Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

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

The Committee notes the information in the Government's report and attached documentation, and in the Government's supplementary report and its annexes, which the Committee has not yet been able to examine.

1. Article 1 of the Convention. The Committee notes with some concern the Government's statement that the provisions in the Labour Code dealing with the prohibition of discrimination based on sex, the right to remuneration for the work performed, and the right of women to equal status of employment with men have been repealed by Act No. 74/1994. The Committee notes, however, that a Bill has been submitted to Parliament, in June 1998, to amend Act No. 1/1992 and Act No. 143/1992 regulating pay of all employees in the private and public sectors. The amendment seeks to include the principle of "equal pay for the same work and equal pay for work of equal value" in the above-referenced Acts on remuneration. It also defines basic criteria for wage setting, provides additional tools for the assessment of the value of work and prohibits wage levels to be differentiated on the basis of sex, amongst other grounds. The Government's report indicates that the draft amendment to Act No. 1/1992 provides that the Government will have to regulate the ways and means for assessing the value of jobs including tools designed to ensure the implementation of the principle of equal remuneration for work of equal value. According to the Government, this will essentially be the same analytical method for objective job evaluation as the one outlined below in point 2.

With regard to its previous comments on the exclusion of certain additional emoluments from the definition of "wages" in section 4(2) of Act No. 1/1992, and the absence of legislation containing a provision stating the principle of equal remuneration for men and women workers for work of equal value, the Committee notes the new draft definition of "wages" referred to in the Government's report. The Committee also notes the Government's statement that the term is understood to mean remuneration for work within the meaning of Article 1 of Convention No. 95. According to the Government, the constitutional principle of non-discrimination is applicable to additional emoluments such as remuneration for stand-by, compensation for travelling expenses and compensatory wages, to the same extent as to the basic pay systems. The Committee points out that the principle of the Convention is not limited to the basic or ordinary wage, but also includes any additional emoluments whatsoever paid as part of remuneration for work.

The Committee hopes that the above-referenced Bill will be adopted shortly and that the Government will consider amending its current definition of "wages" in accordance with Article 1(a) of the Convention to include any additional emoluments in order to ensure explicitly that the principle of equality is not limited to the basic wage. The Committee would be grateful to receive a copy of the amended legislation once adopted and a copy of the text of the above-mentioned implementing regulation.

2. Article 3. The Committee notes with interest the attached "Analytical methodology of job evaluation for manual workers, employees and commercial employees in the entrepreneurial sphere" developed by the Ministry of Labour and Social Affairs (MLSA) in 1991 and based on the ILO's recommended criteria. The methodology includes criteria for job evaluation based, among others, on specific job requirements in terms of theoretical education and knowledge, practical experience, dexterity, complexity of the job, of the working activity and of working relations, handling of information, responsibility for damages and for occupational health and safety, requirements in respect of management and work organization, physical, sensorial and neuro-psychological demands, and the work hazards involved. The Committee further notes the Government's statement that the methodology was used for developing individual characteristics of pay grades and catalogues of jobs, which constitute a binding base for determining pay grades of employees covered by Act No. 143/1992, and for determining minimum tariff grades in accordance with Act No. 1/1992, as well as preparing the catalogue of jobs which serves as a basis for job evaluation in the private sector. The Committee notes that the criteria include factors related to work predominantly associated with women as well as men, and thus encourages the Government to continue using the analytical methodology for job evaluation and to provide information in its future reports on its application in practice.

3. The statistical data in the report show that the wage gap between men and women increases with the age category. The Committee notes the Government's statement that statistical inquiries in respect of average hourly earnings confirm that the gap between the earnings of men and women has widened. The Committee also notes the Government's statement that the remuneration of women employed in highly skilled, mostly non-manual jobs, is comparable to that of men. However, the 1997 statistics in the Government's report indicate that, while the average nominal wage differentials between men and women according to level of education have narrowed at the level of skilled workers, they have widened at the university level. Noting also from the report that maternity and family responsibilities result in lower average wage levels of women, the Committee requests the Government to indicate whether it has taken any measures to protect women from a reduction of wages as a result of pregnancy, motherhood or family responsibilities.

4. In its report, the Government refers to the results of the analysis by TREXIMA in collaboration with the MLSA on the average earnings of men and women in the entrepreneurial sector, concluding that the nearly 30 per cent difference between men's and women's earnings is mainly due to women's different occupational structure (45 per cent), women's different tariff grades structure (39 per cent) and their lower wage level for the same work (17 per cent). Noting this considerable wage gap in the entrepreneurial sector, and noting the Government's statement that the analytical methodology together with the job catalogue were recommended to employers and can be used as basic instruments for workers' claims when asking for higher remuneration in order to achieve equal pay for work of equal value, the Committee requests the Government to indicate, in its next report, the sectors in which the analytical methodology and job catalogues have been used or promoted and to what extent the employers' and workers' organizations have been consulted in the development and the application of the objective appraisal of jobs in the sectors concerned.

5. With regard to wage determination in the public sector, the Committee notes the Government's statement that Act No. 143/1992 on pay in the public sector provides minimum wage tariffs for 12 pay grades and that employees are classified into these grades in accordance with job descriptions. The Government further states that equal remuneration of men and women is guaranteed under this legislation and that, for women employees covered by Act No. 143/1992, and the respective Government Orders Nos. 251/1992 and 253/1992, the duration of work experience relevant to establish the respective tariff grade includes the period of care for a child or children up to 6 years of age. In order to be able to assess fully the application of the principle of the Convention in the public service, the Committee asks the Government to provide copies of Act No. 143/1992 concerning pay in the public service, the relevant government decree that includes concrete procedures for determination of wages and salaries for various groups of employees, as well as Government Orders Nos. 251/1992 and 253/1992.

The Committee would also be grateful if the Government could send copies of the catalogues of jobs referred to in the Government's report that constitute the annexes to Government Order No. 78/1994 and Government Order No. 79/1994 dealing with the public service and which were unfortunately not attached to the report.

6. With regard to wage determination in the private sector, the Committee notes that wage settlements are concluded by means of collective agreements, individual contracts or internal regulations unilaterally determined by the employer, and that wages of individual employees must not be lower than minimum wage tariffs stipulated by the Government. The Committee requests the Government to indicate how the principle of equal remuneration for work of equal value is safeguarded through this process of individual wage determination by the employer. The Committee further notes that the Government has reduced the number of minimum tariff grades from 12 to three, including those for work in difficult and dangerous environments and night work, while increasing the minimum rates for wage supplements. The Government states that this provision can be seen as a step towards the introduction of a uniform minimum wage in the private sector. The Committee requests the Government to provide information on the manner in which jobs have been determined for the three tariff grades and to supply lists of jobs which have been determined as belonging to the different grades. The Committee also requests the Government to supply, in its next report, copies of collective agreements and internal wage regulations which have used the analytical methodology for job evaluation and catalogues of jobs developed by the MLSA.

7. In its previous comments, the Committee noted that clause 22 of the General Agreement for 1993 concluded by representatives of the Government, workers and employers of the Czech Republic, allows for amendments and supplements proposed by any of the contracting parties. The Committee notes that the Government's report does not reply to the above comment and therefore requests the Government again to supply information concerning any changes relevant to the application of the Convention 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.

8. The Committee notes the Government's statement that the implementation of the wage legislation is supervised by the trade unions and the labour inspection bodies. It further notes that, through amendment of the Labour Code of 1994, section 22 gives the right to trade union bodies to conduct inspections regarding the application of labour legislation, internal (wage) regulations and obligations ensuing from collective agreements. The Committee requests the Government to provide information on the number and the nature of complaints on wage discrimination in remuneration detected by the labour inspectorate or the trade union bodies in the course of their supervisory functions, and on the outcome of those complaints.

9. In its previous direct requests, the Committee has requested the Government to supply copies of any other laws and regulations which would give effect to the Convention which it has unfortunately not yet received. The Committee, therefore, trusts that the Government will supply, in its next report, copies of the specific legislation adopted in respect of the status of judges, members of the police and elected officers, mentioned in the Government's report, and of Regulation No. 53/1992 concerning minimum wages. The Committee would also be grateful if the Government could supply copies of Acts Nos. 590/1992, 10/1993, 37/1993, 40/1994, 74/1994 and 11/1995 amending Acts Nos. 1/1992 and 143/1992 concerning pay in the private and public sectors, as well as Government Decree No. 303/1995 concerning minimum wages.

10. The Committee notes from the Government's supplementary report that a report prepared by the MLSA entitled "Priorities and action by the Government to promote equality of men and women" has been adopted by the Government. It notes that the MLSA was invited to: (1) prepare and submit proposals for a method for objective job evaluation and an objective tool for assessing equality of remuneration; and (2) to focus the attention of the labour inspectorate, inter alia, on the implementation of the principle of equal pay for work of equal value. The Committee notes that a summary report on action taken by the MLSA in this regard is to be submitted by April 1999 and the Government is requested to supply a copy of this report upon its completion.