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Equal Remuneration Convention, 1951 (No. 100) - Turkmenistan (Ratification: 1997)

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

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition
Articles 1 to 4 of the Convention. Assessing and addressing the gender pay gap. Public service. In its previous comments, the Committee requested the Government to provide information on the concrete measures taken to address the gender pay gap by resolving its underlying causes and promoting women’s access to jobs with career prospects and higher pay, in particular in the agricultural sector. The Committee notes the Government’s indication according to which it has actively implemented the Programme of Improvement in the Areas of Employment and Job Creation in Turkmenistan 2015-2020. The Committee also observes that the Government stresses that: (1) despite the decrease in the gender pay gap from 13.7 per cent in 2019 to 10.4 per cent in 2020, the average monthly salary remains lower for women than for men in almost all economic sectors, even when both are employed in the same category; (2) women earn from 69.6 per cent of men’s salary in the public administration and defence sector to 95.1 per cent of men’s salary in the education sector; and (3) the reasons for such disparities concern the positions held by women in these sectors, the right of women with young children to refuse to work in particular conditions for which various allowances and supplements are payable, and men and women’s level of educational attainment. The Government stresses, however, that when women are employed in jobs that are of the same value as men’s, the principle of equal pay for work of equal value applies. In relation to education, the Committee notes the Government’s indication that gender imbalance is becoming smaller in all levels of education: girls accounted for 18.1 per cent of students entering basic vocational education in 2020 (17.5 per cent in 2019), 63.2 per cent of students entering intermediate vocational education (62.6 per cent in 2019), and 43.1 per cent of students entering higher vocational education (42.4 per cent in 2019). It also stresses that mass awareness-raising is conducted among girls and they are increasingly acquiring skills in promising new fields such as technology, physics, maths, and digital technology. The Committee observes the Government indication that, in the framework of the National Action Plan on Gender Equality for 2015–20 and the National Action Plan for Human Rights for 2016–20, the Women’s Union of Turkmenistan held: (1) an annual “Woman of the Year” competition which brought about the construction in society of a positive image of modern women managers and business people and helped involve women more actively in the development of public life in the country; and (2) the “Women in Science” competition which helps to combat gender stereotypes prioritizing innovation in the agro-industrial complex, fuel and fuel efficiency, chemical technology and the development of competitive new materials. The committee asks the Government to intensify its efforts to reduce the gender pay gap in all sectors of the economy and address the occupational gender segregation and its underlying causes. The Committee asks the Government to continue to provide statistical information on the earnings of men and women, disaggregated by economic activity and occupation, both in the public and private sectors, as well as in the informal economy, and any available information on the gender pay gap.
Equal remuneration for men and women for work of equal value. Public service. Referring to its previous comments regarding the application in practice of section 46(2) of Law No. 363-V on the Public Service, which provides that the remuneration of civil servants shall be determined on the basis of the principle of equal remuneration for work of equal value, the Committee notes the information provided by the Government according to which, by virtue of article 11 of the Law on Public Service, a register is to be created with a view to increasing the effectiveness of management of the staff and improving the system of recording, selecting, training, retraining, and upscaling staff. The Government explains that the register, which is currently being drawn up by the competent authorities, is composed of lists of positions in the “civil service”, “military service”, and “law enforcement service” and, in parallel, work is being undertaken to produce reports on the above groups of public servants. The Committee nonetheless observes that the Government does not provide details on methods and criteria used for determining wage scales and other information previously requested. In light of the above, the Committee asks the Government to provide detailed information on the methods and criteria used to establish the register and how it is ensured that, when establishing job classifications and salary scales, the principle of equal remuneration for men and women for work equal value is taken into account, in accordance with Law No. 363-V on the Public Service. It also asks the Government to provide statistical information on the number of civil servants, disaggregated by sex, occupational category and position, and the average level of remuneration in each group of public service posts. It further asks the Government to indicate how it is ensured that men and women public servants have access to any additional payment or incentive provided for in sections 46(2) and (3) of the Law on the Public Service on an equal footing.
Article 2(1). Scope of application. Exclusion of certain categories of workers. On this point, the Committee refers the Government to its comment under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111).
Article 2(2). Minimum wages and collective agreements. In its previous comments, the Committee asked the Government to provide information on the measures taken to ensure that the remuneration rates fixed in collective agreements, as well as in minimum wage instruments, are free from gender bias. The Committee notes the Government’s statement that the rates of pay fixed in collective agreements and by minimum salary setting machinery are free from gender bias. The Government adds that: (1) as of 1 June 2020, 117 sectoral or intersectoral collective agreements had been concluded and that entity-level agreements contain mandatory provisions on forms and systems of pay, levels of remuneration, and monetary rewards, compensation, supplements, and allowances; (2) under article 354 of the Labour Code, the parties’ representatives, the entity’s workforce, the appropriate trade unions, and the competent bodies are to monitor the fulfilment of the obligations specified in an entity-level collective agreement; and (3) the signatories to the collective agreement must provide all the essential information in their possession for supervisory purposes and have to report on the fulfilment of those obligations at a general meeting of the entity’s workforce. The Committee also notes that, according to information provided by the Government, Article 306 punishes the breaches and non-fulfilment of obligations under a collective agreement at any level. The Committee also notes that in October 2018, the Parliament (Mejlis) adopted the Law on the Tripartite Commission for the Regulation of Social and Labour Relations, entrusted to consult social partners when the regulation of pay levels is drafted. While noting this information, the Committee reiterates its previous request and once again asks the Government to provide information on the measures taken to ensure that when remuneration rates are determined in collective agreements, as well as when minimum wage instruments are adopted, they are free from gender bias and based on objective criteria. The Committee asks the Government to provide examples of any collective agreements that include provisions on equal remuneration for men and women.
Articles 2 and 3. Determination of remuneration rates and objective job evaluation. In its previous comments, the Committee asked the Government to clarify the manner in which the provisions requiring that remuneration shall be determined according to the “quality and quantity of work” performed, combine with an objective job evaluation. The Committee notes that the Government refers to article 110 of the Labour Code which defines remuneration as “the monetary reward for work performed depending on the workers’ qualifications, the complexity, quality and quantity of the work performed / services provided, connected with working arrangements and conditions; it also includes incentive payments”. The Government highlights the point that that when setting the pay for both men and women, quantitative and qualitative criteria are used, but there is also a more objective evaluation of work. While the Government reiterates that the setting of pay rates is free from gender bias, the Committee recalls that while criteria such as quality and quantity of work may be used to determine the level of earnings, the use of only these criteria is likely to have the effect of impeding an objective evaluation of the work performed by men and women on the basis of a wider range of criteria which are free from gender bias. Furthermore, while the Convention does not prescribe any specific method for such an examination, Article 3 of the Convention presupposes the use of appropriate techniques for objective job evaluation, comparing factors such as skill, effort, responsibilities and working conditions (see General Survey on the fundamental Conventions, 2012, paragraphs 695–696). The Committee once again requests the Government to specify in detail the methods and factors used to assess the value of different jobs. It asks the Government to provide information on the measures taken to ensure that the selection of such factors for comparison, the weighing of such factors and the actual comparison carried out are not discriminatory, either directly or indirectly. The Committee further asks the Government to indicate the measures taken to promote the use of objective job evaluation methods with a view to ensuring that the principle of equal remuneration for men and women for work of equal value is reflected in any methods for determining or revising rates of remuneration beyond the minimum wage, and to provide information on any job evaluation exercises which were undertaken, and their outcome.

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Articles 1 to 4 of the Convention. Assessing and addressing the gender pay gap. Public service. In its previous comments, the Committee requested the Government to provide information on the concrete measures taken to address the gender pay gap by resolving its underlying causes and promoting women’s access to jobs with career prospects and higher pay, in particular in the agricultural sector. The Committee notes the Government’s indication according to which it has actively implemented the Programme of Improvement in the Areas of Employment and Job Creation in Turkmenistan 2015-2020. The Committee also observes that the Government stresses that: (1) despite the decrease in the gender pay gap from 13.7 per cent in 2019 to 10.4 per cent in 2020, the average monthly salary remains lower for women than for men in almost all economic sectors, even when both are employed in the same category; (2) women earn from 69.6 per cent of men’s salary in the public administration and defence sector to 95.1 per cent of men’s salary in the education sector; and (3) the reasons for such disparities concern the positions held by women in these sectors, the right of women with young children to refuse to work in particular conditions for which various allowances and supplements are payable, and men and women’s level of educational attainment. The Government stresses, however, that when women are employed in jobs that are of the same value as men’s, the principle of equal pay for work of equal value applies. In relation to education, the Committee notes the Government’s indication that gender imbalance is becoming smaller in all levels of education: girls accounted for 18.1 per cent of students entering basic vocational education in 2020 (17.5 per cent in 2019), 63.2 per cent of students entering intermediate vocational education (62.6 per cent in 2019), and 43.1 per cent of students entering higher vocational education (42.4 per cent in 2019). It also stresses that mass awareness-raising is conducted among girls and they are increasingly acquiring skills in promising new fields such as technology, physics, maths, and digital technology. The Committee observes the Government indication that, in the framework of the National Action Plan on Gender Equality for 2015–20 and the National Action Plan for Human Rights for 2016–20, the Women’s Union of Turkmenistan held: (1) an annual “Woman of the Year” competition which brought about the construction in society of a positive image of modern women managers and business people and helped involve women more actively in the development of public life in the country; and (2) the “Women in Science” competition which helps to combat gender stereotypes prioritizing innovation in the agro-industrial complex, fuel and fuel efficiency, chemical technology and the development of competitive new materials. The committee asks the Government to intensify its efforts to reduce the gender pay gap in all sectors of the economy and address the occupational gender segregation and its underlying causes. The Committee asks the Government to continue to provide statistical information on the earnings of men and women, disaggregated by economic activity and occupation, both in the public and private sectors, as well as in the informal economy, and any available information on the gender pay gap.

Equal remuneration for men and women for work of equal value. Public service. Referring to its previous comments regarding the application in practice of section 46(2) of Law No. 363-V on the Public Service, which provides that the remuneration of civil servants shall be determined on the basis of the principle of equal remuneration for work of equal value, the Committee notes the information provided by the Government according to which, by virtue of article 11 of the Law on Public Service, a register is to be created with a view to increasing the effectiveness of management of the staff and improving the system of recording, selecting, training, retraining, and upscaling staff. The Government explains that the register, which is currently being drawn up by the competent authorities, is composed of lists of positions in the “civil service”, “military service”, and “law enforcement service” and, in parallel, work is being undertaken to produce reports on the above groups of public servants. The Committee nonetheless observes that the Government does not provide details on methods and criteria used for determining wage scales and other information previously requested. In light of the above, the Committee asks the Government to provide detailed information on the methods and criteria used to establish the register and how it is ensured that, when establishing job classifications and salary scales, the principle of equal remuneration for men and women for work equal value is taken into account, in accordance with Law No. 363-V on the Public Service. It also asks the Government to provide statistical information on the number of civil servants, disaggregated by sex, occupational category and position, and the average level of remuneration in each group of public service posts. It further asks the Government to indicate how it is ensured that men and women public servants have access to any additional payment or incentive provided for in sections 46(2) and (3) of the Law on the Public Service on an equal footing.

Article 2(1). Scope of application. Exclusion of certain categories of workers. On this point, the Committee refers the Government to its comment under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111).

Article 2(2). Minimum wages and collective agreements. In its previous comments, the Committee asked the Government to provide information on the measures taken to ensure that the remuneration rates fixed in collective agreements, as well as in minimum wage instruments, are free from gender bias. The Committee notes the Government’s statement that the rates of pay fixed in collective agreements and by minimum salary setting machinery are free from gender bias. The Government adds that: (1) as of 1 June 2020, 117 sectoral or intersectoral collective agreements had been concluded and that entity-level agreements contain mandatory provisions on forms and systems of pay, levels of remuneration, and monetary rewards, compensation, supplements, and allowances; (2) under article 354 of the Labour Code, the parties’ representatives, the entity’s workforce, the appropriate trade unions, and the competent bodies are to monitor the fulfilment of the obligations specified in an entity-level collective agreement; and (3) the signatories to the collective agreement must provide all the essential information in their possession for supervisory purposes and have to report on the fulfilment of those obligations at a general meeting of the entity’s workforce. The Committee also notes that, according to information provided by the Government, Article 306 punishes the breaches and non-fulfilment of obligations under a collective agreement at any level. The Committee also notes that in October 2018, the Parliament (Mejlis) adopted the Law on the Tripartite Commission for the Regulation of Social and Labour Relations, entrusted to consult social partners when the regulation of pay levels is drafted. While noting this information, the Committee reiterates its previous request and once again asks the Government to provide information on the measures taken to ensure that when remuneration rates are determined in collective agreements, as well as when minimum wage instruments are adopted, they are free from gender bias and based on objective criteria. The Committee asks the Government to provide examples of any collective agreements that include provisions on equal remuneration for men and women.

Articles 2 and 3. Determination of remuneration rates and objective job evaluation. In its previous comments, the Committee asked the Government to clarify the manner in which the provisions requiring that remuneration shall be determined according to the “quality and quantity of work” performed, combine with an objective job evaluation. The Committee notes that the Government refers to article 110 of the Labour Code which defines remuneration as “the monetary reward for work performed depending on the workers’ qualifications, the complexity, quality and quantity of the work performed / services provided, connected with working arrangements and conditions; it also includes incentive payments”. The Government highlights the point that that when setting the pay for both men and women, quantitative and qualitative criteria are used, but there is also a more objective evaluation of work. While the Government reiterates that the setting of pay rates is free from gender bias, the Committee recalls that while criteria such as quality and quantity of work may be used to determine the level of earnings, the use of only these criteria is likely to have the effect of impeding an objective evaluation of the work performed by men and women on the basis of a wider range of criteria which are free from gender bias. Furthermore, while the Convention does not prescribe any specific method for such an examination, Article 3 of the Convention presupposes the use of appropriate techniques for objective job evaluation, comparing factors such as skill, effort, responsibilities and working conditions (see General Survey on the fundamental Conventions, 2012, paragraphs 695–696). The Committee once again requests the Government to specify in detail the methods and factors used to assess the value of different jobs. It asks the Government to provide information on the measures taken to ensure that the selection of such factors for comparison, the weighing of such factors and the actual comparison carried out are not discriminatory, either directly or indirectly. The Committee further asks the Government to indicate the measures taken to promote the use of objective job evaluation methods with a view to ensuring that the principle of equal remuneration for men and women for work of equal value is reflected in any methods for determining or revising rates of remuneration beyond the minimum wage, and to provide information on any job evaluation exercises which were undertaken, and their outcome.

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Articles 1 to 4 of the Convention. Assessing and addressing the gender pay gap. Referring to its previous comments on the persistent gender pay gap and occupational gender segregation of the labour market, the Committee notes, from the statistical information forwarded by the Government, that despite the decrease of the gender pay gap from 13.3 per cent in 2015 to 12 per cent in 2016, the average monthly salary of women remained substantially lower than those of men in almost all economic sectors, even when men and women workers are employed in the same occupational category. Noting that in some sectors, the gender pay gap was as high as 32 per cent in the extractive industries and 22.5 per cent in retail and wholesale, the Committee notes the Government’s repeated indication, in its report, that earnings differentials result from length of career and restrictions on work in particular conditions. The Government adds that women are still concentrated in sectors such as manufacturing, healthcare, social services and education, while men tend to be employed in extracting industries, electricity and gas, construction and transport, which are industries entitling workers to various pay supplements and allowance as a result of the specific working conditions. The Government further indicates that more women than men make use of flexible working arrangements, such as part-time work and temporary work, to combine work and family responsibilities. The Committee welcomes the adoption of the National Action Plan on Gender Equality for 2015–20 and the National Action Plan for Human Rights in Turkmenistan for 2016–20, which, according to the information provided by the Government, set out strategic goals for the advancement of gender equality and the enhancement of women’s participation in the socio-economic sphere. Noting the lack of information provided by the Government on any specific actions on equal pay between men and women for work of equal value that would have been planned in this framework, the Committee notes that, in their concluding observations, the United Nations (UN) Committee on the Elimination of Discrimination against Women (CEDAW) and the UN Committee on Economic, Social and Cultural Rights (CESCR) were both concerned at the persistence of the gender pay gap and the denial of its gravity by the Government. Further concern was expressed by CEDAW about: (i) the persistent horizontal and vertical occupational segregation of the labour market; (ii) the low participation of women in the formal labour market; and (iii) the high concentration of women in low-paid and unskilled jobs, in particular in the agricultural sector (CEDAW/C/TKM/CO/5, 25 July 2018, paragraph 34; and E/C.12/TKM/CO/2, 31 October 2018, paragraph 20). The Committee therefore asks the Government to provide information on the concrete measures taken, in the framework of the National Action Plan on Gender Equality for 2015–20 and the National Action Plan for Human Rights for 2016–20 or otherwise, to address the gender pay gap by addressing its underlying causes, such as vertical and horizontal occupational gender segregation and stereotypes regarding women’s professional aspirations, preferences and capabilities, and their role in the family, by promoting women’s access to jobs with career prospects and higher pay, in particular in the agricultural sector. It asks the Government to provide information on any assessment made of such measures and their effective impact in addressing the gender pay gap. The Committee asks the Government to continue to provide statistical information on the earnings of men and women, disaggregated by economic activity and occupation, both in the public and private sectors, as well as in the informal economy.

Equal remuneration between men and women for work of equal value. Public service. Referring to its previous comments where it noted that the Labour Code excludes civil servants from its scope of application (section 5(6)(2)), the Committee notes with interest that sections 4(1)(13) and 46(2) of Law No. 363-V of 26 March 2016 on the Public Service provide that the remuneration of civil servants shall be determined on the basis of the principle of equal remuneration for work of equal value. It further notes that section 46(2) of the Law provides that minimum and maximum salaries for each group of public service posts shall be established, and the head of the public service in a state body, within the limits of established wage funds, has the right to establish an increased salary for an individual public servant taking into account his or her profession, qualifications, difficulty of work, quantity and quality of work performed. The Committee also notes that, according to section 46(3), civil servants shall receive incentives as a result of their conscientiousness, creative performance of official duties, continuous excellent public service, and fulfilment of assignments of special importance and complexity. The Committee asks the Government to provide detailed information on the application of section 46(2) of Law No. 363-V in practice, including on the methods and criteria used for determining or revising post classifications and consequently wage scales, as well as statistical information on the number of civil servants, disaggregated by sex, occupational category and position, and average level of remuneration in each group of public service posts. It further asks the Government to indicate how it is ensured that men and women public servants have access to any additional payment or incentive provided for in sections 46(2) and (3) of the Labour Code on an equal footing.

Article 2(1). Scope. Exclusion of certain categories of workers. Referring to its previous comments where it noted that the Labour Code excludes from its scope of application “other persons, as determined by law” (section 5(6)(3)), the Committee notes that the Government did not provide any information on the categories of workers concerned. It, however, notes the Government’s statement that despite the specific legislative provisions regulating the employment of domestic workers, home-based workers, workers with secondary jobs, temporary or seasonal workers, as well as workers with disabilities, the principle of the Convention apply to these categories of workers. Recalling that the principle of the Convention applies to all workers, nationals and non-nationals, in all sectors of activity, including the public sector, and in the formal and informal economy, the Committee again asks the Government to specify the categories of workers excluded from the scope of the Labour Code, and if so, how they are guaranteed equal pay between men and women for work of equal value.

Article 2(2). Minimum wages and collective agreements. The Committee previously noted the lack of information regarding the methods used to ensure that the remuneration rates established in collective agreements and minimum wage instruments comply with the principle of equal remuneration. It notes the Government’s statement that minimum wage is fixed annually by a decision of the Government, and that according to article 49 of the new Constitution, every worker is entitled to a compensation which shall not be less than the minimum wage. The Government adds that some 133 sectoral and inter-sectoral collective agreements setting minimum wages had been concluded as of 1 January 2017, and that entity-level collective agreements, to be concluded annually at enterprises, organizations and institutions level, must set out the forms, systems and levels of remuneration, monetary rewards, allowances and increments in terms no less favourable that those contained in sectoral agreements. The Committee recalls that the determination of criteria for job evaluation and their weighting are matters on which cooperation between employers and workers is particularly important, giving collective bargaining an important place in this context (see 2012 General Survey, paragraph 705). In light of the persistent gender pay gap and occupational gender segregation of the labour market, the Committee again asks the Government to provide information on the measures taken to ensure that the remuneration rates fixed in collective agreements, as well as in minimum wage instruments, are free from gender bias, and that the work in sectors with a high proportion of women is not being undervalued in comparison with sectors in which men are predominantly employed. It asks the Government to provide summaries of the provisions of collective agreements fixing minimum wages, as well as statistical information on the percentage of women and men who are paid the minimum wage rates. Noting that a new general tripartite agreement was concluded in December 2015 between the Ministry of Labour and Social Protection, the National Trade Union Centre and the Union of Industrialists and Entrepreneurs, the Committee asks the Government to provide a copy of such agreement.

Articles 2 and 3. Determination of remuneration rates and objective job evaluation. The Committee previously noted that rates of remuneration are determined by the employment contract, collective agreements or wage agreements (section 116 of the Labour Code) and that remuneration depends on the worker’s qualifications, the nature, complexity and intensity of his or her work, working conditions, as well as the quantity and quality of work done (section 113 of the Labour Code). The Committee however notes that section 21 of Law No. 264-V of 18 August 2015 on State Guarantees for Equal Rights and Equal Opportunities for Women and Men ensures women and men equal pay for work of equal value and equality in the evaluation of the “quality of the work”, and that section 49 of the new Constitution and section 6(1)(1) of Law No. 411 V of 18 June 2016 on Employment guarantee remuneration that is consistent with the “quantity and quality of the work”. The Government adds that the level and types of remuneration do not depend on a worker’s gender but on an objective appraisal of the work performed. The Committee draws the Government’s attention to the difference that exists between individual performance appraisal, which aims to evaluate the way in which a worker performs his or her duties, and objective job evaluation, which seeks to measure the relative value of jobs with varying content on the basis of the tasks to be accomplished. Objective job evaluation is concerned with evaluating the job, not the individual worker. It further recalls that while criteria such as quality and quantity of work may be used to determine the level of earnings, the use of only these criteria is likely to have the effect of impeding an objective evaluation of the work performed by men and women on the basis of a wider range of criteria which are free from gender bias (see 2012 General Survey, paragraphs 695–696). In light of the legislative provisions recently adopted which provide that remuneration shall be determined according to the “quality and quantity of work” performed, the Committee asks the Government to clarify the manner in which such provisions combine with section 113 of the Labour Code, specifying the method and factors used to assess the value of different jobs. It asks the Government to provide information on the measures taken to ensure that the selection of such factors for comparison, the weighing of such factors and the actual comparison carried out are not discriminatory, either directly or indirectly. The Committee further asks the Government to indicate the measures taken to promote the use of objective job evaluation methods with a view to ensuring that the principle of equal remuneration for men and women for work of equal value is reflected in any methods for determining or revising rates of remuneration beyond the minimum wage, and to provide information on any job evaluation exercises which were undertaken, and their outcome.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Gender remuneration gap. From the data provided by the Government on the number of people employed in Turkmenistan and average salaries for 2011 and 2013, disaggregated by sex and by sector, the Committee notes that the average pay gap was at 16 per cent in 2013 and was as high as 38 per cent in the extractive industries and 34 per cent in retail and wholesale. With reference to its direct request under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), the Committee notes that the gender pay gap is due not only to restrictions on work in particular conditions but also to the length of career, education attainment and division of positions into traditionally “female and male jobs”. The Committee requests the Government to take measures to address the underlying causes of the existing gender wage gap, such as gender-based discrimination, gender stereotypes relating to aspirations, preferences and abilities of women, or vertical and horizontal occupational segregation, and to promote women’s access to a wider range of job opportunities at all levels. Please provide information on any action taken to this end and on any obstacles encountered. Please also provide updated statistical data disaggregated by sex on the distribution of men and women in the labour market and on the remuneration received by men and women by sector of economic activity, including the public sector.

Article 1 of the Convention. Equal remuneration for work of equal value. Legislation. The Committee notes from the Government’s report that the term “remuneration”, used in sections 13 and 14 of the Labour Code, is defined as sums of money, and other material benefits, received by workers and arising from their employment. It covers wages, salaries, bonuses, payments based on annual performance and various types of compensation and benefits paid for specific working conditions. Recalling that section 14(2)(6) of the Labour Code requires employers to ensure that workers receive “equal pay for work of equal value without discrimination”, the Committee notes with interest that section 13(1)(5) of the Labour Code which entitled workers to “equal pay for equal work” was amended by Law No. IV of June 2013 and now entitles workers to “equal pay for work of equal value”. The Government’s report contains no information on the practical application of these provisions but, in its information provided on the follow-up to the concluding observations of the Committee on the Elimination of Discrimination against Women (CEDAW/C/TKM/CO/3-4/Add.1, 2 March 2015), the Government indicated that it had developed a National Action Plan for Gender Equality (2015–20). The Committee requests the Government to: (i) provide detailed information on the objectives and outcomes of the National Action Plan (2015–20) and whether the implementation of the principle of equal remuneration is covered; (ii) indicate what specific elements are covered by the term “remuneration” used in sections 13 and 14 of the Labour Code; and (iii) provide information on any other practical application of the equal remuneration principle.

Article 2(1). Scope. Categories of workers. The Committee recalls that the Labour Code excludes from its scope of application civil servants (section 5(6)(2)) and “other persons, as determined by law” (section 5(6)(3)). Further to the Committee’s request, the Government indicated that the principle of equal remuneration for men and women applied to civil servants by virtue of the Civil Service Act. It further indicated that the principle also applied to domestic workers, but did not clearly indicate if other categories of workers fall under section 5(6)(3). The Committee requests the Government to indicate the legal provisions which apply the principle of equal remuneration for men and women for work of equal value to civil servants and domestic workers. Please also clarify whether any other category of workers is excluded from the scope of the Labour Code and, if so, how these persons are guaranteed equal pay for work of equal value between men and women.

Articles 2 and 3. Determination of remuneration rates and objective job evaluation. The Committee previously requested the Government to indicate how it ensured that the criteria used to determine the rates of remuneration were free from gender bias and that measures were taken to promote the use of objective job evaluation methods. The Committee notes, however, that the Government merely referred back to sections 113 and 116 of the Labour Code saying that remuneration rates are determined by employment contracts and collective agreements, and depend on the worker’s qualifications, skills and working conditions. The Committee recalls that stereotypical assumptions regarding women’s aspirations and capabilities tend to result in the undervaluation of “female jobs” in comparison with those of men who are performing different work and using different skills, when determining wage rates. Accordingly, where women are more heavily concentrated in certain sectors or occupations, there is a risk that the possibilities for comparison at the establishment level will be insufficient. For this reason, the Committee requests the Government to take measures to promote the use of objective job evaluation methods.

Minimum wages and collective agreements. The Committee notes the lack of information regarding the methods used to ensure that the remuneration rates established in collective agreements and minimum wage instruments comply with the principle of equal remuneration. The Committee recalls that the determination of criteria for job evaluation and their weighting are matters on which cooperation between employers and workers is particularly important, giving collective bargaining an important place in this context. The Government further indicated that much trade union activity is conducted jointly with state authorities but it failed to provide any detailed information on such activities. Recalling the need for effective measures to be taken in order to accomplish real progress in attaining equal remuneration for men and women for work of equal value, the Committee requests the Government to provide detailed information on the cooperation with the social partners, including any awareness-raising activities or training planned or undertaken, for the purpose of giving effect to the provisions of the Convention. Please indicate whether the minimum wage is set in consultation with the social partners. The Committee further requests the Government to take steps to ensure that the remuneration rates established in collective agreements, as well as in minimum wage instruments, are determined in accordance with the principle of equal remuneration for men and women for work of equal value and to provide examples of collective agreements that contain clauses reflecting this principle. Noting the conclusion of a general collective agreement between the Ministry of Labour and Social Protection, the National Trade Union Centre and the Union of Industrialists and Entrepreneurs on 23 August 2013, the Government is requested to provide a copy of such a collective agreement.

Enforcement. The Committee notes that the Government’s report contains no information on specific enforcement activities carried out by the competent authorities and bodies with respect to discrimination in remuneration and that the judicial authorities have not received any complaints regarding breaches of the right to equal pay for work of equal value. The Committee recalls that the absence of complaints does not necessarily mean that there is no wage discrimination in practice, as it may be due to a lack of awareness of or access to the respective rights and procedures, and to the remedies provided for under the law, or to fear of reprisals. The Committee requests the Government to take appropriate measures to raise public awareness of the relevant legislation, and of the procedures and remedies available in relation to wage discrimination. Please provide information on any breaches of the principle of equal pay reported to or detected by the authorities and bodies in charge of enforcing the labour legislation as well as any sanctions imposed and remedies provided.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes the Government’s first report, which contains a description of the legal framework regarding wages and non-discrimination in general. While awaiting translation of some of the relevant provisions of labour legislation giving effect to the Convention, the Committee asks the Government to provide further information on the following points.

Articles 1 and 2 of the Convention. Equal remuneration for work of equal value. Legislation. The Committee notes that pursuant to the Labour Code of 18 April 2009, “no restriction with respect to employment rights is permitted” on the basis of various enumerated grounds, including sex (section 7). It further notes that workers are entitled to “equal pay for equal work without discrimination” (section 13(1)(5)) and that the employer shall ensure that workers receive “equal pay for work of equal value” (section 14(2)(6)). In addition, section 12(2) of Act No. 154 of 14 December 2007 on state guarantees for equal rights for women provides that the State shall ensure equal remuneration for men and women for work of equal value. Finally, the Committee notes the Government’s indication that the principle of equal remuneration for men and women for work of equal value applies to civil servants. The Committee asks the Government to provide the following clarifications:

(i) why section 13(1)(5) of the Labour Code refers to “equal work” rather than “work of equal value” as in section 14(2)(6) and Act No. 154 of 2007;

(ii) what specific elements are covered by the term “remuneration” used in sections 13 and 14;

(iii) whether any categories of workers are excluded from the scope of the Labour Code under section 5(6)(3) and, if so, how it is ensured that the principle of equal remuneration for work of equal value is applied to these workers; and

(iv) the legal provisions specifying the application of the principle of the Convention to civil servants.

Please also provide information on the practical application of the equal remuneration provisions of the Labour Code and Act No. 154 of 2007, including any administrative or judicial decisions relating to the principle of the Convention.

Articles 2 and 3. Determination of remuneration rates and objective job evaluation. The Committee notes that rates of remuneration are determined by the employment contract, collective agreements or wage agreements (section 116 of the Labour Code). It also notes that, in accordance with section 113 of the Labour Code, the remuneration of the worker depends on his or her qualifications, the nature, complexity and intensity of his or her work and working conditions as well as the quantity and quality of work done, and cannot be lower than the established minimum wage. Recalling that skills considered to be “female” are often undervalued or even overlooked in comparison with traditionally “male” skills, the Committee asks the Government to indicate how it is ensured that the criteria used to determine the rates of remuneration, and their weighting, are free from gender bias and whether any measures have been taken to promote the use of objective job evaluation methods. The Committee further asks the Government to provide information on the method used to ensure that remuneration rates established in collective agreements, as well as in minimum wage instruments, are determined in accordance with the principle of equal remuneration for men and women for work of equal value. Please also provide examples of collective agreements that contain clauses reflecting the principle of the Convention as well as information on their practical application.

Article 4. Cooperation with employers’ and workers’ organizations. Noting the role of the social partners in the determination of remuneration rates, the Committee asks the Government to provide information on cooperation with the employers’ and workers’ organizations, including any awareness activities or training planned or undertaken, for the purpose of giving effect to the provisions of the Convention.

Parts III and IV of the report form. Enforcement. The Committee notes from the Government’s report that the labour legislation is enforced by a specific public body, trade unions and technical and labour inspections, local executive bodies and ministries. It notes however that the Government’s report contains no information on enforcement activities carried out by these competent authorities and bodies with respect to discrimination in remuneration. The Committee further notes the Government’s indication that no complaint concerning the violation of the principle of the Convention has been submitted to the courts. The Committee recalls that the absence of complaints does not necessarily mean that there is no wage discrimination in practice, as such discrimination may be difficult to detect and the workers may not always be aware of their rights and the means of redress available under the legislation. The Committee asks the Government to provide information on any breaches of the principle of equal remuneration reported to or detected by the authorities and bodies in charge of enforcing the labour legislation as well as any sanctions imposed and remedies provided.

Part V. Assessment of the gender remuneration gap. The Committee notes that the Government’s report does not contain any data on the earnings of men and women. In order to be able to assess the application of the Convention in practice, the Committee asks the Government to provide any information available on the remuneration gap between men and women as well as the fullest possible statistical data on the participation of men and women in the labour market and their average actual earnings broken down, if possible, by occupation, branch of activity, seniority and level of qualifications, with respect to both the private and the public sectors.