committee notes that no measures have been taken to promote the use of objective job evaluation methods nor is any further action envisaged in this regard. According to the Government, the social partners, who should be actively involved in the development of objective job evaluation methods, are in a better position to reflect work conditions and to adapt to the particular enterprise or sector. In this regard, the LO and FTF indicate that one of the obstacles is that the criteria to assess work of equal value are not clearly defined in the legislation, and the KL states that the possibilities for carrying out an objective job evaluation are limited at the municipal level. Noting the Government’s acknowledgment that the labour market is highly segregated, the Committee recalls that the concept of “work of equal value” is fundamental to tackling occupational sex segregation and requires some method of measuring the relative value of different jobs free from gender bias (see General Survey on the fundamental Conventions, 2012, paragraphs 673, 695 and 701). Article 3 of the Convention presupposes the use of appropriate techniques for objective job evaluation to determine value, comparing factors such as skill, effort, responsibilities and working conditions, as suggested by the LO and FTF. Noting the need expressed by the social partners for the adoption of appropriate techniques and criteria for objective job evaluation, the Committee requests the Government to seek the cooperation of the social partners, to promote the development and use of objective job evaluation methods, as envisaged under Article 3, and to report on any progress made in this regard.

Article 4. Cooperation with workers’ and employers’ organizations. The Committee notes from the information provided by the LO and FTF, Danish Regions and the KL that no further equal pay tribunals have been established by the social partners, nor have the existing tribunals settled any cases. However, the LO and FTF indicate that settling cases with the employers before they reach the tribunals had a preventive effect. The DA states that, between 2011 and 2015, there were no cases in the courts concerning equal pay. The Committee welcomes the information that, according to the LO and FTF, the Danish Association of Local Government Employees’ Organization (KTO) concluded four different agreements with the KL and Danish Regions on wage differences, gender mainstreaming and on gender-divided wage statistics. Furthermore, the Committee welcomes the information provided by the KL that, in the municipal sector, social partners carried out projects on payment structures with a focus on gender, and that within the LO a network of unions undertakes training programmes on equal pay legislation for shop stewards and union representatives. The Committee requests the Government to continue to provide information on the functioning of the equal pay tribunal and on any further action taken by the social partners to establish equal pay tribunals in other sectors of activity, including any obstacles encountered. It also requests the Government to provide information on any decisions of such tribunals or the courts relating to the principle of equal remuneration.

Other measures to address the gender pay gap. The Committee recalls that the Wage Commission’s report on “wages, gender, education and flexibility” of 2010 highlighted the persistence of horizontal and vertical gender segregation in the labour market, and notes that the Government has commissioned a new study on the gender-segregated labour market to the Danish National Centre for Social Research (SFI), which is due at the end of 2015. The Committee further notes with interest that the Act on Gender Equality was further amended by Act No. 1288 of 19 December 2012, and consolidated by Act No. 1678 of 19 December 2013. Section 8 of Chapter 4 of the Equality Act contains obligations to attain a balanced gender composition of certain public committees and boards. The Government indicates that public institutions, listed companies, state-owned companies, commercial foundations and financial companies are covered by this “Danish Model” amounting to approximately 1,200 entities. The Government indicates that according to a study carried out in 2014, 73 per cent of the institutions and companies have set target figures, which, on average, set targets of increasing the proportion of the under-represented gender by 25 per cent in an average time frame of four years. In January 2015, 15 per cent of the board members were women, compared to 29 per cent in state-owned companies. The Committee requests the Government to provide information on the results of the 2015 study on the gender-segregated labour market and any follow-up action given. The Committee further requests the Government to provide information on the impact of the “Danish Model”, on achieving gender balance in boards and committees in the public and private sectors, including statistics on the number of women on the boards and committees covered by the legislation. Please provide information on any other measures taken or envisaged with a view to narrowing the gender pay gap and addressing gender stereotypes influencing women’s and men’s choices about education and employment, and on the impact of such measures.

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

The Committee notes the observations of the Local Government Denmark (KL), the Danish Employers’ Association for the Financial Sector (FA), the Danish Confederation of Trade Unions (LO), the Confederation of Danish Employers (DA), the State Employer’s Authority (Personalestyrelsen), the Danish Regions (DanskeRegioner) and the Danish Association of Local Government Employees’ Organizations (KTO), included in the Government’s report.

Assessing the gender pay gap. The Committee notes from the Government’s report that in 2009 women earned on average 18 to 20 per cent less than men and that the gender pay gaps in the State and the local civil services and in the private sector have remained approximately unchanged in the last 15 years. The Government further reiterates its explanation concerning the underlying causes of these wage differentials and states that the gender pay gap can, to a large extent, be explained by the gender segregation of the labour market which manifests itself by a higher representation of women in the public sector (seven out of ten public employees), a higher proportion of female part-time workers (37 per cent in comparison with 14 per cent of men), longer and more numerous career breaks and an under-representation of women in executive positions (three out of ten managers). The Committee also welcomes the statistical information, attached to the Government’s report, regarding the earnings and the occupational distribution of men and women in the municipalities and the regions in 2009. It notes in particular that women represented 76.7 per cent of the total workforce in these sectors and that they were predominantly employed in health and social services. The Committee asks the Government to continue to provide up-to-date information on the evolution of the gender pay gap and its causes, including detailed information on the earnings of men and women according to sectors, educational level and occupation, in both the private and the public sectors.

Implementation of legislation. Further to its previous comments, the Committee notes that under section 5a of Act No. 899 of 5 September 2008 on equal pay to men and women, employers employing 35 workers or more are required to prepare annually sex disaggregated statistics or, alternatively, an equal pay report and an action plan. The Committee recalls its previous comment in which it noted the observations made and the improvements suggested by some of the social partners as regards the issue of anonymity of the equal pay data collected and the extension of the scope of the obligation to smaller enterprises. The Committee notes that according to the Equal Pay Review published by the Ministry of Employment and Equality in January 2010 and attached to the Government’s report, approximately 800,000 employees were to be covered by the draft law in 2006, corresponding to 692 public companies and 1,211 private companies. In 2009, approximately 3,000 enterprises fell within the scope of the legislation, of which 400 were in the public sector and 2,600 in the private sector. The Committee further notes that the study on “Gender disaggregated statistics and report on equal pay”, commissioned by the Ministry of Employment and Equality to the Danish National Centre for Social Research (SFI), was published in December 2011. It notes from the information available on the SFI website, that only two-thirds of the enterprises covered by the legislation produced sex disaggregated statistics on pay or equal pay reports, while the SFI estimates that at least one third of these enterprises have had almost no internal dialogue about such statistics. The report also underscores that poor knowledge of the legislation and failure to acknowledge and address gender pay gap in enterprises explain, to some extent, the lack of compliance. The Committee again asks the Government to provide information on any measures taken or envisaged to address the comments raised by some of the social partners regarding the need to require smaller enterprises to prepare equal pay statistics, the possibility to identify and address discriminatory pay differences, and the possibility to compare wage statistics between the public and the private sectors. Please also provide statistical information on the number of enterprises subject to the obligation to prepare equal pay statistics and the number of employees covered, as well as information on the findings of the SFI report and on any follow-up actions taken with a view to attaining full compliance with the legal obligation to prepare sex disaggregated statistics on pay, including any sanctions imposed, as provided under section 6b of Act No. 899 of 2008.

Objective job evaluation. In its previous comment, the Committee noted that under section 1(ii) of Act No. 899 of 2008, the determination of the value of work should be based on a general assessment of qualifications and other relevant factors. Noting the comment of the LO that the Government had not taken any steps to promote the use of objective job evaluation methods, the Committee asked the Government to provide information on the measures taken to encourage the use of such methods in the public and the private sectors. In its reply, the Government indicates that no measures to this end have been taken so far, nor is any action envisaged in this regard. The Committee notes however that the Government acknowledges that the gender pay gap in the country is mainly due to occupational gender segregation in the labour market. The Committee wishes to emphasize that in order to give full effect to the principle of the Convention, it is essential to use objective job evaluation methods which allow different jobs to be compared on the basis of factors which are not inherently discriminatory, with a view to ensuring that work carried out mainly by women (“female jobs”) is not undervalued and that women receive equal remuneration compared to men carrying out work of equal value. The Committee therefore encourages the Government to take active steps, in cooperation with the social partners, to promote the development and use of objective job evaluation methods, as envisaged under Article 3, and to report on any progress made in this regard.

Workers’ and employers’ organizations. The Committee notes that following the 2010 collective bargaining round, the LO and the DA have incorporated Act No. 899 of 2008 directly into their collective agreements which now provide that employers within their scope are to prepare annually sex disaggregated statistics. The Committee also notes from the 2010 Equal Pay Review that, to this end, the DA and the FA developed gender statistics tools, such as netstat, and now provide free equal pay statistics to their membership. Moreover, the Government indicates that, as a consequence of the direct implementation of the Act through collective agreements, cases of pay discrimination based on sex can be referred to the labour courts. The Committee further notes that the Confederation of Danish Industry (DI) and the Central Organization of Industrial Employees (CO-Industri) established in June 2011 an equal pay tribunal empowered to hear cases of unequal pay on the basis of sex. In this regard, the Committee understands from the information provided by the DA and attached to the Government’s report, that equal pay tribunals were to be established in other sectors of activity. The Committee also notes from the 2010 Equal Pay Review that the social partners remain very active in promoting the principle of equal remuneration for men and women for work of equal value by making recommendations, providing training sessions, organizing seminars and forums and disseminating information on equal pay. The Committee asks the Government to provide information on the functioning of the equal pay tribunal and on any further action taken by the social partners to establish equal pay tribunals in other sectors of activity. It also asks the Government to provide information on any decisions of such tribunals or the courts relating to the principle of equal remuneration. Please also continue to provide information on any initiatives taken by the social partners to promote and apply the principle of equal remuneration for men and women for work of equal value, including in the agricultural sector.

Other measures to address the gender pay gap. The Committee notes the Government’s indication that the “Charter for more women in management” has so far been signed by 115 companies in both the private and the public sectors, exceeding the target of 100. According to a follow-up study conducted in 2010 to assess the progress achieved by 25 participating enterprises, the majority of the surveyed enterprises work towards the achievement of the Charter commitments, by developing quantified targets, aimed at improving the access of women to executive positions, and implementing them within fixed time limits. The Committee further notes that the Ministry of Employment and Equality funded a study aimed at identifying and evaluating cultural barriers preventing women from accessing managerial positions in large companies. According to the study’s findings published in 2011, corporate culture plays a key role in fostering access to executive positions. The Committee also notes that the Government expects that the results of such a study will raise awareness in enterprises and help to adapt corporate cultures so as to create gender-neutral working environments. The Committee asks the Government to collect and provide information on the results achieved through the “Charter for more women in management” and on any other initiatives taken, in cooperation with the social partners, with a view to reducing pay differentials between men and women.

The Committee notes the Wage Commission’s report on “wages, gender, education and flexibility” of 2010 which highlighted the persistence of horizontal and vertical gender segregation in the labour market and analysed the differences in women’s and men’s recruitment and career patterns in the public sector. In doing so, the study revealed a “sliding gender division effect”, that is that women and men with the same training and in the same field of work often end up performing different tasks. According to the findings, such effect is the result of informal and invisible mechanisms based on societal expectations for men and women, social norms and parenthood. The Committee further notes that, according to the LO, recommendations made by the Wage Commission with respect to the principle of equal remuneration and the issues of gender segregation in the labour market have so far remained without effect. The Committee asks the Government to provide more information on the recommendations of the Wage Commission and on any follow-up action taken in this regard. The Committee also asks the Government to provide information on any measures taken or envisaged with a view to narrowing the gender pay gap and addressing occupational gender segregation in the labour market, including gender stereotypes influencing women’s and men’s choices about education and employment, and on the impact of such measures.

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

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:

Repetition

The Committee notes the comments of the Confederation of Danish Employers (DA), the Danish Confederation of Trade Unions (LO), the Confederation of Professionals in Denmark (FTF), the Danish Association of Local Government Employees’ Organisations (KTO), the Danish Confederation of Professional Associations (AC), and the Danish Christian Union, included in the Government’s report.

Assessing the gender wage gap. The Committee notes the statistics, disaggregated by sex, on employment in the various occupations in the communal and regional sectors for 2007 and 2008, and corresponding wages, confirming the gender segregation of the labour market and wage differentials between men and women. It further notes that according to the most recent available equal pay analyses, men earn on average between 17 and 21 per cent more than women. Some 70–80 per cent of the wage gap can be explained by the gender segregation of the labour market, and higher employment of women in the public sector and in industries where wages are lower than industries predominantly employing men; more men than women are also employed as managers and therefore earn more on average. The Committee asks the Government to continue to provide information on the evolution of the gender pay gap and its causes, including detailed information on the earnings of men and women, according to sector, educational level and occupational category, in the public and private sectors.

Legislation. The Committee notes that with a view to implementing the (recast) Directive 2006/54/EC of the European Parliament and the Council of 5 July 2006, the equal pay legislation has been amended and consolidated in the Danish (Consolidation) Act No. 899 of 5 September 2008 on Equal Pay to Men and Women. The Committee also notes the adoption of Act No. 387 of 27 May 2008 on the Board of Equal Treatment, which replaces the Board on Gender Equality and assumes the same powers. The Committee asks the Government to provide information on the practical application of the (Consolidation) Act No. 899 of 2008, as well as on its impact to reduce pay differentials between men and women. Please continue to provide information on cases brought before the Board of Equal Treatment and the courts relating to the application of the principle of the Convention.

Implementation of legislation. With respect to the implementation of the requirement under Act No. 899 of 2008 for employers employing 35 workers or more to prepare annually statistics disaggregated by sex, or alternatively, an equal pay report and action plan, the Committee notes that the FTF and the AC consider that more enterprises, especially smaller enterprises, should be required to prepare annual equal pay statistics. According to the LO, the demand for anonymity is making it difficult to use the statistics to identify possible differences in women’s and men’s wages at enterprise level contrary to the legislation. The FTF states that the wage statistics compiled for the public sector cannot be used for the purpose of equal pay as they do not give the possibility for comparisons between the private and public sectors. The Committee further notes that the social partners have continued to assist their membership in understanding equal pay statistics and making them operational and applicable. The Committee asks the Government to provide information on any measures taken or envisaged to address the comments raised by some of the social partners regarding the need to require smaller enterprises to prepare equal pay statistics, the possibility to identify and address discriminatory pay differences, and the possibility to compare wage statistics between the public and private sectors. Please also provide a copy of the report on the evaluation of the system regarding gender-segregated wage statistics to be prepared by the Minister of Employment and Gender Equality in 2009.

Objective job evaluation. The Committee notes that section 1(ii) of Act No. 899 of 2008 provides that the determination of the value of work shall be based on a general assessment of qualifications and other relevant factors. The Committee also notes the comments by the LO that the use of gender-neutral job evaluations would be an advantage for assessing equal pay for work of equal value and would promote an impartial setting of wages collectively as well as individually. According to the LO, the Government has not taken any steps to promote the use of such objective job evaluation systems. The Committee asks the Government to indicate whether methods of objective job evaluation are applied and, if not, whether and if so what measures are being taken or envisaged to promote the use of such methods with regard to both the public and the private sectors.

Workers’ and employers’ organizations. The Committee notes the information provided by the social partners on the conclusion of collective agreements that can impact directly or indirectly on promoting and ensuring equal pay through the provision of paternity leave and maternity leave entitlements, and overtime pay provisions for part-time workers. The Committee notes that LO has adopted an equal pay strategy containing 12 different initiatives partly directed towards collective agreements and the professional legal system, and partly towards legislation and other types of initiatives. The Committee welcomes the information provided by the social partners, and asks the Government to continue to provide such information in future reports. The Committee reiterates its request for information on any initiatives taken by the social partners to promote the principle of equal remuneration for men and women for work of equal value in the agricultural sector.

Other measures to address the gender wage gap. The Committee notes the initiatives by the Ministry of Employment and Gender Equality to reduce the gender wage gap, including the holding of equal pay seminars, and the launching in 2008 of the “Charter for more women in management”. The Charter, drawn up together with the public and private sector companies, aims to launch specific measurable initiatives in companies and organizations to increase the proportion of women at all levels of management. The Committee further notes the initiatives targeting young people’s choices about education and jobs. In this context, the LO states that no systematic action is taking place to address gender stereotypes influencing women’s and men’s choice about education and employment. The Committee asks the Government to continue to provide information on the measures taken with a view to addressing the underlying causes of the gender wage gap, in particular occupational gender segregation and stereotypical views and behaviour influencing women’s and men’s choices about employment and education, and on the impact of such measures. Please also provide information on the results achieved through the “Charter for more women in management” and in particular its impact on reducing pay differentials between men and women.

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

The Committee notes the comments of the Confederation of Danish Employers (DA), the Danish Confederation of Trade Unions (LO), the Confederation of Professionals in Denmark (FTF), the Danish Association of Local Government Employees’ Organisations (KTO), the Danish Confederation of Professional Associations (AC), and the Danish Christian Union, included in the Government’s report.

Assessing the gender wage gap. The Committee notes the statistics, disaggregated by sex, on employment in the various occupations in the communal and regional sectors for 2007 and 2008, and corresponding wages, confirming the gender segregation of the labour market and wage differentials between men and women. It further notes that according to the most recent available equal pay analyses, men earn on average between 17 and 21 per cent more than women. Some 70–80 per cent of the wage gap can be explained by the gender segregation of the labour market, and higher employment of women in the public sector and in industries where wages are lower than industries predominantly employing men; more men than women are also employed as managers and therefore earn more on average. The Committee asks the Government to continue to provide information on the evolution of the gender pay gap and its causes, including detailed information on the earnings of men and women, according to sector, educational level and occupational category, in the public and private sectors.

Legislation. The Committee notes with interest that with a view to implementing the (recast) Directive 2006/54/EC of the European Parliament and the Council of 5 July 2006, the equal pay legislation has been amended and consolidated in the Danish (Consolidation) Act No. 899 of 5 September 2008 on Equal Pay to Men and Women. The Committee also notes the adoption of Act No. 387 of 27 May 2008 on the Board of Equal Treatment, which replaces the Board on Gender Equality and assumes the same powers. The Committee asks the Government to provide information on the practical application of the (Consolidation) Act No. 899 of 2008, as well as on its impact to reduce pay differentials between men and women. Please continue to provide information on cases brought before the Board of Equal Treatment and the courts relating to the application of the principle of the Convention.

Implementation of legislation. With respect to the implementation of the requirement under Act No. 899 of 2008 for employers employing 35 workers or more to prepare annually statistics disaggregated by sex, or alternatively, an equal pay report and action plan, the Committee notes that the FTF and the AC consider that more enterprises, especially smaller enterprises, should be required to prepare annual equal pay statistics. According to the LO, the demand for anonymity is making it difficult to use the statistics to identify possible differences in women’s and men’s wages at enterprise level contrary to the legislation. The FTF states that the wage statistics compiled for the public sector cannot be used for the purpose of equal pay as they do not give the possibility for comparisons between the private and public sectors. The Committee further notes that the social partners have continued to assist their membership in understanding equal pay statistics and making them operational and applicable. The Committee asks the Government to provide information on any measures taken or envisaged to address the comments raised by some of the social partners regarding the need to require smaller enterprises to prepare equal pay statistics, the possibility to identify and address discriminatory pay differences, and the possibility to compare wage statistics between the public and private sectors. Please also provide a copy of the report on the evaluation of the system regarding gender-segregated wage statistics to be prepared by the Minister of Employment and Gender Equality in 2009.

Objective job evaluation. The Committee notes that section 1(ii) of Act No. 899 of 2008 provides that the determination of the value of work shall be based on a general assessment of qualifications and other relevant factors. The Committee also notes the comments by the LO that the use of gender-neutral job evaluations would be an advantage for assessing equal pay for work of equal value and would promote an impartial setting of wages collectively as well as individually. According to the LO, the Government has not taken any steps to promote the use of such objective job evaluation systems. The Committee asks the Government to indicate whether methods of objective job evaluation are applied and, if not, whether and if so what measures are being taken or envisaged to promote the use of such methods with regard to both the public and the private sectors.

Workers’ and employers’ organizations. The Committee notes the information provided by the social partners on the conclusion of collective agreements that can impact directly or indirectly on promoting and ensuring equal pay through the provision of paternity leave and maternity leave entitlements, and overtime pay provisions for part-time workers. The Committee notes that LO has adopted an equal pay strategy containing 12 different initiatives partly directed towards collective agreements and the professional legal system, and partly towards legislation and other types of initiatives. The Committee welcomes the information provided by the social partners, and asks the Government to continue to provide such information in future reports. The Committee reiterates its request for information on any initiatives taken by the social partners to promote the principle of equal remuneration for men and women for work of equal value in the agricultural sector.

Other measures to address the gender wage gap. The Committee notes the initiatives by the Ministry of Employment and Gender Equality to reduce the gender wage gap, including the holding of equal pay seminars, and the launching in 2008 of the “Charter for more women in management”. The Charter, drawn up together with the public and private sector companies, aims to launch specific measurable initiatives in companies and organizations to increase the proportion of women at all levels of management. The Committee further notes the initiatives targeting young people’s choices about education and jobs. In this context, the LO states that no systematic action is taking place to address gender stereotypes influencing women’s and men’s choice about education and employment. The Committee asks the Government to continue to provide information on the measures taken with a view to addressing the underlying causes of the gender wage gap, in particular occupational gender segregation and stereotypical views and behaviour influencing women’s and men’s choices about employment and education, and on the impact of such measures. Please also provide information on the results achieved through the “Charter for more women in management” and in particular its impact on reducing pay differentials between men and women.

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

Assessment of the gender wage gap. The Committee notes that, according to EUROSTAT, in 2006 women’s average gross hourly earnings were 17 per cent lower than men’s. In its report, the Government indicates that the 2004 Report on Wage Gaps between Women and Men in Denmark showed that the persistent gender wage gap is mainly due to differences in levels of education, work experience and the fact that men and women perform different jobs both in the public and the private sectors. Assessments of the gender pay gap made by the social partners led to similar conclusions. The Committee asks the Government to continue to provide information on the evolution of the gender pay gap and its causes, including detailed statistical information on the earnings of men and women according to sector, educational level and occupational category.

Legislation and its implementation. The Committee notes that on 1 January 2007 the amendments to the Equal Pay Act entered into force, pursuant to which employers employing 35 or more workers are required to prepare annually gender-disaggregated statistics or, alternatively, an equal pay report and action plan. It notes that the Ministry of Employment, in collaboration with the Ministry of Equality, the Confederation of Danish Employers (DA) and the Danish Confederation of Trade Unions (LO) prepared a guide on equal pay to support individual enterprises in promoting the principle of equal remuneration, as required under the Equal Pay Act. The Committee further notes that 12 cases concerning non-compliance with the Equal Pay Act have been brought before the Gender Equality Board since its establishment in 2000. In three of the eight cases filed by women, the complainants were successful and the Board ordered that compensation should be paid for the different remuneration received by these women in comparison to their male colleagues performing the same job. The other cases concerned unequal pay in the Danish Defence; however, the Gender Equality Board was not competent to rule on the matter at is came under the Danish Act on Military Service. The Committee asks the Government to:

(a)   provide information on the implementation of the Equal Pay Act, particularly with regard to the obligation of employers to collect and analyse wage statistics or to establish equal pay reports and action plans. In this regard, the Committee asks the Government to provide information on the level of compliance with these obligations and the practical experiences of enterprises. Please also provide examples of workplace measures that led to a reduction of the gender wage differentials;

(b)   indicate any further developments concerning the adoption of the Bill on a maternity equalization scheme to which the Government referred in its previous report;

(c)   continue to supply information on any cases brought before the Gender Equality Board and the courts relating to the application of the principle of the Convention.

Employers’ and workers’ organizations. The Committee notes that DA and LO agreed on new parental leave entitlements designed to encourage fathers to make use of such leave, with a view to promoting equal remuneration between men and women. Additionally, a number of practical tools have been developed by the LO to promote equal pay at the workplace. The Committee, however, also notes that no agreement was reached between the Danish Confederation of Employers’ Associations in Agriculture and the LO as regards the promotion of the principle of equal pay in the agricultural sector. The Committee asks the Government to continue to provide information on the initiatives taken by the social partners to promote the principle of equal remuneration for men and women for work of equal value, notably in the agricultural sector, and on their impact.

Other measures to address the gender pay gap. The Committee notes that in 2006 the Government published a report entitled “Women’s and men’s education, how do we soften the gender-segregated choices of education and occupation and the gender-segregated labour market?” which contains a set of recommendations to address occupational sex segregation in the labour market. It also notes that the Ministry of Employment is mainstreaming gender issues into its legislative work, ensuring that each Bill is analysed from a gender perspective. The Committee asks the Government to continue to provide information on the measures taken with a view to addressing the underlying causes of the gender wage gap and on the impact of such measures. Please also indicate the specific measures being taken to promote objective methods of job evaluation based on criteria that are free from gender bias.

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

The Committee notes the detailed information contained in the Government’s report, the attached legislation and the additional information.

1. Gender wage gap. The Committee notes the Government’s statement that the labour market situation for women and men has not changed significantly since its previous report, and that wage differentials between women and men are changing slowly. The Government also states that gender segregation of the labour market and structural factors continue to be the main reason for wage differentials, and in order to secure equal remuneration for all men and women for work of equal value, continued action will be required. It notes in this respect the Government’s statement that maintaining employers’ and workers’ interest in wage developments between men and women workers at the company level contributes to reducing wage differentials; however, as it is difficult to quantify the effect one initiative will have, it is important that the reduction of wage differentials between men and women continues to have a high priority on the agenda for all parties concerned. With respect to the previously mentioned gender equality agreement concluded by the social partners on the county and municipal sector, which ended in October 2004, the Committee notes the Government’s statement that a subsequent review indicated that there are no longer any gender-related wage differentials in the municipal sector. The Committee asks the Government to continue to provide information regarding the gender pay gap in the public sector, as well as in the private sector, and to include an analysis of the distribution of the remuneration levels of women and men, broken down by sector, education level and occupational category. With respect to the review of wages in the municipal sector, the Committee would appreciate receiving further information, including whether comparisons were made across different occupational categories and branches.

2. Article 2 of the Convention. Legislative developments. The Committee notes with interest the amendments to the Gender Equality Act (Act No. 553 of 2002) establishing a permanent Gender Equality Board and transferring the competence to institute legal proceedings from the Minister to the secretariat. The Committee also understands that the Equal Pay Act has been amended by Act No. 906 of 27 August 2006, and that section 5(a) has been added, introducing the requirement that gender-segregated wage statistics be prepared annually by employers employing 35 workers or more. The provision also permits such employers to prepare a report on equal pay, with the agreement of the workers, instead of providing statistics. This report is to contain a description of the conditions that are important for determining the wage and establish an action plan for equal pay for work of equal value to be implemented within a three-year period. The Committee notes the Government’s statement that the purpose of the amendments is to promote visibility and information about wage differentials. The Committee also notes the order issued by the Minister of Gender Equality on 29 March 2004 providing that certain gender equality measures can be initiated without dispensation (which was previously required) for a period of two years if either gender represents only 25 per cent or less in a specific area. Furthermore, the Committee notes that the Government was planning to submit a bill on a maternity equalization scheme for the private sector, which would be mandatory for employers not party to a centralized collective agreement, to strengthen women’s position on the labour market by levelling out employer payroll costs during absence due to maternity or parental leave. The Committee asks the Government to provide information on any proceedings brought before the Gender Equality Board with respect to equal remuneration for work of equal value, and the results thereof. Please also keep the Committee informed regarding the practical application of the amendments to the Equal Pay Act, and regarding any developments with respect to the adoption of the Bill on a maternity equalization scheme.

3. Promotional measures. The Committee notes the numerous initiatives planned and being undertaken to promote equal pay. One such initiative, which is a collaborative effort between the Department of Gender Equality, the Ministry of Employment, the Confederation of Danish Employers (DA) and the Danish Confederation of Trade Unions (LO), involves interviewing companies and issuing guidance notes to support efforts to promote equal pay for work of equal value, including through wage negotiations, and providing specific tools, methodology and advice on how wage differentials can be reduced. In addition, an inter-ministerial working group is to submit a report in 2006 on the characteristics of the gender-segregated labour market in Denmark, which will examine gender-segregated choices in education and employment, and who influences those choices. The Department of Gender Equality, the Ministry of Employment and the Ministry of Education have also commissioned a survey to examine the segregated labour market, focusing in particular on the horizontal division and the sliding gender-based distribution of labour in the workplace (women having received the same education and training or having the same qualifications, but still performing different functions at the same workplace and receiving different remuneration). The survey will contain specific recommendations on how to address gender segregation in the labour market. The Committee further notes that the employment service system, as from 2002, introduced gender mainstreaming in selected core services to promote a more flexible labour market and to contribute to breaking down gender segregation. The Committee asks the Government to continue to provide information regarding the practical measures taken or envisaged to promote equal remuneration for men and women for work of equal value. It also looks forward to receiving the results of the survey undertaken and the report of the inter-ministerial working group, and information on any follow-up foreseen. The Committee also asks the Government to provide information on the impact of the other promotional measures noted with respect to ensuring equal remuneration for men and women for work of equal value.

4. Article 4. Employers’ and workers’ organizations. The Committee notes that in 2003, the DA and the LO published a report on the wage gap between men and women showing that the gender-segregated labour market continues to be the main reason for wage differentials. The Committee notes the Government’s statement that, with the 2005 collective bargaining settlement, the Ministry of Finance and the Joint Committee of the Central Organizations (CFU) have entered into a revised agreement on balanced wage developments in the state sector labour market, agreeing to give attention to ensuring balanced wage developments in the new pay systems, particularly among different staff groups, and ensuring that no gender-based inequalities develop in the local wage structure. The Committee also notes that both the DA and the LO in 2004 introduced a maternity equalization scheme to level out companies’ expenses relating to the collective agreement when a worker takes maternity or parental leave. Furthermore, in 2005, the municipal parties (Local Government Denmark (KL) and the Salaried Employees’ and Civil Servants’ Confederation (FTF)) implemented a number of initiatives to improve pay-related gender equality, including a maternity equalization scheme. The Committee asks the Government to provide information on the results achieved through collective agreements or other initiatives of the social partners relating to equal remuneration for men and women for work of equal value, and to keep the Committee informed of any further initiatives in this regard.

5. With respect to its previous request for information, the Committee notes the Government’s statement that it has no new information with respect to the agreement reached between the LO and the agricultural sector for the entitlement of trade unions to receive relevant data so as to determine whether there is a basis for taking legal action in equal remuneration cases, and that the legal database linked to the activities of the Minister of Equality, the Knowledge Centre and the Equal Status Board, referred to previously, has not been realized due to lack of resources. The Committee asks the Government to provide any information regarding the practical application of the agreement between the LO and the agricultural sector in its next report.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee takes note of the Government’s report and of the attached publications that include legislation.

1. Article 2(1) of the Convention. In its previous report the Committee asked the Government to provide information on the implementation of the Act on equality between women and men (Act No. 388). The Committee notes with interest the Government’s statement indicating that since 2001 the gender equality section has been working on the implementation of the mainstreaming strategy as prescribed by Act No. 388, and that this work is based on an interministerial steering group, which has drawn up a framework action plan for 2002-06 that was enclosed to the report. It also notes that the Minister for Gender Equality submits every year a statement, a perspective and a ministerial action plan on gender equality, including initiatives on equal pay and the gender segregated labour market, and that it has enclosed a copy of the latest action plan from March 2002 to the report.

2. The Committee also notes with interest the adoption of the Act on Gender Equality of 30 May 2002, according to which municipal authorities have a statutory obligation to give a report on gender equality every second year; of the Consolidation Act No. 553 of 2 July 2002 that prescribes compensations to the aggrieved person due to violation of Act No. 373; and of the amendments to Act No. 445 of 7 June 2001, under which an employee has the right to pass on information relating to his/her own wage conditions to anyone.

3. The Committee takes note of the information provided in the Labour Market Report, 2001, a copy of which is attached to the report, according to which women continue to dominate in the health and pedagogical educations, while a greater proportion of men are trained as skilled craftsmen and in technical fields. It states also that differences between men and women are reflected in branches and labour functions. It also notes the Government’s indication that an agreement has been reached by the county/municipal parties to carry out a project that focuses on wage formation, including gender-based wage differentials between the private and county/municipal sector. The Committee hopes that the Government will take into account the findings of the abovementioned report and of the project to reduce the gap between men’s and women’s remuneration levels and to eliminate horizontal and vertical segregation.

4. The Committee hopes that the Government will continue to provide information on the impact of the abovementioned activities and legislation on reducing the existing remuneration gap, mainly in the private sector, and the occupational segregation in both private and public sectors.

5. The Committee notes with interest the Government’s indication that according to the Union of Commercial and Clerical Employees in Denmark, women’s wages have risen up to 1 per cent more than those of men in the private labour market. In its previous comments the Committee asked the Government to keep it informed regarding measures aimed at reducing the wage differences between men and women, particularly men and women covered by collective agreements. The Committee notes the information indicating that both the Danish Employers’ Confederation (DA) and the Confederation of Danish Trade Unions (LO) consider that the problem of unequal pay is not related to collective bargaining and that it is even higher in sectors without collective agreements. The Committee notes that the Ministries of Employment and Gender Equality, the Centre for Equal Opportunities Research and five municipalities participate in a project to develop tools to ensure gender-neutral collective bargaining. The Government states that its task is to make sure that the most recent knowledge on gender equality on the labour market becomes available at seminars, conferences and via reports, and to put that knowledge into practical use in the enterprises and to influence collective agreements. It also notes that in the summer of 2002 the DA and the LO launched an analysis work with a view to establishing a joint analytical reference framework for an equal pay debate in connection with collective bargaining in the field of the DA and LO in 2004, and the launch of the campaign called "close the wage gap" by the LO. The Committee hopes that the Government will provide information with its next report on the impact of these activities to reduce the wage gap between men and women in the private sector, and to provide relevant statistical data.

6. Article 2(2)(b). Referring to its previous comments on the new decentralized wage system, the Committee notes the information in the Government’s report indicating that the statistics disaggregated by sex since 1999 have given no indication as to whether the new wage system favours one sex rather than the other. It notes with interest that in 2002 the Ministry of Finance and its counterpart agreed to ensure a balanced wage development in the new wage systems, which means that gender-based differences should not develop in the local wage formation. The Committee asks the Government to continue to provide information on the activities carried out to ensure the application of the principle of equal pay between men and women in the new wage systems.

7. Article 3. The Committee takes note of the information provided in the Labour Market Report 2001, according to which even the most advanced statistical methods cannot fully incorporate all the factors which enter into the determination of the individual’s salary, and that factors such as ability to cooperate, work efficiency or degree of personal involvement with the job cannot be measured. However, the report states that the greater part of the difference between men’s and women’s wages is due to education, job, branch, and labour market experience. It also notes that the Government has attached the report on job evaluation and equal remuneration published in January 2001 as it was requested in its previous comments. However, as it is in the Danish language, it was not possible at this session to examine this report, and the Committee may comment on it at its next session.

8. The Committee notes that in the spring of 2001 the LO and the agricultural sector agreed on provisions determining that the trade unions are entitled to receive relevant data so as to determine whether there is a basis for taking legal action in equal remuneration cases, which will improve the opportunities to monitor and sanction breaches of equal remuneration provisions. The Committee asks the Government to provide information on this data and it reiterates its previous request to the Government to provide information on how the legal database is linked to the activities of the Minister of Equality, the Knowledge Centre and the Equal Status Board in promoting equal pay for work of equal value.

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

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:

The Committee notes the information in the Government’s report, and the attached documentation. However, as most of the appendices were in the Danish language, it was not possible at this session to examine all of the information provided in the appended texts and the Committee may therefore raise questions on such information at its next session.

1. The Committee notes from the Government’s report the existence of a fairly constant wage gap between women and men over the past 15 years (1985 to 2000). The report on wage differences between men and women co-published by the Ministry of Labour and the Equal Status Council in June 2000 attests to this fact as denoted in the various tables included in the report, e.g. the hourly wage rate in the private sector in 1996 was 153.2 kroner for men and 126.2 kroner for women (a difference of 20.9 per cent), while in the public sector it was 147.0 kroner for men and 132.8 kroner for women (a difference of 10.7 per cent). The Committee notes that the report indicates that, after taking into account factors such as seniority, educational level, professional experience and use of leave schemes, the only explanation for the remaining wage differential is gender. It also notes that the Ministry of Labour has launched an initiative to analyse the importance of negotiation mechanisms for wage differences between men and women as a means of determining which wage factors lead to equal pay and which further increase wage differences (Equality at Work, Ministry of Labour, June 1996).

2. Regarding the project on Enterprise-Based Wage Fixing, the Committee notes that it has completed its work and has come to the conclusion that there is a tendency towards smaller wage differences between men and women when they are not covered by collective agreements, and that both male and female employees not covered by collective agreements receive salaries higher than those covered by collective agreements. While noting the reason for lower overall wages, the Committee would appreciate receiving an explanation from the Government as to the reasons why a wider wage gap exists between men and women covered by collective agreements. In this respect it notes that, as a result of the last round of collective bargaining conducted in February 2000, the Danish Employers’ Confederation (DA) and the Danish Confederation of Trade Unions (LO) have agreed to investigate and monitor equality and non-discrimination more closely and a report of their work will be presented by March 2002. The Committee asks the Government to keep it informed regarding measures aimed at reducing the wage differences between men and women, particularly men and women covered by collective agreements and including statistical information allowing for an assessment of progress made in securing equal remuneration for women and men.

3. The Committee notes that in June 2000 the Ministry of Labour initiated a job evaluation project in order to study the effects of the job evaluation systems currently in use on wage differences; and the impact of job evaluation as an instrument to achieve pay equity. It notes that the project will also attempt to address the need to ensure that job evaluations are undertaken in a gender-neutral manner, balancing the strengths and values of the tasks performed by men and women. In addition, the project will examine the different components of equal pay, and the criteria used to classify jobs, given that a systematic comparison of jobs may be a means to define work of equal value and may thereby become an effective tool for achieving equal remuneration. The Committee asks the Government to provide a copy of the report when it is finalized.

4. Regarding the new decentralized wage system, the Committee notes that it is based on a fixed basic pay rate with additional bonuses paid in a systematic and transparent manner. However, it also notes the Government’s indication that, although it is too early to draw any conclusions, preliminary surveys indicate that the new wage system will have the effect of increasing the wage gap between men and women. In this respect, it notes that the Ministry of Labour has implemented a project on the linkages between work planning, staff policy, enterprise-based wage formation and the development of a new wage system from a gender policy perspective, the results of which were presented at a 1999 equal remuneration conference. The Committee asks the Government to keep it informed as to the results of the new wage system in promoting equal remuneration for work of equal value.

5. The Committee notes the information regarding the legal database on relevant equality issues, which contains information on approximately 1,000 decisions, including seven decisions issued by the Equal Status Council on equal remuneration. It notes with interest the judgement of the European Court of Justice in Case No. C-66/96 on equal treatment for men and women as regards access to employment, vocational training and promotions, and working conditions, as well as the information regarding the amendment of the Salaried Employee Act to bring national legislation into conformity with European Community law. The Committee further notes the information regarding Case No. F-0008-97, where the Court rejected the equal pay claim of a female worker since it held that the work was not comparable, but nevertheless awarded her compensation equivalent to six months’ salary for unjustified dismissal amounting to retaliation for lodging the complaint. With the new institutional framework for equality issues provided by the Minister of Equality, the Knowledge Centre and the Equal Status Board, and the relevance of the database to their work, the Committee asks the Government to provide information on how the database is linked to their activities in promoting equal pay for work of equal value.

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

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

The Committee notes with interest the adoption on 30 May 2000 of an Act on Equality between Women and Men (Act No. 388) aimed at mainstreaming the principle of equality into statutory form as a basic element in the promotion of equality. It notes from the Government’s report that the new Act replaces the Equal Status Council with a three-tiered structure comprising of the Minister of Equality, a research and documentation centre on equality (the Knowledge Centre) and an independent body known as the Equal Status Board. In this respect, the Committee notes that the Minister is responsible for mainstreaming gender issues and for devising and implementing action plans to promote equality generally, as well as for coordinating the work of other ministries in this area. The Equal Status Board is responsible for the handling of all gender discrimination complaints with the exception of those cases which fall under the industrial system. Thus, the Board only deals with complaints from organized employees if the employee can prove that his or her union will not take up the complaint and in this way acts as a safety net. It notes also that the Board can monitor the application of the new Equality Act, the Equal Treatment Act and the Equal Remuneration Act and can award compensation for violations. The Committee asks the Government to provide information in its next report on the implementation of Act No. 388, including the work of the Minister for Equality, the Knowledge Centre and the Equal Status Board, relevant to the promotion of equal pay for work of equal value.

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

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

The Committee notes the information in the Government’s report, and the attached documentation. However, as most of the appendices were in the Danish language, it was not possible at this session to examine all of the information provided in the appended texts and the Committee may therefore raise questions on such information at its next session.

1.  The Committee notes from the Government’s report the existence of a fairly constant wage gap between women and men over the past 15 years (1985 to 2000). The report on wage differences between men and women co-published by the Ministry of Labour and the Equal Status Council in June 2000 attests to this fact as denoted in the various tables included in the report, e.g. the hourly wage rate in the private sector in 1996 was 153.2 kroner for men and 126.2 kroner for women (a difference of 20.9 per cent), while in the public sector it was 147.0 kroner for men and 132.8 kroner for women (a difference of 10.7 per cent). The Committee notes that the report indicates that, after taking into account factors such as seniority, educational level, professional experience and use of leave schemes, the only explanation for the remaining wage differential is gender. It also notes that the Ministry of Labour has launched an initiative to analyse the importance of negotiation mechanisms for wage differences between men and women as a means of determining which wage factors lead to equal pay and which further increase wage differences (Equality at Work, Ministry of Labour, June 1996).

2.  Regarding the project on Enterprise-Based Wage Fixing, the Committee notes that it has completed its work and has come to the conclusion that there is a tendency towards smaller wage differences between men and women when they are not covered by collective agreements, and that both male and female employees not covered by collective agreements receive salaries higher than those covered by collective agreements. While noting the reason for lower overall wages, the Committee would appreciate receiving an explanation from the Government as to the reasons why a wider wage gap exists between men and women covered by collective agreements. In this respect it notes that, as a result of the last round of collective bargaining conducted in February 2000, the Danish Employers’ Confederation (DA) and the Danish Confederation of Trade Unions (LO) have agreed to investigate and monitor equality and non-discrimination more closely and a report of their work will be presented by March 2002. The Committee asks the Government to keep it informed regarding measures aimed at reducing the wage differences between men and women, particularly men and women covered by collective agreements and including statistical information allowing for an assessment of progress made in securing equal remuneration for women and men.

3.  The Committee notes that in June 2000 the Ministry of Labour initiated a job evaluation project in order to study the effects of the job evaluation systems currently in use on wage differences; and the impact of job evaluation as an instrument to achieve pay equity. It notes that the project will also attempt to address the need to ensure that job evaluations are undertaken in a gender-neutral manner, balancing the strengths and values of the tasks performed by men and women. In addition, the project will examine the different components of equal pay, and the criteria used to classify jobs, given that a systematic comparison of jobs may be a means to define work of equal value and may thereby become an effective tool for achieving equal remuneration. The Committee asks the Government to provide a copy of the report when it is finalized.

4.  Regarding the new decentralized wage system, the Committee notes that it is based on a fixed basic pay rate with additional bonuses paid in a systematic and transparent manner. However, it also notes the Government’s indication that, although it is too early to draw any conclusions, preliminary surveys indicate that the new wage system will have the effect of increasing the wage gap between men and women. In this respect, it notes that the Ministry of Labour has implemented a project on the linkages between work planning, staff policy, enterprise-based wage formation and the development of a new wage system from a gender policy perspective, the results of which were presented at a 1999 equal remuneration conference. The Committee asks the Government to keep it informed as to the results of the new wage system in promoting equal remuneration for work of equal value.

5.  The Committee notes the information regarding the legal database on relevant equality issues, which contains information on approximately 1,000 decisions, including seven decisions issued by the Equal Status Council on equal remuneration. It notes with interest the judgement of the European Court of Justice in Case No. C-66/96 on equal treatment for men and women as regards access to employment, vocational training and promotions, and working conditions, as well as the information regarding the amendment of the Salaried Employee Act to bring national legislation into conformity with European Community law. The Committee further notes the information regarding Case No. F-0008-97, where the Court rejected the equal pay claim of a female worker since it held that the work was not comparable, but nevertheless awarded her compensation equivalent to six months’ salary for unjustified dismissal amounting to retaliation for lodging the complaint. With the new institutional framework for equality issues provided by the Minister of Equality, the Knowledge Centre and the Equal Status Board, and the relevance of the database to their work, the Committee asks the Government to provide information on how the database is linked to their activities in promoting equal pay for work of equal value.

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

The Committee notes the detailed information provided in the Government’s report, and the attached documentation.

1.  The Committee notes with interest the adoption on 30 May 2000 of an Act on Equality between Women and Men (Act No. 388) aimed at mainstreaming the principle of equality into statutory form as a basic element in the promotion of equality. It notes from the Government’s report that the new Act replaces the Equal Status Council with a three-tiered structure comprising of the Minister of Equality, a research and documentation centre on equality (the Knowledge Centre) and an independent body known as the Equal Status Board. In this respect, the Committee notes that the Minister is responsible for mainstreaming gender issues and for devising and implementing action plans to promote equality generally, as well as for coordinating the work of other ministries in this area. The Equal Status Board is responsible for the handling of all gender discrimination complaints with the exception of those cases which fall under the industrial system. Thus, the Board only deals with complaints from organized employees if the employee can prove that his or her union will not take up the complaint and in this way acts as a safety net. It notes also that the Board can monitor the application of the new Equality Act, the Equal Treatment Act and the Equal Remuneration Act and can award compensation for violations. The Committee asks the Government to provide information in its next report on the implementation of Act No. 388, including the work of the Minister for Equality, the Knowledge Centre and the Equal Status Board, relevant to the promotion of equal pay for work of equal value.

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

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

The Committee notes the information contained in the Government's report and the detailed documentation attached.

1. The Committee notes from the statistical data in the annual report of 1997 of the Equal Opportunities Commission that the wage gap between men and women has not changed significantly over the last few years, remaining largest in the private sector, and significant in the public sector. In this regard, the Committee notes that the Ministry of Labour has launched a project on enterprise-based wage fixing, which will examine enterprise-based wage determination from an equal remuneration perspective. The Committee also notes the Government's statement that a much better statistical database is now available and that the Government is currently examining how this data can be used in the best possible manner. The Committee requests the Government to keep it informed on the project on enterprise-based wage fixing and the use of the new statistical database, and to provide information on any other measures taken or contemplated, which contribute to the effective realization of the principle of the Convention, including measures taken to improve the position of women in the labour market. Please also continue to supply statistical information to allow for an assessment of progress made towards the achievement of equal remuneration between men and women.

2. The Committee notes that a new wage system has been introduced in the public sector as of January 1998, which includes a basic pay rate, agreed upon at the central level, supplemented with centrally, decentrally or locally agreed allowances based on special functions attached to the job, or group of jobs, and on the employee's personal qualifications and performance. The wage system will also attempt to achieve a balance between public sector positions and similar positions on the private labour market. An additional performance-related pay element, which is to be agreed upon decentrally or locally, may be granted. The Committee requests the Government to provide, in its next report, information on the specific criteria determining "the special functions attached to the job and the personal qualifications and performance of the employee". The Committee notes that the new system continues the trend to further decentralize wage determination to individual workplaces and that it will change the wage-setting process dramatically. In this regard, the Committee recalls the findings in the report on the Danish Gender Wage Gap in the 1980s, which indicate that institutional changes in the general wage-setting process towards a more decentralized wage structure partly explained the stagnation in the equalization of the wage gap between men and women in the 1980s. Further, the local pay pools system -- which, according to the Government in its previous reports, strengthened the possibility of pursuing an equality policy -- would no longer be applied to those covered by the new pay system. The Committee thus requests the Government to indicate, in its next report, the measures taken or contemplated to promote the implementation of the principle of equal remuneration between men and women for work of equal value in the new pay system in the public sector and to provide statistics on the wage supplements granted on the basis of decentralized negotiations. Please also supply copies of the collective agreements agreed upon under the new system. With regard to local pay and remuneration of chief executives, the Committee requests the Government to keep it informed of any new pay system agreed upon in the future for this category of workers, and to provide a copy of the new manual on local pay and remuneration of chief executives, which will replace the 1993 Guide on Local Pay and Remuneration of Chief Executives.

3. In connection with arbitration and court cases concerning equal remuneration between men and women and information on the inspections carried out by the Equal Status Council in enterprises concerning equal pay, the Committee notes from the report of the Government that the Council has not yet carried out any investigations at the work place and has treated the five cases brought before it in 1996 and 1997 on the basis of the information submitted by the parties concerned. It further notes the Government's statement that the lack of competence of the Council to decide cases and to subpoena evidence may influence the falling number of cases brought before the Council, since a similar decline is not observed in the courts or in the industrial relations system. In this connection, the Committee notes that the future structure of the Equal Status Council is currently being discussed. It requests a copy of the report on the outcome of the discussions which, according to the Government, would be available in the latter part of 1998. The Committee further notes with interest that the Equal Status Council is currently establishing a database containing decisions on equality issues from the courts, the industrial system and statements from the Council's own case work. According to the Government, the database will be structured in such a way that it will be possible to monitor developments in Danish lawsuits concerning equal remuneration and the effect of the reversed burden of proof provided for in the Equal Remuneration Act. The Committee requests the Government to keep it informed of the developments in this regard and to continue to provide information on arbitration, court cases and cases (including case-related inspections) brought before the Equal Status Council concerning the application of the principle laid down in the Convention.

4. The Committee notes the various initiatives on gender-related problems in pension coverage (studies, projects, and a proposed Bill for the calculation of pension schemes on a gender-neutral basis) by the Minister of Economic Affairs, the Equality Status Council and the Ministry of Labour. The Committee requests the Government to keep it informed of the results of these initiatives.

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes the information supplied in the Government's report in answer to its previous direct request, particularly regarding the activities to promote the principle of equal remuneration for men and women conducted by the Equal Status Council - projects, conferences, seminars, the publication of books, etc. - and by the social partners.

1. In its previous direct request, the Committee asked the Government to provide information on inspections carried out by the Equal Status Council and on the practical impact of the reversal of the burden of proof in arbitration and court cases - following the amendment of the legislation on equal remuneration. It notes the Government's reply that there have as yet been no studies to evaluate the impact of the amendment of the legislation. The Committee also notes the information to the effect that the number of equal pay cases brought before the Equal Status Council has been falling owing to the fact that the social partners prefer to deal with such cases within the framework of the machinery set up to settle industrial disputes. It asks the Government to continue to provide information on arbitration or court cases concerning the application of the principle laid down in the Convention. Noting that the Government has not indicated whether the Equal Status Council has used its authority to inspect enterprises when dealing with specific cases concerning equal pay, the Committee again asks the Government to provide information on any such inspections.

2. The Government indicated previously that the Equal Status Council had undertaken a three-stage equal pay project and that the final report on the first stage (identification of the factors affecting wage determination in so far as they maintain the wage gap between the sexes) would be published in early 1994. The Committee accordingly requested the Government to supply a copy of the report, as well as further information on the other two stages of the project. The Committee notes that the Government has not provided a copy of the document in question but summarizes its conclusions, which indicate that the wage gap between men and women broadened slightly in the 1980s. According to the project report, this situation arose largely from the fact that, in the 1980s, the Government's policy on pay in the public sector was restrictive and aimed at keeping the development of wages in the public sector at a significantly lower level than in the private sector - and in Denmark nearly 50 per cent of the female labour force is employed in the public sector. Another factor might be the high level of unemployment among women. The Committee would be grateful if the Government would indicate what measures this report recommends to reduce the wage gap between men and women and whether the Government plans to implement them. With regard to the second stage of the project - compiling better statistics on remuneration using a better methodology - the Committee notes that the initial study is being conducted by the Centre for Labour Market and Social Analyses; the Committee hopes that the Government will keep it informed of developments in this respect.

3. The Committee notes that the copy of the Guide on Local Pay and Remuneration of Chief Executives from 1993, which the Government states was appended to the report, was not received. The Committee therefore again requests the Government to provide a copy of this document. Furthermore, it notes that, in 1995, adjustments were made to the scheme for the local wages of executive staff and that, according to the Government, this decentralization does not seem to have had a negative impact on equal pay for men and women. In this connection, the Committee again asks the Government to provide, if possible, statistics on the granting of wages and supplements from local pay pools. The Committee notes with interest that the Minister of Finance has strongly encouraged state institutions to pay special attention to the problem of women's share of executive posts, and has asked these institutions to encourage women's participation in management courses and to organize working hours more flexibly with a view to reconciling work and family obligations. More generally, the Committee notes that, following the United Nations Fourth World Conference on Women held in Beijing in 1995, the Government has asked all ministries and agencies to examine the possibility of incorporating the principle of equal treatment in the existing legislation, which is bound to have an impact on the application of the principle of equality of remuneration.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

With reference to its previous direct requests, the Committee notes the information supplied in the Government's report.

1. It notes with interest the amendments to the Equality of Treatment Act which strengthen the role of the Equal Status Council to allow it to inspect enterprises in relation to equal pay cases, as well as the amendments to the Equal Remuneration Act which introduce: (1) the right to claim equal pay with a male predecessor in the same job; (2) a clarification of the criteria for determining the value of the work; (3) the reversal of the burden of proof onto the employer who has to prove that the dismissal of an employee who had claimed equal pay was not due to this claim; and (4) the reversal of the burden of proof on to the employer who has to prove that a difference in pay is due to the work being of a different value. The Committee would like to receive information on any inspections carried out by the Council and information on the practical impact of the reversal of the burden of proof, for example in arbitration and court cases.

2. The Committee notes from the information supplied on the equal pay project being undertaken by the Equal Status Council that it is composed of three elements: (1) identifying the factors affecting wage determination in so far as they maintain the wage gap between the sexes; (2) establishing better statistical data on equal remuneration; and (3) studying the legal enforcement carried out by the Equal Status Council. Noting that the final report on the first part of the project will be published in early 1994, the Committee asks the Government to supply a copy of it with its next report as well as further information on the outcome of the study of the Equal Status Council.

3. Regarding public sector individual wage supplements, the Committee notes the information provided on how these are granted and particularly the trends in the use of the local pay pools. According to the Government, the granting of supplements to chief executives has not disadvantaged women; but women in the municipal sector only receive a small amount of the local pay supplements in relation to their percentage of the total staff. It also notes the policy in the state sector, emphasizing flexibility and decentralization as main principles in the management of the pay policy and the emphasis given to ensuring that decentralized pay fixing does not lead to inequality in remuneration due to sex-related factors.

The Committee would like to receive a copy of the Guide on Local Pay and Remuneration of Chief Executives from 1993 mentioned in the report, as well as information on any further steps taken to promote equality in remuneration in the implementation of these principles and statistics on the granting of wages and supplements from local pay pools.

4. The Committee notes with interest that, according to the national agreement, as from 1993, individual pay shall be fixed taking account of the rules of the Equal Remuneration Act and that the worker-employer "Cooperation Agreement" has led to the publication of an equality brochure and equal treatment initiatives in the Danish Employers' Federation. It also notes that the principle of equality in remuneration has been incorporated in two recent collective agreements. It asks the Government to continue to provide information on the efforts made to promote equality in remuneration in the conclusion of collective agreements.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee has noted the information supplied by the Government in its last report in reply to its previous direct request.

1. The Committee has noted the information on recent case law concerning equal pay and requests the Government to continue to supply such information in its next reports.

2. The Committee notes with interest the details on the equal pay project being undertaken by the Equality Council, which also forms part of the Nordic Equal Pay Project. The Committee requests the Government to supply information on the outcome of the national project in its next report.

3. The Committee notes that the negotiation of individual wage supplements is becoming more frequent in the public sector. It requests the Government to indicate the criteria on which these payments are made; and to provide information on the effect of this trend on the application of the Convention.

4. The Committee notes with interest that the Danish Employers' Confederation and the Federation of Danish Trade Unions have adopted supplementary provisions to the Cooperation Agreement under which the cooperation committees in undertakings are empowered to deal with equality questions and in particular can examine the principles for wage determination in individual enterprises. The Committee would be grateful if the Government would provide information concerning the implementation of this initiative.

5. According to the report, the Minister of Labour requested the social partners to evaluate how the principle of equality had been taken into account in the recently concluded bargaining round. The Committee would be grateful if the Government would provide information concerning the response to the Minister's request.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee notes the Government's report for the period ending 30 June 1989.

1. The Committee notes that the Equal Remuneration (Men and Women) Act was amended in 1989, to extend compensation for unfair dismissal, and to widen the powers of the Equality Council. It notes in particular that the Equality Council now has the power to investigate matters concerning the Equal Pay Act, either on its own initiative or acting on a request. The Committee requests the Goverment to continue to supply information on any action taken by the Equality Council in this respect.

2. The Committee notes the case law on section 1 of the Act, including the judgement of the Court of the European Communities of 17 October 1989 in the Danfoss case, and requests the Government to continue to supply information on the practical application of the Act.

3. In its previous comments, the Committee requested the Government to supply information on the branches of activity and the industrial sectors in which there were still discriminatory provisions in collective agreements concerning wages and supplementary social benefits, and on the progress achieved in attaining observance of the principle of equal remuneraton. It had further requested the Government to supply particulars concerning the way in which equivalence is measured in practice between the work performed by men and women, particularly in cases in which there is an occupational segregation based on sex. The Committee requested information in particular on all the measures that had been taken, in accordance with Article 3 of the Convention, to promote the objective appraisal of jobs on the basis of the work to be performed. The Committee referred in that connection to paragraphs 45 to 70 of its 1986 General Survey on Equal Remuneration in which examples can be found of the measures that may be taken in order to prevent certain criteria that appear to be neutral, of having the effect of maintaining discrimination based on sex. Lastly, the Committee requested the Government to supply full particulars on the measures that had been taken or were contemplated, in accordance with Article 4 of the Convention, to obtain the co-operation of the social partners in promoting the application of the principle of equal remuneration for work that is recognised to be of equal value.

The Committee notes that the Government's last report contains no replies to these requests. It asks the Government to provide such replies in its next report on the application of the Convention.