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

Equal Remuneration Convention, 1951 (No. 100) - North Macedonia (Ratification: 1991)

Articles 1 and 2(2)(a) of the Convention. Equal remuneration for work of equal value. Scope of application. Legislation. The Committee notes the Government’s indication, in its report, that the process of amending the Law on Labour Relations, including section 108(1) requiring “equal pay for equal work with equal job requirements”, is still ongoing. The Government adds that the new Law on Labour Relations will ensure that women and men be provided with equal opportunities and equal treatment in relation to, among others, equal payment for work of the same “value”. The Committee also notes the Government’s reference to the principle of equal pay for work of equal “value”, but it notes that it defines this as: “two persons of different sex who perform equal work of equal value under the same conditions, same qualifications, invested labour, results of labour and responsibility, have the right to equal payment.” In this regard, the Committee recalls that the concept of equal “value” as set out in the Convention permits a broad scope of comparison, including “equal”, “the same” or “similar” work, and also encompasses work that is of an entirely different nature, but which is nevertheless of equal value. This is crucial for the full application of the Convention as, in practice, women and men are often not engaged in the same jobs (see the 2012 General Survey on the fundamental Conventions, paragraphs 673, 675 and 698). The Committee further notes, from the 2022 European Commission Gender Equality Report (EC Gender Equality Report) that the equal pay provisions under the Law on Labour Relations do not apply to seasonal and part-time workers or for those working in the home. In this regard, the Committee refers to paragraph 658 of its 2012 General Survey, which recalls that the principle of the Convention applies to all workers in all sectors of activity, with no exclusions. The Committee urges the Government to take all necessary steps to ensure that the amendments made to the Law on Labour Relations: (i) give full legislative expression to the principle of equal remuneration for women and men for work of equal “value” set out in the Convention; and (ii) allows ‘all’ workers, including seasonal, part-time workers and those working in the home, to benefit from the principle of the Convention. The Committee requests the Government to provide information on any progress achieved in this respect and to provide a copy of the new Law on Labour Relations once adopted.

Articles 1 to 4. Assessing and addressing the gender pay gap and its underlying causes, such as gender inequalities. The Committee notes the adoption of the Revised Employment and Social Policy Reform Programme 2022 which provides a strategic framework for reducing the gender gap in the economy and improving the position of women in the labour market. The Committee also notes the adoption of the new national Gender Equality Strategy 2022–2027, which will seek to decrease the gender gap in economic participation of women in the labour market. The Committee further notes, from the 2021 Country Gender Equality Profile of the United Nations Entity for Gender Equality and the Empowerment of Women (UN Women), that: (1) in 2021, the activity rate for women was only 44.9 per cent, compared to 67.2 per cent for men, while the employment rate was 38.3 per cent for women compared to 56.2 per cent for men. Women also represent 62.7 per cent of the inactive population; (2) in 2021, 19.2 per cent of employers were women (decrease from 21.2 per cent in 2020), 22.6 per cent of own-account workers were women (decrease from 24.4 per cent in 2020) and 66.4 per cent of the unpaid family workers were women (increase from 63.9 per cent in 2020); (3) in 2021, the rate of women in senior management positions in listed companies and as board members was at 21 per cent; (4) in public administration, women are best represented in labour and social policy (82.9 per cent), health (72.7 per cent) and education (66.7 per cent), while men make up a larger share of public sector employees in environment (89.3 per cent), transport (85.5 per cent), and agriculture (82.2 per cent); and (5) women public servants have a higher level of education on average, however, they hold only around 36 per cent of managerial positions. The Committee further notes, from the 2022 EC Gender Equality Report, that: (1) the National Programme on Employment 2021-2027 states that the gender pay gap is 18 per cent in favour of men and includes as one of its goals reducing the gender pay gap to 15 per cent; (2) women are more engaged in unpaid domestic labour (61.8 per cent of women and 38.2 per cent of men) and in lower paid positions (7.2 per cent of men and 5.2 per cent of women receive a monthly salary of 25,000–30,000 Macedonian denars, whereas 77.6 per cent of men and 22.4 per cent of women receive a salary above 40,000 denars); and (3) despite the fact that many government documents attribute the lack of women’s participation in the labour market to traditional attitudes, this claim is not supported by evidence. Research has shown that actually, the high economic inactivity rates among women is essentially due to discrimination in the labour market, the lack of policies to reconcile work and family life and the lack (and the cost) of care and childcare facilities. With regard to the lack of access to childcare facilities and the lack of policies to reconcile work and family life, the Committee refers the Government to its detailed comments under the Workers with Family Responsibilities Conventions, 1981 (No. 156). In order to reduce the inequalities in remuneration that exist between women and men in the labour market, the Committee asks the Government to take every necessary step to address gender stereotypes and actively promote women’s participation to the labour market, in particular to jobs with career prospects and higher pay and in sectors in which they are currently absent or under-represented. It also asks the Government to provide information on: (i) any measures implemented to that end, including in the framework of the Gender Equality Strategy 2022–2027, the National Programme on Employment 2021–2027 and the Revised Employment and Social Policy Reform Programme 2022; and (ii) the distribution of women and men in the various sectors of the economy, and their corresponding earnings, both in the public and private sectors.

The Committee is raising other matters in a request addressed directly to the Government.