Direct Request (CEACR) - adopted 2024, published 113rd ILC session (2025)

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

The Committee notes the observations of the Fuel and Energy Workers’ Union (FEWU) received on 30 August 2023.

Article 1(a) of the Convention. Definition of remuneration. The Committee notes that, in reply to its previous comment, the Government reiterates in its report that in accordance with section 1(37) of the Labour Code, remuneration is pay which is dependent upon the employee’s qualifications; the complexity, amount, quality and conditions of the work performed, including compensatory and incentive payments; and that, under section 113 of Labour Code, salaries shall be set and paid in cash in the national currency at least once a month, no later than the first ten days of the following month. The Government indicates that wages therefore include such payments as overtime, compensation, allowances and salary supplements for special working conditions, etc. The Committee takes due note of the Government’s indications, but observes that it still remains unclear if the term “payment of wages” under section 22.1(5) of the Labour Code includes additional emoluments, made directly or indirectly by the employer to the worker, which arise out of the worker’s employment, such as bonuses or other allowances (for cost of living, family responsibilities, travel, housing, etc.), but also increments based on seniority or marital status, or benefits in kind (such as the provision of uniforms, food or food vouchers, company car, etc.). It recalls that for the purpose of securing equal remuneration for men and women, the Convention gives a broad definition of remuneration, which includes not only “the ordinary, basic or minimum wage or salary”, but also “any additional emoluments whatsoever payable directly or indirectly, whether in cash or in kind” (Article 1(a)). The Committee asks the Government to clarify, once again, whether additional emoluments are included in the term “payment of wages” under section 22.1(5) of the Labour Code.

Article 1(b). Legislative framework. Work of equal value. The Committee recalls that, in its 2016 observation, taking into account an English translation of the newly adopted Labour Code of 30 November 2015, it had “noted with satisfaction” that the new Labour Code provided that the employee shall have the right to “equal payment for work of equal value without any discrimination” (section 22.1(15), emphasis added). It notes, however: (1) that the Government now states in its report that sections 22.1(15) and 23.2(28) of the Labour Code provide for “equal pay for equal work” (emphasis added); and (2) that a copy of the current Labour Code available on NATLEX (the ILO database on national labour legislation) in Russian seems to use the same language. The Committee emphasizes that, if that is the case, these provisions are narrower than the principle of the Convention. It recalls that the concept of “work of equal value” lies at the heart of the fundamental right of equal remuneration for men and women for work of equal value, and the promotion of equality. Due to historical attitudes and stereotypes regarding women’s aspirations, preferences and capabilities, certain jobs are held predominantly or exclusively by women (such as in the 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 the occupational sex segregation in the labour market which exists in almost every country, as it permits a broad scope of comparison, including, but going beyond, equal remuneration for “equal”, “the same” or “similar” work, and also encompasses work that is of an entirely different nature, which is nevertheless of “equal value” (see the General Survey of 2012 on the Fundamental Conventions, paragraph 673). In view of the above, the Committee asks the Government to: (i) clarify the meaning of the language used in sections 22.1(15) and 23.2(28) of the Labour Code; (ii) specify how these sections give full legislative effect to the principle of equal remuneration for men and women for work of equal value (allowing for comparisons not only of similar jobs, but of jobs which are of an entirely different nature); and (iii) provide examples of judicial decisions which are based on these provisions and implement the principle of the Convention.

Article 2. Minimum wages. The Committee notes the Government’s indication that the minimum wage refers to minimum social standards in accordance with section 104 of the Labour Code. The minimum monthly wage, set annually for the corresponding fiscal year by the National Budget Act, should be no lower than the subsistence minimum; should not include additional payments and allowances, compensation and social payments, bonuses and other incentive payments; should be paid in proportion to the time worked; and should be uniform throughout the country. The Government indicates that it is currently working on ratifying the Minimum Wage Fixing Convention, 1970 (No. 131). While noting this information, the Committee notes that the Government has still not specified the types of jobs and sectors covered by the minimum wage scheme. With respect to the role of social partners in the minimum wage-setting process, the Government indicates that the right of legislative initiative belongs to the President of the Republic and members of Parliament. However, in accordance with section 20 of the Act on Legal Acts, in order to involve non-profit organizations and citizens in the process of developing legal bills concerning the rights, freedoms and obligations of citizens, public councils have been formed in each state body. The public council consists of representatives of state bodies, quasi-public entities and non-profit organizations, and citizens. The Government further indicates that public consultations are held by posting all regulatory legislation on an Internet portal for public discussion in order to take into account the views of various groups of the population. In addition, depending on the specifics of social relations to be regulated, public hearings are held on individual legislative bills. The Government indicates that, in light of the above, it has created a legal framework for the participation in the development of, and for the submission of observations and proposals on, regulatory legislation by stakeholders, including social partners. The Committee asks the Government to provide specific information on: (i) the method and criteria used, when determining minimum wages for workers in accordance with section 104 of the Labour Act, to ensure that rates are fixed based on objective criteria, free from gender bias, and that work in sectors with a high proportion of women is not being undervalued in comparison with sectors in which men are predominantly employed; (ii) any developments with respect to the coverage and rates of minimum wages; (iii) any measures envisaged, including in cooperation with employers’ and workers’ organizations, to set a national minimum wage rate that would apply equally to all sectors and all categories of workers; and (iv)statistical information on the percentage of women and men who are paid the minimum wage in various workplaces.

Article 3. Objective job evaluation. In reply to the Committee’s request, the Government’s indicates that the labour legislation of the Republic of Kazakhstan guarantees equal pay for equal work (i.e. for work of equal duration, intensity and complexity), and does not allow any discrimination in remuneration on various grounds, including that of sex. It indicates that in order to ensure that employees, including women, receive equal pay for equal work, the Labour Code was amended in May 2020 (section 23.2(28)) to extend the employers’ responsibility by obliging them to ensure employees receive equal pay for equal work, as well as equal working conditions without any discrimination (thus reinforcing section 22.1(15) which affirms the same principle as a right of the employees). The Government states that an employee’s monthly wage differs according to the employee’s qualifications, the complexity, quantity and quality of the work performed, and also the working conditions. Section 107 of the Labour Code provides that a worker’s wage is established by the employment contract in accordance with the employer’s existing remuneration systems. It further indicates that wages are the same for men and women with the same characteristics, taking into account qualifications and location, and that if a woman holds the same position as a man, under the same working conditions, with all the same characteristics, she is then paid the same wage as a man. Finally, the Government indicates that persons who believe that they have been victims of labour discrimination are entitled to take action at the court or through other authorities in accordance with the manner established by the laws. In light of the above, the Committee requests the Government to indicate how, in practice, it is ensured that the employer’s existing remuneration systems are established on the basis of entirely objective and non-discriminatory criteria, free from gender bias. It also asks the Government to provide information on any awareness-raising activities undertaken on the concept of “work of equal value” and the promotion of the use of objective job evaluation methods.

Articles 2 and 4. Collective bargaining. Cooperation with employers’ and workers’ organizations. The Committee notes that, in response to its previous request, the Government indicates that the remuneration system is determined by the terms of the employment contract, collective agreement and/or “acts of the employer” in accordance with section 107 of the Labour Code. It further indicates that the General Agreement between the Government, national employers’ associations (unions) and national trade union associations (unions) for 2021–23 is currently being implemented, and that the parties agreed to take measures to implement the “Concept of Family and Gender Policy” up to 2030, aimed at ensuring equal rights and opportunities and equal pay for women and men. Recalling the important role played by the social partners in giving effect to the principle of the Convention in practice, the Committee asks, once again, the Government to provide: (i) information on the actions undertaken to promote the application of the principle of equal remuneration for men and women for work of equal value with the cooperation of the social partners, and the results of such initiatives, including within the framework of the 2021–23 General Agreement; and (ii) a copy of any collective agreements in force containing clauses explicitly providing for equal remuneration for men and women for work of equal value.

Enforcement. The Committee notes the Government’s statement that as of 1 September 2023, no violations of the legislation related to the principle of equal remuneration for men and women for work of equal value had been detected by state labour inspectors. The Committee recalls that where no cases or complaints, or very few, are being lodged, this is likely to indicate a lack of an appropriate legal framework, lack of awareness of rights, lack of confidence in or absence of practical access to procedures, or fear of reprisals. The lack of complaints or cases could also indicate that the system of recording violations is insufficiently developed (see the General Survey of 2012, paragraph 870). The Committee also recognizes the difficulties faced by labour inspectors in identifying cases of pay discrimination or in determining whether equal remuneration is being provided for work of equal value, particularly where men and women do not perform the same work. The Committee requests the Government to: (i) take measures to enhance the capacity of labour inspectors, judges, as well as workers, employers and their organizations regarding the principle of equal remuneration for men and women for work of equal value, through training and awareness-raising activities; and (ii) examine whether the applicable substantive and procedural provisions allow, in practice, claims to be brought successfully.