Demande directe (CEACR) - adoptée 2017, publiée 107ème session CIT (2018)

Convention (n° 100) sur l'égalité de rémunération, 1951 - Luxembourg (Ratification: 1967)

Articles 1 and 2 of the Convention. Gender pay gap and measures taken to remedy it. The Committee notes that, according to the information provided by the Government, the gender pay gap stands at 8.6 per cent. Moreover, the Committee welcomes the fact that, according to Eurostat data, the unadjusted gender pay gap (the difference between the average gross hourly earnings of men and women expressed as a percentage of the average gross hourly earnings of men) fell from 8.7 per cent in 2010 to 5.5 per cent in 2015. It also notes the Government’s reference in its report to “pay inequality” of about 8 per cent and its indication that the affirmative action programme, which encourages enterprises to draw up a plan of action covering aspects of equal treatment – including equal pay for equal work or work of equal value, and equality in terms of decision making and balancing work and family commitments – has been extended by increasing the number of participating enterprises and setting up a network for the exchange of good practices. The Committee notes that this programme has also been extended to the public sector. The Committee requests the Government to provide information on the content and scope of the affirmative action programme and on its impact on reducing gender pay gaps in both the public and private sectors. Recalling that occupational segregation is a deep-seated cause of pay gaps between men and women, the Committee requests the Government to indicate the measures taken to encourage women and men to diversify their occupational choices, and to enable women to advance in their careers and have access to positions of responsibility.

Article 1. Equal remuneration for work of equal value. Amendments to the legislation. While recalling that the principle of equal remuneration for work of equal value was already reflected in the Grand-Ducal Regulation of 10 July 1974, the Committee welcomes the insertion in the Labour Code of provisions reproducing the content of the Grand-Ducal Regulation, which in fact has been repealed, and adding a definition of the expression “work of equal value” and establishing penalties (fines) for employers for any failure to meet their obligation to pay equal wages for equal work or work of equal value (sections L.225-1–L.225-5). The Committee observes that the definition of the term “wages” used in the Labour Code corresponds to the definition provided by Article 1(a). The Committee requests the Government to provide information on the measures taken to raise awareness among workers, employers and their respective organizations of the new provisions concerning pay equality, in particular the definition of the expression “work of equal value” and the existence of penalties for non-observance. The Committee also requests the Government to provide information on the application of the provisions on pay equality between men and women in practice, particularly the number of infringements reported by the Inspectorate of Labour and Mines (ITM) and the penalties imposed.

Articles 2 and 4. Collective agreements. Collaboration with the social partners. In its previous comments, the Committee highlighted the fact that, according to a 2011 study, only 56 per cent of branch collective agreements concluded in 2005 and 2006 addressed the issue of equal pay, and it asked the Government to take steps to encourage the social partners to include in collective agreements clauses that deal with equal remuneration for work of equal value and to ensure that the criteria for the evaluation and classification of tasks laid down in collective agreements are objective and do not result in the undervaluation of jobs traditionally held by women in comparison with those traditionally held by men. In view of the lack of response from the Government on this point, the Committee reiterates its request for information, and asks the Government to provide extracts of collective agreements whose terms reflect the principle of equal remuneration for men and women for work of equal value.

Article 3. Objective job evaluation. With regard to the new version of the equal pay evaluation tool (Logib-Lux), the Committee notes the Government’s indication that since its introduction some 50 enterprises have used this tool as part of their participation in the affirmative action programme. The Committee also notes the Government’s indication that after the input of the pay data, an outcome report dealing with pay structures according to the sex of employees is sent to the enterprise and the report indicates possible ways to improve wage equality within the enterprise, taking account of the causes of inequalities that have been noticed. The Committee requests the Government to take steps to promote the use of the Logib-Lux evaluation tool among enterprises and workers’ and employers’ organizations, with a view to reducing pay inequalities and applying the principle of the Convention. It also requests the Government to continue supplying information on how the evaluation tool is actually used by enterprises, as part of the affirmative action programme or otherwise (number and size of the enterprises concerned, results of the evaluations undertaken and any adjustments made, etc.), and to provide examples both of possible improvements that have been suggested to enterprises and of good practices that have been implemented.