Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Equal Remuneration Convention, 1951 (No. 100) - Turkmenistan (Ratification: 1997)

Articles 1 to 4 of the Convention. Assessing and addressing the gender pay gap. Public service. In its previous comments, the Committee requested the Government to provide information on the concrete measures taken to address the gender pay gap by resolving its underlying causes and promoting women’s access to jobs with career prospects and higher pay, in particular in the agricultural sector. The Committee notes the Government’s indication according to which it has actively implemented the Programme of Improvement in the Areas of Employment and Job Creation in Turkmenistan 2015-2020. The Committee also observes that the Government stresses that: (1) despite the decrease in the gender pay gap from 13.7 per cent in 2019 to 10.4 per cent in 2020, the average monthly salary remains lower for women than for men in almost all economic sectors, even when both are employed in the same category; (2) women earn from 69.6 per cent of men’s salary in the public administration and defence sector to 95.1 per cent of men’s salary in the education sector; and (3) the reasons for such disparities concern the positions held by women in these sectors, the right of women with young children to refuse to work in particular conditions for which various allowances and supplements are payable, and men and women’s level of educational attainment. The Government stresses, however, that when women are employed in jobs that are of the same value as men’s, the principle of equal pay for work of equal value applies. In relation to education, the Committee notes the Government’s indication that gender imbalance is becoming smaller in all levels of education: girls accounted for 18.1 per cent of students entering basic vocational education in 2020 (17.5 per cent in 2019), 63.2 per cent of students entering intermediate vocational education (62.6 per cent in 2019), and 43.1 per cent of students entering higher vocational education (42.4 per cent in 2019). It also stresses that mass awareness-raising is conducted among girls and they are increasingly acquiring skills in promising new fields such as technology, physics, maths, and digital technology. The Committee observes the Government indication that, in the framework of the National Action Plan on Gender Equality for 2015–20 and the National Action Plan for Human Rights for 2016–20, the Women’s Union of Turkmenistan held: (1) an annual “Woman of the Year” competition which brought about the construction in society of a positive image of modern women managers and business people and helped involve women more actively in the development of public life in the country; and (2) the “Women in Science” competition which helps to combat gender stereotypes prioritizing innovation in the agro-industrial complex, fuel and fuel efficiency, chemical technology and the development of competitive new materials. The committee asks the Government to intensify its efforts to reduce the gender pay gap in all sectors of the economy and address the occupational gender segregation and its underlying causes. The Committee asks the Government to continue to provide statistical information on the earnings of men and women, disaggregated by economic activity and occupation, both in the public and private sectors, as well as in the informal economy, and any available information on the gender pay gap.

Equal remuneration for men and women for work of equal value. Public service. Referring to its previous comments regarding the application in practice of section 46(2) of Law No. 363-V on the Public Service, which provides that the remuneration of civil servants shall be determined on the basis of the principle of equal remuneration for work of equal value, the Committee notes the information provided by the Government according to which, by virtue of article 11 of the Law on Public Service, a register is to be created with a view to increasing the effectiveness of management of the staff and improving the system of recording, selecting, training, retraining, and upscaling staff. The Government explains that the register, which is currently being drawn up by the competent authorities, is composed of lists of positions in the “civil service”, “military service”, and “law enforcement service” and, in parallel, work is being undertaken to produce reports on the above groups of public servants. The Committee nonetheless observes that the Government does not provide details on methods and criteria used for determining wage scales and other information previously requested. In light of the above, the Committee asks the Government to provide detailed information on the methods and criteria used to establish the register and how it is ensured that, when establishing job classifications and salary scales, the principle of equal remuneration for men and women for work equal value is taken into account, in accordance with Law No. 363-V on the Public Service. It also asks the Government to provide statistical information on the number of civil servants, disaggregated by sex, occupational category and position, and the average level of remuneration in each group of public service posts. It further asks the Government to indicate how it is ensured that men and women public servants have access to any additional payment or incentive provided for in sections 46(2) and (3) of the Law on the Public Service on an equal footing.

Article 2(1). Scope of application. Exclusion of certain categories of workers. On this point, the Committee refers the Government to its comment under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111).

Article 2(2). Minimum wages and collective agreements. In its previous comments, the Committee asked the Government to provide information on the measures taken to ensure that the remuneration rates fixed in collective agreements, as well as in minimum wage instruments, are free from gender bias. The Committee notes the Government’s statement that the rates of pay fixed in collective agreements and by minimum salary setting machinery are free from gender bias. The Government adds that: (1) as of 1 June 2020, 117 sectoral or intersectoral collective agreements had been concluded and that entity-level agreements contain mandatory provisions on forms and systems of pay, levels of remuneration, and monetary rewards, compensation, supplements, and allowances; (2) under article 354 of the Labour Code, the parties’ representatives, the entity’s workforce, the appropriate trade unions, and the competent bodies are to monitor the fulfilment of the obligations specified in an entity-level collective agreement; and (3) the signatories to the collective agreement must provide all the essential information in their possession for supervisory purposes and have to report on the fulfilment of those obligations at a general meeting of the entity’s workforce. The Committee also notes that, according to information provided by the Government, Article 306 punishes the breaches and non-fulfilment of obligations under a collective agreement at any level. The Committee also notes that in October 2018, the Parliament (Mejlis) adopted the Law on the Tripartite Commission for the Regulation of Social and Labour Relations, entrusted to consult social partners when the regulation of pay levels is drafted. While noting this information, the Committee reiterates its previous request and once again asks the Government to provide information on the measures taken to ensure that when remuneration rates are determined in collective agreements, as well as when minimum wage instruments are adopted, they are free from gender bias and based on objective criteria. The Committee asks the Government to provide examples of any collective agreements that include provisions on equal remuneration for men and women.

Articles 2 and 3. Determination of remuneration rates and objective job evaluation. In its previous comments, the Committee asked the Government to clarify the manner in which the provisions requiring that remuneration shall be determined according to the “quality and quantity of work” performed, combine with an objective job evaluation. The Committee notes that the Government refers to article 110 of the Labour Code which defines remuneration as “the monetary reward for work performed depending on the workers’ qualifications, the complexity, quality and quantity of the work performed / services provided, connected with working arrangements and conditions; it also includes incentive payments”. The Government highlights the point that that when setting the pay for both men and women, quantitative and qualitative criteria are used, but there is also a more objective evaluation of work. While the Government reiterates that the setting of pay rates is free from gender bias, the Committee recalls that while criteria such as quality and quantity of work may be used to determine the level of earnings, the use of only these criteria is likely to have the effect of impeding an objective evaluation of the work performed by men and women on the basis of a wider range of criteria which are free from gender bias. Furthermore, while the Convention does not prescribe any specific method for such an examination, Article 3 of the Convention presupposes the use of appropriate techniques for objective job evaluation, comparing factors such as skill, effort, responsibilities and working conditions (see General Survey on the fundamental Conventions, 2012, paragraphs 695–696). The Committee once again requests the Government to specify in detail the methods and factors used to assess the value of different jobs. It asks the Government to provide information on the measures taken to ensure that the selection of such factors for comparison, the weighing of such factors and the actual comparison carried out are not discriminatory, either directly or indirectly. The Committee further asks the Government to indicate the measures taken to promote the use of objective job evaluation methods with a view to ensuring that the principle of equal remuneration for men and women for work of equal value is reflected in any methods for determining or revising rates of remuneration beyond the minimum wage, and to provide information on any job evaluation exercises which were undertaken, and their outcome.