Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

Equal Remuneration Convention, 1951 (No. 100) - Czechia (Ratification: 1993)

The Committee notes with regret 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:

1. The Committee notes with interest clause 4(2) of a General Agreement for 1993 concluded by representatives of the Government, workers and employers of the Czech Republic, which states that the contracting parties shall respect the ILO Conventions ratified by the Czech and Slovak Federal Republic with a view to ensuring the continuity of the legal system after the partition of the federation. Although in the available version of the Agreement the section dealing with wages policy does not make any reference to equal remuneration between men and women workers for work of equal value, the Committee notes that clause 22 of the Agreement allows for amendments and supplements to be proposed by any of the contracting parties. It requests the Government to supply information concerning any changes relevant to the application of Convention No. 100 which may be made to the Agreement. The Committee also asks the Government to supply copies of any other collective agreements in which the principle of the Convention has been addressed and/or considered.

2. Article 1 of the Convention. The Committee notes that the definition of "wages" in section 4(2) of Act No. 1/1992 concerning wages, stand by pay and average earnings excludes wage compensation, cash compensation, travelling expenses, income from capital shares and bonds and stand by pay. It draws the Government's attention to the fact that such payments are included in the definition of the term "remuneration" in the Convention. It accordingly asks the Government to provide information as to what measures have been taken or are envisaged to ensure that the statutory definition expressly covers the concept of remuneration contained in the Convention.

3. The Committee notes that article 28 of the 1991 Charter of Fundamental Rights and Freedoms stipulates that employees shall have "the right to equitable remuneration for work" and that article 3 states that this and other basic rights and freedoms shall be guaranteed without regard to, among other grounds, sex. Furthermore, it notes that the legislation provided by the Government contains no provision stating the principle of equal remuneration for men and women workers for work of equal value. The Committee requests the Government to indicate how the principle of the Convention is applied for work of equal value.

4. Article 2. The Committee notes that, according to section IV of the 1991 Labour Code, workers shall have the right to remuneration in accordance with the "quantity, quality and social significance of the work ...". It requests the Government to provide more detailed information on the job classification systems and the evaluation criteria that are used, as well as copies of the qualification catalogue prepared on the basis of these evaluations (referred to in the report) together with corresponding wages scales, if any.

5. The Committee notes that, according to section IX of the Labour Code, workers with diminished working capacity shall be guaranteed working conditions taking into consideration the state of their health and that during periods when workers are unable to work due to illness, pregnancy or motherhood, "their labour law relations shall be protected by law to a heightened extent". With reference to paragraph 77 in its above-mentioned General Survey, the Committee asks the Government to provide details on any legislation or directives issued or envisaged to protect women from a reduction of wages as a result of pregnancy or motherhood.

6. The Committee notes that, according to the Government, the laws and regulations on wages passed in 1992 are based on the principle of equal remuneration for men and women workers for work of equal value. However, the Committee notes that Act No. 1/1992 concerning wages, stand by pay and average earnings contains no provision promoting and ensuring the application of this principle. The Committee requests the Government to provide copies of any other laws and regulations which would give effect to the Convention, in particular Act No. 143/1992 regarding remuneration for workers in the public sector and any other legislation regulating wages for particular professional categories, and Regulation No. 53/1992 concerning minimum wages.

7. The Committee requests the Government to provide details of how and by what authorities wages are determined in practice, and how the principle of the Convention is safeguarded in this process. This information should include details on all wage emoluments, including wages paid for overtime work, special shifts, dangerous and arduous work and any other bonuses and benefits.

8. Article 3. The Committee notes that, according to the Government, a summary has been compiled in accordance with "an information system" concerning the value of work. It requests the Government to provide a copy of this information system and the summary based on it, as well as any other summaries made since.

9. In the Government's brief comments on the findings of the above-mentioned summary, the Committee notes that pronounced differences were found between earnings of men and women workers in highly skilled manual work and jobs of medium-level technicians, as well as in jobs where the highest level university degrees are required. It notes that, according to the Government, these differences may be attributed to a "higher propensity of men workers towards working overtime and in a difficult working environment (increased levels of hazard, shift work) or performing physically demanding jobs".

10. With regard to the references to "difficult working environment" and "physically demanding jobs", which are used as criteria in job evaluation and as factors explaining the wage differential, the Committee would recall paragraphs 150 to 152 in its 1986 General Survey. In these paragraphs, the Committee draws attention to the need to ensure that the criteria for the appraisal of work do not undervalue the skills required for, and the difficulty of working conditions in, work which is, in practice, performed by women. It requests the Government to supply information on any measures taken to promote an objective appraisal of jobs.

11. The Committee notes section 14(2) of Act No. 1/1992, which provides that minimum wage rates shall be prescribed by order of the Government, graduated according to the complexity, responsibility and difficulty of the work. It also notes that, according to the Government, minimum wages have been determined in 12 different grades on the grounds of complexity, responsibility and effort needed to comply with the job, applying equally to men and women. Noting from the copy of Decree No. 43/1992 located by the Committee that, in hard and harmful working environments, these 12 different grades are described, the Committee asks the Government to provide information on the methods used for evaluating jobs on the basis of the 12 grades and, if available, lists of jobs which have been determined as belonging to the different grades. Furthermore, the Committee would appreciate receiving statistical data concerning the average actual earnings of men and women broken down, if possible, by occupation, branch of activity, seniority and level of qualifications.

12. Article 4. The Committee requests the Government to provide specific information on the methods for cooperation between the Government and employers' and workers' organizations aimed at ensuring and promoting the application to all workers of the principle of equal remuneration between men and women workers for work of equal value.

13. Points IV and V of the report form. Please provide information in the next report on the practical application of the Convention as indicated in these points of the report form.