Demande directe (CEACR) - adoptée 2020, publiée 109ème session CIT (2021)

Convention (n° 100) sur l'égalité de rémunération, 1951 - Groenland

The Committee notes the observations of the Sulinermik Inuussutissarsiuteqartut Kattuffiat (SIK) (organization for skilled and unskilled workers) sent with the Government’s report. The Committee notes the Government’s first report and asks it to provide further information on the following points.

Article 1(a) of the Convention. Definition of equal remuneration for work of equal value. The Committee notes that, in its report, the Government refers to section 14 of the Parliamentary Act No. 3 of 29 November 2013 on equality between men and women which provides that women and men shall have equal remuneration for work of equal value. In this regard, it notes that although the Government indicates that equal remuneration covers all aspects of pay elements and pay terms, including benefits in kind, the term “remuneration” is not formally defined in the above-mentioned Act. The Committee wishes to draw the Government’s attention to the very broad definition of “remuneration” in Article 1(a) of the Convention and the fact that the term “remuneration” needs to be defined with rigour if the Convention is to be applied fully (see General Survey of 2012 on the fundamental Conventions, paragraphs 688 and 689). The Committee requests the Government to take the necessary measures to ensure the inclusion of a definition of “remuneration” in the legislation, in accordance with Article 1(a) of the Convention.

Article 1. Gender pay gap. Occupational segregation. The Committee notes that the Government recognizes that, on average, men have higher salaries than women and indicates that, as statistics do not take into account working hours and job functions, a substantial part of the pay gap can be explained by the fact that women more often work on part-time, and that there are more men than women on the job market. It adds that men are over-represented in various types of senior positions. The Committee also notes the comments from the municipality “Kommune Kujalleq”, included in the State report, pointing to an over-representation of men in different types of leadership positions in municipal administration. In this regard, the Committee observes that according to information brought by the Government before the UN Committee on Economic, Social and Cultural Rights (CESCR), the wage gap in Greenland has decreased by 1.5 per cent from 2012 to 2017, despite an increase of the presence of women in education, including higher education, and vocational training. The Government indicates that this gap is still substantial and partly due to the fact that traditionally male dominated jobs generally have higher salaries than traditionally female dominated jobs (E/C.12/DNK/Q/6/Add.1, paragraphs 70-71). The Committee also notes that pursuant to sections 6-9 of the Parliamentary Act No. 3 of 29th of November 2013 on equality between men and women, where the Government appoints or nominates members of boards of directors, boards of representatives and structures of collective management, the appointment shall be done with the view to ensuring gender equality criteria. According to information submitted by the Government to the UN Committee on the Elimination of Discrimination against Women (CEDAW), the Government of Greenland continues to focus on women in boards and management (CEDAW/C/DNK/9, para 213). The Committee would like to remind the Government that the continued persistence of significant gender pay gaps requires that goverments, along with employers’ and workers’ organizations, take more proactive measures to raise awareness, make assessments, and promote and enforce the application of the principle of equal remuneration for men and women for work of equal value (see General Survey of 2012, paragraph 669). The Committee also notes the recommendations made by the CESCR in its concluding observations that specific measures, such as transparency of remuneration and cross-sectoral valuation of jobs, be implemented in Denmark and its self-governing territories to ensure the effective realization of the right to equal pay for work of equal value (E/C.12/DNK/CO/6, paras. 32-33). The Committee asks the Government to provide information on: (i) the measures implemented to address the gender pay gap, including by identifying and addressing its underlying causes, such as vertical and horizontal occupational gender segregation and stereotypes regarding women’s professional aspirations, preferences and capabilities, their role in the family and the concentration of women in low-paid sectors, and by promoting women’s access to a wider range of jobs with career prospects and higher pay in the public and private sector; (ii) any assessment made of such measures and their effective impact in addressing the gender pay gap(iii) on the earnings and labour participation of men and women, by providing statistical information disaggregated by economic activity and occupation, both in the public and private sectors. The Committee also asks the Government to provide information on measures implemented to ensure the effective realization of the right to equal pay for work of equal value following the CESCR’s concluding observations.

Article 3. Objective job evaluation. The Committee notes the Government’s indication that, according to section 14(2) of the Parliamentary Act No. 3 of 29th of November 2013 on equality between men and women, the value of work must be assessed on the basis of an overall assessment of relevant qualifications and other relevant factors. In this regard, the Committee would like to recall that while the Convention does not prescribe any specific method for such an examination, Article 3 presupposes the use of appropriate techniques for objective job evaluation, comparing factors such as skill, effort, responsibilities and working conditions. Due to historical attitudes and stereotypes regarding women’s aspirations, preferences and capabilities, certain jobs are held predominantly or exclusively by women (such as in caring professions) and others by men (such as in construction). Often “female jobs” are undervalued in comparison with work of equal value performed by men when determining wage rates. The concept of work of equal “value” is fundamental to tackling occupational sex segregation in the labour market and requires some method of measuring and comparing the relative value of different jobs, encompassing work that is of an entirely different nature, which is nevertheless of equal value (see General Survey of 2012, paragraph 673). The Committee asks the Government to provide information on the practical application of section 14(2) of the Parliamentary Act No. 3 of 29th of November 2013 on equality between men and women, and to clarify: (i) whether this provision allows for the comparison of jobs that are not the same or broadly similar, but of an entirely different nature, to determine if they are of equal value, and (ii) whether such comparison examines the respective tasks involved and is based on factors such as skill, effort, responsibilities and working conditions.

Articles 2 and 4. Method of application of the principle of the Convention. Collective agreements. The Committee notes that the Government indicates that the principle of the Convention is mainly applied through the use of collective bargaining agreements, and that such agreements are based on the principle of equal remuneration and have a spill-over effect on employments not covered by collective agreements. It further states that workers’ and employers’ organizations are represented in the Gender Equality Council, according to Parliamentary Act No. 3 of 29th of November 2013 on equality between men and women (section 29(2)). In that respect, the Committee would like to recall that governments should take the necessary steps, in cooperation with the social partners, to ensure that provisions of collective agreements observe the principle of equal remuneration for men and women for work of equal value (see General Survey of 2012, paragraph 680). The Committee asks the Government to (i) provide additional information on how the principle of the Convention is addressed through collective bargaining, including by providing examples of collective agreements that reflect such principle; and (ii) clarify how the principle of equal remuneration for work of equal value applies in practice for workers that are not covered by collective agreements.

Promotion of the Convention. The Committee notes that, in its observation, SIK stresses that the public are largely unaware of the Convention and its significance in everyday life. The Committee notes the Government’s indication that the Gender Equality Council is mandated to promote equality between men and women in the Greenlandic society. Under the Parliamentary Act No. 3 of 29th of November 2013, the Gender Equality Council shall initiate activities of an informative and debate-creating nature, shall act as an advisory body for the public administration and its institutions, private companies and individuals in society, and may perform information work with the aim of changing the negative aspects of the traditional gender roles (section 27). The Committee asks the Government to provide information on concrete examples of awareness-raising activities carried out to promote a better understanding and improved application of the principle of equal remuneration for men and women for work of equal value, including by changing the negative aspects of traditional gender roles.

Enforcement. The Committee notes the Government’s indication that the Ministry of Mineral Resources and Labour is entrusted with the application of the Convention, and that the Gender Equality Council, established by the Parliamentary Act No. 3 of 29th of November 2013 on equality between men and women, is tasked to monitor the application of the law and how it is implemented in society (section 27). The Committee also notes the Government’s indication that no complaints have been lodged and no judicial decisions have been handed down concerning the application of the principle of the Convention.  The Committee asks the Government to provide information on: (i) the role that the Gender Equality Council may play in monitoring the implementation of the law in individual cases; and (ii) any measures taken or envisaged to raise the awareness of judges, labour inspectors, and workers and employers and their organizations, of the principle of the Convention. The Committee also requests the Government to continue to provide information on any court cases and violations concerning the principle of the Convention.