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

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

Articles 1 and 2 of the Convention. Gender remuneration gap and measures to address such gap. The Committee notes from the Government’s report, that the gender wage gap has increased during the current reporting period. It notes that in 2020 the ratio of women’s average wages to men’s average wages was 83.5 per cent, and 1.2 percentage points higher than in 2019. It further notes that the growth rate of women's average wages was 3.2 percentage points higher than that of men in that period (7.9 per cent). The Committee notes that while in 2021 the ratio difference in women’s and men’s wages decreased by a percentage point, it then increased in 2022 due to a slower growth rate compared with male salaries resulting in a ratio of women’s average wages to men’s average wages of 82.3 per cent. The Committee recalls that one of the indicators in the Strategy for Equality of Women and Men was to reduce the difference in remuneration of men and women to the average difference in the European Union (12.7 per cent) and notes that, according to EUROSTAT 2022 data, Czechia has the third highest gender wage gap in the European Union, at 17.9 per. In that regard, the Committee notes the Government’s indication that project “Equality of Women and Men at the Labour Market focusing on (In)Equal Remuneration of Women and Men – 22 per cent to full EQUALITY” ended in 2022 and that, from 2023, the project continues under the name “Equal pay - Strategies and Tools for Increasing Transparency in Pay and Increasing the Enforceability of the Right to Equal Pay under the Labour Code”. It also notes that this project has produced sociological, economic and legal studies and analyses focusing in particular on the refinement of the calculation of gender pay inequalities and the identification of their causes, and that good practices from abroad have been collected with the aim of identifying policies, legislative and non-legislative measures and instruments to promote transparency and institutional security in the area of equal pay. The Committee finally notes the adoption of Government Resolution No. 1097 of 21 December 2022 approving the Action Plan for the Equal Remuneration of Women and Men for 2023–26 which focuses inter alia on promoting transparent remuneration, equal pay inspections, reconciliation of work and personal life, and education and awareness-raising, and that within the project, a free legal advice centre is operated, practical methodologies for equal work and work of equal value have been created and an online wage and salary calculator is available to the general public. It is based on the Swiss equal pay analytical tool for employers - LOGIB - and pilot tested in the country. The Committee asks the Government to kindly provide a summary of the findings and recommendation of the sociological, economic and legal studies and analyses produced by the project “Equality of Women and Men at the Labour Market focusing on (In)Equal Remuneration of Women and Men - 22 per cent to full EQUALITY”, the project “Equal pay - Strategies and Tools for Increasing Transparency in Pay and Increasing the Enforceability of the Right to Equal Pay under the Labour Code”, as well as the Action Plan for the Equal Remuneration of Women and Men for 2023–26, and to detailed the measures implemented to reduce the gender remuneration gap, the obstacles encountered and the results achieved.

Scope of comparison. For a number of years, the Committee has been pointing out that the Labour Code limits the application of the principle of equal remuneration for work of equal value to workers employed by the ‘same’ employer (Section 110(1)). The Committee again recalls that, to address effectively the differences in men’s and women’s wages, the reach of comparison between jobs performed by women and men should be as wide as possible, in the context of the level at which wage policies, systems and structures are coordinated. Where women are more heavily concentrated in certain sectors or occupations, there is a risk that the possibilities for comparison at the enterprise or establishment level will be insufficient if the application of the principle is limited to the same employer. Legislation should not exclude the possibility of bringing equal pay claims where no comparator is available within the enterprise, particularly in cases where enterprises predominantly employ women. The Committee welcomes the information provided by the Government that, since 2016, the State Labour Inspection Office (SLIO) has had a special focus on equal pay audits for men and women, examining whether any difference in remuneration between men and women employees is influenced by gender, or whether men and women employees are discriminated against on the basis of their gender. The Committee notes that in 2021, the first inspections were launched to pilot test the LOGIB analytical tool, which should help to target a control sample of men and women employees who may be subject to unequal pay for jobs of equal value, and that equal pay inspections using this tool continued in 2022–23, and that the data sample used is generated from remuneration data for the entire employee population. The Committee notes that a challenge identified from the LOGIB tool is the complication in obtaining the required data structure from the employer to identify the “same” work and work of “equal value”. Finally, the Committee notes that Czechia is a member of the Equal Pay International Coalition (EPIC), and that the Government indicated that, being a member of EPIC will give the country the opportunity to further exchange good practices and broaden cooperation with countries that adopted pay equity long ago and have experience, tools, and approaches that can help it design the institutional positioning of pay equity and its further development in the Czech Republic. In addition to adopting the Swiss tool LOGIB and investing into its Czech translation, pilot-testing, and even some add-ons, it has studied good practices in Canada – mainly Ontario and Quebec – and their Job Comparison system based on objective factors which takes into consideration the skills, efforts, and responsibilities that are often undervalued in jobs performed mainly by women; and Spain which was also a great inspiration although their Job Evaluation System is very similar to the Canadian one. The Committee asks the Government to: (i) examine, in consultation with employers’ and workers’ organizations, the possibility to enable the comparison of jobs beyond the same employer, particularly where there is no appropriate comparator available in the enterprise, in order to fully implement the principle of equal remuneration for men and women for work of equal value; and (ii) provide clarification on whether the LOGIB tool uses the data sample of the wages of the entire employee population to compare same work and work of equal value beyond the same employer, and how the findings of discrimination are identified and remedied in practice.

Application of the principle in the public sector. The Committee again asks the Government to indicate the measures taken to ensure that the principle of equal remuneration for men and women for work of equal value is applied in practice in the public service and how men and women civil servants can avail themselves of their right to equal remuneration for work of equal ‘value’. Recalling that, in the public sector, pay differentials may come from post classification, the Committee asks the Government to indicate how it is ensured that post classification is devoid of gender bias (e.g. that work mainly performed by women is not undervalued).

Enforcement. Labour inspection. The Committee notes the Government’s general statements that inspectors working in the field of equal treatment receive training and attend seminars about equal pay. For example, in 2023, two workshops were organized for labour inspectors focusing on equal remuneration, equal work and work of equal value. The Committee notes that in 2022 and the first half of 2023, labour inspection authorities carried out 177 inspections focusing on equal pay between men and women and that a breach was found in 33 cases. The Committee asks the Government to: (i) continue to provide information on violation of the principle of the Conventions detected by, or brought to the attention of, the labour inspectors as well as cases dealt with by the Public Defender of Rights, indicating the nature of the case, any sanctions imposed and the remedies provided; and (ii) take the necessary measures to promote public awareness of the legal provisions on equal remuneration between men and women for work of equal value and the procedures and remedies available where there has been a violation thereof, and to assist complainants in such procedures.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Articles 1 and 2 of the Convention. Gender remuneration gap and measures to address such gap. The Committee notes from the Government’s report that in 2014, the average wage of women still represented 78.4 per cent of men’s (78.5 per cent in 2013). The Committee welcomes the strong commitment from the Government to address effectively the gender remuneration gap through the set of measures and actions in the Strategy for Equality of Women and Men for 2014–20 and the project entitled “Equality of Women and Men at the Labour Market focusing on (In)Equal Remuneration of Women and Men – 22% to full EQUALITY” to be implemented between 2016 and 2020 in cooperation with the European Social Fund. In addition, to the numerous initiatives and measures planned to ensure in general gender equality on the labour market, including measures to address vertical and horizontal segregation between men and women, the Committee notes the following specific measures: the organization of an information campaign on the gender pay gap and stereotypes; an in-depth analysis of the pay differentials, including identification of their underlying causes; the promotion of tools to identify such inequalities, such as the LOGIB-CZ self-test tool; training for labour officials, labour inspectors and employers; an analysis of legal possibilities to provide incentives to employers applying gender equality in practice; a national media awareness-raising campaign; the elaboration of proposals, including legislative provisions, aimed at increasing transparency in wages as well as a strategic action plan to reduce pay differentials between men and women. The Government also indicates that one of the indicators in the Strategy for Equality of Women and Men is to reduce the difference in remuneration of men and women to the average difference in the European Union (around 12 per cent). The Committee asks the Government to provide information on the legal and practical measures taken, within the framework of the Strategy for Equality of Women and Men 2014-2020 and the 22% to full EQUALITY project or otherwise, to reduce the gender remuneration gap, the obstacles encountered and the results achieved.

Scope of comparison. For a number of years, the Committee has been pointing out that the Labour Code limits the application of the principle of equal remuneration for work of equal value to workers employed by the same employer (section 110(1)). The Government indicates in its report that the introduction of the obligation for employers of more than 50 employees to publish information regarding the average remuneration in individual comparable categories of employees and job positions according to gender is part of the priorities in implementing equality for women and men for 2015. In this respect, the Committee notes the observations from the Confederation of Industry attached to the Government’s report, indicating that although employers are interested in closing the pay gap, they do not support such legislative proposal. The Committee considers that more transparency in information regarding wages would help workers to identify inequalities and contribute to implementing the principle of equal remuneration for men and women for work of equal value. However, the Committee notes that the Government continues to consider that the application of the principle to workers with different employers is not possible in practice. The Government also reiterates that there are significant differences in the standard of living between the different regions of the country and that this is reflected in the different wage rates applied on the basis of the principle of supply and demand. The Committee would like to point out once again that the Convention does not require the abolition of differences in the general wage level between various regions, sectors or even enterprises, where such differences apply equally to men and women. The Committee recalls that to address effectively the differences in men’s and women’s wages, the reach of comparison between jobs performed by women and men should be as wide as possible, in the context of the level at which wage policies, systems and structures are coordinated. Where women are more heavily concentrated in certain sectors or occupations, there is a risk that the possibilities for comparison at the enterprise or establishment level will be insufficient if the application of the principle is limited to the same employer. Legislation should not exclude the possibility of bringing equal pay claims where no comparator is available within the enterprise, particularly in cases where enterprises predominantly employ women. The Committee asks once again the Government to take the necessary measures, in consultation with employers’ and workers’ organizations, to examine at its earliest convenience the possibility to enable the comparison of jobs beyond the same employer, particularly where there is no appropriate comparator available in the enterprise, in order to implement fully the principle of equal remuneration for men and women for work of equal value. The Committee asks the Government to provide information on the action taken with respect to the proposal to publish information on wages.

Application of the principle in the public sector. The Committee notes from the Government’s report the adoption of Act No. 234/2014 on Civil Service, which governs in its Part IX the remuneration of civil servants, including basic characteristics of salary scales, and Government Regulation No. 305/2015 on salaries of civil servants establishing salary scales. The Committee notes the Government’s indication that the Act does not include any provisions prohibiting discrimination between men and women but it provides that where the details of the remuneration of civil servants are not governed by the Act they are regulated by the general provisions of the Labour Code and therefore indirectly by the Anti-Discrimination Act to which the Labour Code refers. The Committee asks the Government to indicate the measures taken to ensure that the principle of equal remuneration for men and women for work of equal value is applied in practice to the public service and how male and female civil servants can avail themselves of their right to equal remuneration for men and women for work of equal value. Recalling that, in the public sector, pay differentials between men and women may come from the post classification and therefore the salary scales applicable – work mainly performed by women is often undervalued – the Committee asks the Government to indicate the methodology used to ensure that salary scales were established free from gender bias and took into consideration the principle of the Convention.

Enforcement. Labour inspection. The Committee welcomes the Government’s indication that a pilot project on the supervision of the performance of labour inspectors in the area of equal remuneration for men and women was to be implemented from March to May 2016 in some regional inspectorates. The results of this pilot project will be used as a basis for the elaboration of a specific methodological instruction on this issue. The Committee also welcomes the Government’s indication that of 144 labour inspectors, 16 inspectors are specialized in equal treatment at the workplace and are regularly trained through seminars and meetings. The Committee notes, however, that the Government continues to provide statistics that do not concern specifically violations of the principle of equal remuneration for men and women for work of equal value, but rather violations in the field of discrimination or of the right to equal treatment in general. The Committee asks the Government to provide information on the results of the pilot project on equal remuneration and the methodology developed on the basis thereof. It also asks the Government to provide information on any violations concerning specifically the principle of equal remuneration for men and women for work of equal value detected by, or brought to the attention of, the labour inspectors as well as cases dealt with by the Public Defender of Rights, indicating the nature of the case, any sanctions imposed and the remedies provided. The Committee once again asks the Government to take the necessary measures to promote public awareness of the legal provisions on equal remuneration between men and women for work of equal value and the procedures and remedies available where there has been a violation thereof, and to assist complainants in such procedures.

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

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

Gender remuneration gap. The Committee notes the detailed statistics provided by the Government which show that the overall average gross monthly earnings of women represented, in 2010, 75.1 per cent of men’s (54.5 per cent in financial and insurance and 69.8 per cent in manufacturing; 91.6 per cent in administrative and support service activities and 83.7 per cent in administration). The Committee notes the Government’s indication that the gender pay gap is mainly due to differences in education and the employment situation of men and women in the labour market and, in particular, to the concentration of women in occupations and activities generating lower earnings. The Committee asks the Government to take proactive measures to raise awareness of the gender pay gap and its underlying causes, in particular horizontal and vertical occupational gender segregation, among workers, employers and their organizations, and to address these issues. Please provide information on any measures taken in this respect.

Scope of comparison. For a number of years, the Committee has been pointing out that the Labour Code limits the application of the principle of equal remuneration for work of equal value to workers employed by the same employer. In reply to the Government’s indication that there are significant differences in the standard of living between the different regions of the country and that this is reflected in the wage rates applied, the Committee recalled in its previous comments that the Convention does not require the abolition of differences in the general wage level between various regions, sectors or even enterprises, where such differences apply equally to men and women. The Committee notes the Government’s statement that the application of the principle of equal remuneration between men and women for work of equal value is practically unfeasible among groups of employers. The Committee recalls that the reach of comparison between jobs performed by women and men should be as wide as possible, in the context of the level at which wage policies, systems and structures are coordinated. Where women are more heavily concentrated in certain sectors or occupations, there is a risk that the possibilities for comparison at the enterprise or establishment level will be insufficient. Legislation should not exclude the possibility of bringing equal pay claims where no comparator is available within the enterprise, particularly in cases where enterprises predominantly employ women. The Committee recalls that the European Committee of Social Rights has also considered under the European Social Charter that “[a]s comparisons need to be made in order to determine whether women and men really do receive equal pay, the Committee has consistently found that the possibility to look outside an enterprise for an appropriate comparison should exist where necessary” (Conclusions XIII-1, page 121) (General Survey on the fundamental Conventions, 2012, paragraphs 697–699). The Committee once again asks the Government to take the necessary measures, in consultation with employers’ and workers’ organizations, to examine the possibility to enable the comparison of jobs beyond the same employer, particularly where there is no appropriate comparator available in the enterprise, in order to implement fully the principle of equal remuneration for men and women for work of equal value.

Article 3 of the Convention. Objective job evaluation. While noting the Government’s explanation regarding the methods and the procedure used to assess the value of work, the Committee asks the Government to indicate the measures taken in practice to encourage the use of such methods and procedures in both the private and the public sectors and to provide information on any job evaluation which was undertaken, and the outcome thereof.

Public service. The Committee notes the Government’s indication that the entry into force of Act No. 218/2002 (the Civil Service Act) once again has been postponed until 1 January 2015. The Committee notes that the CMKOS reiterates the same observations according to which the changes in the remuneration of employees in the public services and administration introduced by the Government from 1 January 2011, within a context of budgetary reductions of 10 per cent for 2011, violate the principles of “equal pay for equal work or work of equal value” and “equal treatment as regards remuneration” set out in the Labour Code and are in contradiction with European Union law. According to the CMKOS, with the exception of teaching staff, the employers in the public service have the possibility to apply two different systems of remuneration. The organization states that it is necessary to assess the public service as a whole sector to ensure equal remuneration for work of equal value. In its reply, the Government confirms that this new system has been introduced, in order, among others, to correct possible discrimination on the basis of age due to the seniority principle which deprived young employees from obtaining adequate remuneration in case of high performance. The Government also indicates that the CMKOS’s observations were discussed by the Tripartite Working Team of the Council of Economic and Social Agreement for Co-operation with the ILO, on 22 August 2012, during which the representative of the employers pointed out that in the private sector, differences in remuneration are usually due to overtime or risk bonuses and other factors unrelated to gender. With respect to the public sector, the Committee wishes to point out that pay differentials between men and women may come from the post classification applicable or may arise from inequalities between men and women in the access to, and the payment of, additional emoluments, such as overtime payments, allowances or bonuses. Noting the Government’s indication that no special provisions concerning equality between men and women have been directly adopted with regard to the public service, the Committee asks the Government to provide specific information on the measures taken to ensure that the principle of equal remuneration for men and women for work of equal value is applied in practice to the public service. The Committee once again hopes that the Civil Service Act will enter into force in the near future and that it will reflect the principle of the Convention, and asks the Government to provide information on the implementation of the Act, once it is adopted, with respect to the principle of the Convention.

Enforcement. The Committee notes the information provided by the Government on the number of complaints and infringements. However, it seems that this information does not concern violations of the principle of equal remuneration for men and women for work of equal value, but rather violations in the field of discrimination or of the right to equal treatment in general. The Committee asks the Government to continue to provide information on any violations concerning specifically the principle of equal remuneration for men and women for work of equal value detected by, or brought to the attention of the labour inspection services and the Public Defender of Rights (Rights Ombud), indicating the nature of the case, any sanctions imposed and the remedies provided. The Committee once again asks the Government to take the necessary measures to promote public awareness of the legal provisions on equal remuneration between men and women for work of equal value and the procedures and remedies available where there has been a violation thereof, and to assist complainants in such procedures.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

The Committee notes the observations of the Czech–Moravian Confederation of Trade Unions (CMKOS) attached to the Government’s report and the Government’s reply thereto.

Gender remuneration gap. The Committee notes the detailed statistics provided by the Government which show that the overall average gross monthly earnings of women represented, in 2010, 75.1 per cent of men’s (54.5 per cent in financial and insurance and 69.8 per cent in manufacturing; 91.6 per cent in administrative and support service activities and 83.7 per cent in administration). The Committee notes the Government’s indication that the gender pay gap is mainly due to differences in education and the employment situation of men and women in the labour market and, in particular, to the concentration of women in occupations and activities generating lower earnings. The Committee asks the Government to take proactive measures to raise awareness of the gender pay gap and its underlying causes, in particular horizontal and vertical occupational gender segregation, among workers, employers and their organizations, and to address these issues. Please provide information on any measures taken in this respect.

Scope of comparison. For a number of years, the Committee has been pointing out that the Labour Code limits the application of the principle of equal remuneration for work of equal value to workers employed by the same employer. In reply to the Government’s indication that there are significant differences in the standard of living between the different regions of the country and that this is reflected in the wage rates applied, the Committee recalled in its previous comments that the Convention does not require the abolition of differences in the general wage level between various regions, sectors or even enterprises, where such differences apply equally to men and women. The Committee notes the Government’s statement that the application of the principle of equal remuneration between men and women for work of equal value is practically unfeasible among groups of employers. The Committee recalls that the reach of comparison between jobs performed by women and men should be as wide as possible, in the context of the level at which wage policies, systems and structures are coordinated. Where women are more heavily concentrated in certain sectors or occupations, there is a risk that the possibilities for comparison at the enterprise or establishment level will be insufficient. Legislation should not exclude the possibility of bringing equal pay claims where no comparator is available within the enterprise, particularly in cases where enterprises predominantly employ women. The Committee recalls that the European Committee of Social Rights has also considered under the European Social Charter that “[a]s comparisons need to be made in order to determine whether women and men really do receive equal pay, the Committee has consistently found that the possibility to look outside an enterprise for an appropriate comparison should exist where necessary” (Conclusions XIII-1, page 121) (General Survey on the fundamental Conventions, 2012, paragraphs 697–699). The Committee once again asks the Government to take the necessary measures, in consultation with employers’ and workers’ organizations, to examine the possibility to enable the comparison of jobs beyond the same employer, particularly where there is no appropriate comparator available in the enterprise, in order to implement fully the principle of equal remuneration for men and women for work of equal value.

Article 3 of the Convention. Objective job evaluation. While noting the Government’s explanation regarding the methods and the procedure used to assess the value of work, the Committee asks the Government to indicate the measures taken in practice to encourage the use of such methods and procedures in both the private and the public sectors and to provide information on any job evaluation which was undertaken, and the outcome thereof.

Public service. The Committee notes the Government’s indication that the entry into force of Act No. 218/2002 (the Civil Service Act) once again has been postponed until 1 January 2015. The Committee notes that the CMKOS reiterates the same observations according to which the changes in the remuneration of employees in the public services and administration introduced by the Government from 1 January 2011, within a context of budgetary reductions of 10 per cent for 2011, violate the principles of “equal pay for equal work or work of equal value” and “equal treatment as regards remuneration” set out in the Labour Code and are in contradiction with European Union law. According to the CMKOS, with the exception of teaching staff, the employers in the public service have the possibility to apply two different systems of remuneration. The organization states that it is necessary to assess the public service as a whole sector to ensure equal remuneration for work of equal value. In its reply, the Government confirms that this new system has been introduced, in order, among others, to correct possible discrimination on the basis of age due to the seniority principle which deprived young employees from obtaining adequate remuneration in case of high performance. The Government also indicates that the CMKOS’s observations were discussed by the Tripartite Working Team of the Council of Economic and Social Agreement for Co-operation with the ILO, on 22 August 2012, during which the representative of the employers pointed out that in the private sector, differences in remuneration are usually due to overtime or risk bonuses and other factors unrelated to gender. With respect to the public sector, the Committee wishes to point out that pay differentials between men and women may come from the post classification applicable or may arise from inequalities between men and women in the access to, and the payment of, additional emoluments, such as overtime payments, allowances or bonuses. Noting the Government’s indication that no special provisions concerning equality between men and women have been directly adopted with regard to the public service, the Committee asks the Government to provide specific information on the measures taken to ensure that the principle of equal remuneration for men and women for work of equal value is applied in practice to the public service. The Committee once again hopes that the Civil Service Act will enter into force in the near future and that it will reflect the principle of the Convention, and asks the Government to provide information on the implementation of the Act, once it is adopted, with respect to the principle of the Convention.

Enforcement. The Committee notes the information provided by the Government on the number of complaints and infringements. However, it seems that this information does not concern violations of the principle of equal remuneration for men and women for work of equal value, but rather violations in the field of discrimination or of the right to equal treatment in general. The Committee asks the Government to continue to provide information on any violations concerning specifically the principle of equal remuneration for men and women for work of equal value detected by, or brought to the attention of the labour inspection services and the Public Defender of Rights (Rights Ombud), indicating the nature of the case, any sanctions imposed and the remedies provided. The Committee once again asks the Government to take the necessary measures to promote public awareness of the legal provisions on equal remuneration between men and women for work of equal value and the procedures and remedies available where there has been a violation thereof, and to assist complainants in such procedures.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Gender remuneration gap. The Committee notes that, according to Eurostat, the average gross hourly earnings gap between men and women was 25.9 per cent in 2009. It also notes from the Government’s report that a greater increase in men’s earnings in 2010 led to an increase in the gap between the average wage of men and the average wage of women, also increasing to 25.9 per cent. According to the 2010 statistics provided by the Government, the gap between the median wages of men and women amounted to 21 per cent in the private sector and 15.3 per cent in the public sector. The Committee asks the Government to provide information on any measures taken or envisaged to address the significant gender remuneration gap and its underlying causes, such as occupational job segregation and gender stereotypes.

Scope of comparison. In its previous comments, the Committee pointed out that the Labour Code limits the application of the principle of equal remuneration for work of equal value to workers employed by the same employer. The Committee notes the Government’s statement that the application of the principle of equal remuneration for equal work or work of equal value can only be secured within the framework of a single employer. The Government states that there are significant differences in the standards of living between the different regions of the country and that this is reflected in the wage rates applied. It states that it is necessary to take into account the differences in the cost of living according to the regions. The Government considers that the application of the principle of equal remuneration between various employers would limit geographical and professional work mobility and result in the weakening of the basic functions of the labour market. The Committee wishes to recall that the Convention does not require the abolition of differences in the general wage level between various regions, sectors or even enterprises where such differences apply equally to men and women (General Survey on equal remuneration, 1986, paragraph 22). The Committee, however, draws the Government’s attention to the fact that limiting the scope of comparison between jobs to the same employer or establishment entails the risk that in situations where women are heavily concentrated in certain sectors of the economy or in certain jobs the possibility for comparison between two different jobs, in order to determine whether those jobs are overall of equal value, will be insufficient. The Committee therefore asks the Government to consider extending the application of the principle of equal remuneration between men and women for work of equal value beyond the level of the establishment and the enterprise, and to provide information on any measures taken in this respect, in collaboration with workers’ and employers’ organizations.

Article 3. Objective job evaluation. The Committee notes the Government’s statement that, in many fields of work, it is practically impossible to assess whether specific employees with different employers carry out the same work or whether the differences in their remuneration are partly based on the different nature of the work or the tasks undertaken. The Committee recalls that the principle of equal remuneration for men and women for work of equal value encompasses not only the same work or the same tasks, but also includes work that is of an entirely different nature, but which is nevertheless of equal value. In this respect, the Committee emphasizes the importance of the use of objective job evaluation methods in effectively applying the principle of equal remuneration for men and women for work of equal value, since in order to establish whether different jobs are of equal value, there has to be an examination of the respective tasks involved on the basis of non-discriminatory criteria. In this respect, the Committee recalls that section 110 of the Labour Code defines “the same (equal) work or work to which equal value has been attributed” on the basis of criteria such as complexity, responsibility, degree of effort, working conditions and working efficiency. The Committee therefore once again asks the Government to provide information on the measures taken or envisaged to promote the development and use of objective job evaluation methods as a means to promote equal remuneration for men and women for work of equal value.

Public service. The Committee notes the Government’s indication that the entry into force of Act No. 218/2002 (the Service Act) once again has been postponed until 1 January 2012. The Committee also notes the observations of the Czech and Moravian Confederation of Trade Unions (CMKOS) according to which the changes in the remuneration of employees in the public services and administration introduced by the Government from 1 January 2011, within a context of budgetary reductions of 10 per cent for 2011, violate the principles of “equal pay for equal work or work of equal value” and “equal treatment as regards remuneration” set by the Labour Code and are in contradiction with European Union law. According to CMKOS, with the exception of teaching staff, the possibility for employers in the public service to apply two different systems of remuneration, i.e. existing salary tables and rates and salary tables with flexible margins and contractual rates which could be negotiated, would be contrary to the principle of equal treatment in remuneration. In reply, the Government states that the possibility of using a specific method for determining the salary rate (salary rate in the range) for employees in the public service, excluding teachers, and the possibility for negotiating “contract wages” does not constitute a violation of the Convention. According to the Government, this new remuneration system reinforces the powers of public employers in determining the salaries individually, without exonerating them from applying the general principles set by law, such as equal treatment in remuneration and equal remuneration for work of equal value. Noting the trade union’s observations and the Government’s reply, the Committee asks the Government to provide information on the manner in which it ensures that, when determining wages under the new remuneration system for public servants, female and male employees performing equal work or work of equal value receive equal remuneration. The Committee hopes that the Service Act will enter into force in the near future and asks the Government to provide information on its implementation with respect to the principle of the Convention.

Enforcement. The Committee notes the information provided by the Government on the violations of section 110 of the Labour Code detected by labour inspectors. It notes, however, that the labour inspection services have not yet detected any case of discrimination in remuneration on the basis of sex. The Committee would like to point out that the absence of cases identified by the labour inspectors or the absence of complaints does not necessarily mean that there is no wage discrimination between men and women in practice, as such discrimination may be difficult to identify or prove, 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 take the necessary measures to promote public awareness of the legal provisions on equal remuneration between men and women for work of equal value and the procedures and remedies available where there has been a violation thereof, and to assist complainants in such procedures. The Committee also asks the Government to continue to provide information on any violations of the principle of equal remuneration for women and men for work of equal value detected by, or brought to the attention of, the labour inspection services, indicating the nature of the case, any sanctions imposed and the remedies provided.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes 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:

Legislative developments. The Committee notes that the new Labour Code (Act No. 262/2006, as amended by Act No. 585/2006) which entered into force on 1 January 2007, replaced Act No. 1/1992 on wages and Act No. 143/1992 on salaries which both provided that men and women shall receive equal wages or salary for equal work and for work of equal value. Under the new Labour Code the employer must ensure equal treatment for all employees and comply with the prohibition of discrimination (section 13(2)(b)) and the principle of equal pay (wage, salary or other monetary benefits and benefits of monetary value) and, where appropriate, other remuneration for equal work and for work of equal value. Under section 16(1), employers shall safeguard equal treatment for all employees as regards, amongst others, remuneration for work and other emoluments in cash and in kind (of monetary value). Section 110(1) provides that all employees employed by one employer are entitled to receive equal wage, salary or remuneration for the same (equal) work or for work to which equal value has been attributed. The meaning of “the same (equal) work or work to which equal value has been attributed” is further defined on the basis of criteria such as complexity, responsibility, strenuousness, working conditions and working efficiency. Noting that section 110 of the new Labour Code provides equal remuneration for work of equal value more broadly rather than for men and women more specifically, the Committee asks the Government to provide information on its practical application and its impact on reducing the gender pay gap. In this regard, please provide information on the specific activities carried out by the labour inspectorate to monitor the legislation and to indicate the number, nature and outcomes of cases concerning equal remuneration for men and women for work of equal value brought before the courts.

Scope of comparison. The Committee notes that the new Labour Code continues to limit the application of the principle of equal remuneration for work of equal value to employees employed by one employer. The Committee recalls its general observation of 2006 in which it noted that the application of the Convention’s principle is not limited to comparisons between men and women in the same establishment or enterprise and that it allows for a much broader comparison to be made between jobs performed by men and women in different enterprises or between different employers. Where women are heavily concentrated in certain sectors of activities or occupations, there is a risk that the possibilities for comparison may be insufficient at the level of the establishment. In this regard, the Committee notes the comments made by the Czech-Moravian Confederation of Trade Unions stating that female-dominated jobs tend to be lower paid in comparison with similar positions which are not female dominated. The Committee considers that increased attention to the principle of equal remuneration for men and women for work of equal value, through cross-sectoral approaches, may assist in addressing this situation. The Committee asks the Government to provide information on the measures taken or envisaged to promote the application of the Convention’s principles beyond the level of the establishment or enterprise, including in cooperation with employers’ and workers’ organizations, as envisaged under Article 4 of the Convention.

Objective job evaluation methods. In reply to the Committee’s previous comments concerning the development and use of methods of objective job evaluation, the Government refers to section 110 of the new Labour Code which sets out specific factors and subfactors of job evaluation. The Committee also notes that, according to the Czech-Moravian Confederation of Trade Unions, one of the main causes of remuneration differentials is the valuation of women’s competencies as compared to men’s. While the Committee welcomes the legal framework for objective job evaluation set out in section 110 of the Labour Code, it also notes that there is a need to develop and use specific methods of job evaluation incorporating these factors and ensuring their application free from gender bias. The Committee asks the Government to provide information on the measures taken or envisaged to promote the development and use of objective job evaluation methods as a means to promote equal remuneration for men and women for work of equal value, in accordance with Article 3.

Public service. The Committee notes that the entry into force of Act No. 218/2002 (Service Act) has been further postponed until 1 January 2009, while Government Decision No. 881 of 13 August 2007 sets forth principles for the new legislation governing public employment. The Committee asks the Government to continue to provide information on the development of public service legislation and to indicate whether and how it applies the Convention’s principle.

Gender remuneration gap. The Committee notes that the overall gender remuneration gap (average monthly wage) has decreased from 25.1 per cent in 2004 to 24.6 per cent in 2006. As regards the median wage, the gap decreased from 19.1 per cent in 2004 to 18.3 per cent in 2006. According to EUROSTAT, the average hourly earnings gap between men and women was 19 per cent in 2005. The Committee asks the Government to continue to provide detailed statistical data on the earnings of men and women. Please also provide a summary of the findings of the study entitled “The structure of differences in earnings of men and women in management” published by the Research Institute on Labour and Social Affairs in 2007.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

1. Legislative developments. The Committee notes that the new Labour Code (Act No. 262/2006, as amended by Act No. 585/2006) which entered into force on 1 January 2007, replaced Act No. 1/1992 on wages and Act No. 143/1992 on salaries which both provided that men and women shall receive equal wages or salary for equal work and for work of equal value. Under the new Labour Code the employer must ensure equal treatment for all employees and comply with the prohibition of discrimination (section 13(2)(b)) and the principle of equal pay (wage, salary or other monetary benefits and benefits of monetary value) and, where appropriate, other remuneration for equal work and for work of equal value. Under section 16(1), employers shall safeguard equal treatment for all employees as regards, amongst others, remuneration for work and other emoluments in cash and in kind (of monetary value). Section 110(1) provides that all employees employed by one employer are entitled to receive equal wage, salary or remuneration for the same (equal) work or for work to which equal value has been attributed. The meaning of “the same (equal) work or work to which equal value has been attributed” is further defined on the basis of criteria such as complexity, responsibility, strenuousness, working conditions and working efficiency. Noting that section 110 of the new Labour Code provides equal remuneration for work of equal value more broadly rather than for men and women more specifically, the Committee asks the Government to provide information on its practical application and its impact on reducing the gender pay gap. In this regard, please provide information on the specific activities carried out by the labour inspectorate to monitor the legislation and to indicate the number, nature and outcomes of cases concerning equal remuneration for men and women for work of equal value brought before the courts.

2. Scope of comparison. The Committee notes that the new Labour Code continues to limit the application of the principle of equal remuneration for work of equal value to employees employed by one employer. The Committee recalls its general observation of 2006 in which it noted that the application of the Convention’s principle is not limited to comparisons between men and women in the same establishment or enterprise and that it allows for a much broader comparison to be made between jobs performed by men and women in different enterprises or between different employers. Where women are heavily concentrated in certain sectors of activities or occupations, there is a risk that the possibilities for comparison may be insufficient at the level of the establishment. In this regard, the Committee notes the comments made by the Czech-Moravian Confederation of Trade Unions stating that female-dominated jobs tend to be lower paid in comparison with similar positions which are not female dominated. The Committee considers that increased attention to the principle of equal remuneration for men and women for work of equal value, through cross-sectoral approaches, may assist in addressing this situation. The Committee asks the Government to provide information on the measures taken or envisaged to promote the application of the Convention’s principles beyond the level of the establishment or enterprise, including in cooperation with employers’ and workers’ organizations, as envisaged under Article 4 of the Convention.

3. Objective job evaluation methods. In reply to the Committee’s previous comments concerning the development and use of methods of objective job evaluation, the Government refers to section 110 of the new Labour Code which sets out specific factors and subfactors of job evaluation. The Committee also notes that, according to the Czech-Moravian Confederation of Trade Unions, one of the main causes of remuneration differentials is the valuation of women’s competencies as compared to men’s. While the Committee welcomes the legal framework for objective job evaluation set out in section 110 of the Labour Code, it also notes that there is a need to develop and use specific methods of job evaluation incorporating these factors and ensuring their application free from gender bias. The Committee asks the Government to provide information on the measures taken or envisaged to promote the development and use of objective job evaluation methods as a means to promote equal remuneration for men and women for work of equal value, in accordance with Article 3.

4. Public service. The Committee notes that the entry into force of Act No. 218/2002 (Service Act) has been further postponed until 1 January 2009, while Government Decision No. 881 of 13 August 2007 sets forth principles for the new legislation governing public employment. The Committee asks the Government to continue to provide information on the development of public service legislation and to indicate whether and how it applies the Convention’s principle.

5. Gender remuneration gap. The Committee notes that the overall gender remuneration gap (average monthly wage) has decreased from 25.1 per cent in 2004 to 24.6 per cent in 2006. As regards the median wage, the gap decreased from 19.1 per cent in 2004 to 18.3 per cent in 2006. According to EUROSTAT, the average hourly earnings gap between men and women was 19 per cent in 2005. The Committee asks the Government to continue to provide detailed statistical data on the earnings of men and women. Please also provide a summary of the findings of the study entitled “The structure of differences in earnings of men and women in management” published by the Research Institute on Labour and Social Affairs in 2007.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

1. Article 2 of the Convention. Scope of comparison. The Committee notes the views expressed by the Government concerning the application of the principle of equal remuneration for work of equal value beyond the enterprise level. In this regard, the Government stated that it was practical to apply the principle only to employment linked to a single shared financial source, since employers had little opportunity to compare the remuneration of their own employees with remuneration paid by other enterprises. Nevertheless, the Government also stated that legislative amendments were under discussion to replace the reference to “the same employer”, in the relevant provisions with a more general reference to “the employer” and that the Ministry of Labour and Social Affairs continued to consider the application of the equal pay principle between different employers. The Committee asks the Government to keep it informed of any further developments regarding this matter.

2. Public service. Recalling its previous comments, the Committee notes the Government’s indication that the entry into force of Act No. 218/2002 (Civil Service Act) was postponed until 1 January 2007. It asks the Government to keep it informed of the evolving legislative framework to apply the Convention in the public service and of the practical application and impact of the relevant laws and regulations on equal remuneration. Please supply information on any relevant administrative or judicial decisions concerning equal remuneration and statistical information on the gender pay gap in the public service.

3. Article 3. Objective job evaluation. The Committee notes the Government’s statement that the Ministry of Labour and Social Affairs has published some information material concerning methods of job evaluation and has recommended their application in the context of litigation, preparation of collective agreements and enterprise-level wage rules. It asks the Government to continue to provide information on the measures taken to promote the development and use of methods of objective evaluation of jobs as a means to promote equal remuneration in accordance with the Convention.

4. Part V of the report form. General appreciation of the Convention’s application. The Committee notes from the Government’s report that in 2004 women earned 74.9 per cent of men’s average wage. The gender pay gap was widest among university graduates, with women only earning 67.3 per cent of men’s average wage. The Committee notes that recently completed research commissioned by the Government found that the differences in career paths of men and women and marked inequalities as regard the sharing of family responsibilities are major causes for the persisting gender pay gap. Noting from the report that the Government addresses the gender pay gap in the framework of its National Action Plan to Promote Gender Equality and the National Employment Action Plan, the Committee requests the Government to provide information on how the specific measures carried out under these plans impact on the gender pay gap.

Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

1. Articles 2 and 3 of the Convention. Promoting and ensuring the application of the Convention in practice. In its previous observation, the Committee noted with interest the issuing of administrative instructions for labour inspectors concerning the monitoring of legal provisions on gender equality, including the principle of equal remuneration for men and women for work of equal value. The Committee notes with interest that the Government continued to strengthen its legal and institutional framework to apply the Convention by including in the Labour Inspection Act of 3 May 2005 provisions defining violation of the equal pay principle by natural and legal persons as an administrative offence subject to fines (sections 13 and 26). The Committee notes from the Government’s report that labour inspections tended to focus on areas other than gender-based discrimination, but nevertheless in the second half of 2004 and first half of 2005, a total of 757 cases of breaches of the provisions on equal remuneration for work of equal value were identified. The Committee asks the Government to continue to provide information on the work of the labour inspection services in monitoring the application of equal pay provisions, including information on the extent, nature and outcome of the cases dealt with. The Committee would also appreciate receiving information on any court decisions concerning the principle of equal remuneration for men and women for work of equal value.

2. Furthermore, the Committee notes that the Czech-Moravian Confederation of Trade Unions, in their comments attached to the Government’s report, express the view that a greater role should be played by the individual employer in promoting equal remuneration for men and women for work of equal value. In this regard, the union suggests that gender equality plans should be adopted at the enterprise level. The Committee asks the Government to provide information on any measures taken to facilitate and encourage enterprise-level measures to promote the application of the principle of the Convention, in cooperation with workers’ and employers’ organizations.

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

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

1. Article 2 of the Convention. Reach of comparison. The Committee recalls that section 4a of Act No. 1/1992 on wages, remuneration for standby and average earnings and section 3(3) of Act No. 143/1992 on pay, remuneration for standby in budgetary and certain other organizations and bodies, both as amended by Act No. 217/2000, limit the application of equal remuneration for the same work or work of equal value to the same employer. Recalling that the Convention extends the principle of equal remuneration for work of equal value beyond the same establishment or employer, the Committee asks the Government to include the scope at which wages are set and hopes that comparisons between work performed can be extended to this breadth. Please provide information on this matter in the Government’s next report.

2. Article 3. Objective job evaluation. The Committee notes an analytical method has been used to assess the value of public sector jobs and to assign remuneration levels accordingly and that the results of this process are reflected in Regulation No. 469/2002 defining the catalogue of works and qualification requirements and Regulation No. 330/2003 on wages of employees in the public sector and in the administration. The Committee may comment on these regulations as soon as translations into an official ILO language become available. In the meantime, the Government is asked to provide information on the measures taken or planned to provide assistance offered to private sector employers in applying section 4a of Act No. 1/1992.

3. Article 4. Cooperation with workers’ and employers’ organizations. The Committee notes with interest the activities of the Czech-Moravian Confederation of Union Associations and the Association of Industry and Transport of the Czech Republic to promote gender equality at the workplace, including equal remuneration. The Government is asked to continue to provide information on the activities of workers’ and employers’ organizations to promote the better application of the Convention, including through collective bargaining. Please indicate whether effect has been given to the suggestion to include the issue of equal remuneration as a standing item on the agenda of the Council for Economic and Social Agreement.

4. Part V of the report form. General appreciation of the Convention’s application. The Committee notes that, according to the Government, labour market segregation by gender, concentration of women in certain sectors, lower earnings for women and wage discrimination, difficulties in accessing managerial and decision-making positions remain determinants of women’s income situation. The Committee notes from the Structure of Earnings Survey carried out by the Czech Statistical Office that by average women earned 74.6 per cent of men’s gross monthly earnings in 2003, compared to 71.4 per cent in 2001. The Committee also notes that the gender wage gap between men and women with a university education remains particularly high at 35 per cent. The Committee therefore urges the Government to continue its efforts to address the prevailing disparity between men and women’s remuneration and asks the Government to continue to provide information on the measures taken or envisaged to ensure that women workers have equal access to higher-qualified and better-paid jobs and to promote their access into non-traditional occupations. Please also provide information on any progress made in this regard.

5. The Committee notes that the Labour and Social Affairs Research Institute continued its research into the causes of the gender pay gap in 2003 through establishing the statistical and sociological data to determine the portion of the wage gap which results from discrimination. The Government is asked to provide the results of this research. Please also continue to provide statistical information on the earnings of men and women, as far as possible in accordance with the Committee’s 1998 general observation on the Convention.

Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

1. Articles 1 and 2 of the Convention. Application of the Convention through laws and regulations. The Committee notes the entry into force on 1 January 2004 of Act No. 218/2002 on the service of public servants in administrative authorities and on remuneration of such servants and other employees in administrative authorities ("Service Act"). Section 80 establishes the principle of equal treatment of all civil servants as regards working conditions, including "remuneration and other monetary fulfilment".  Under Part X of the Act, the remuneration of public servants, candidates to the public service and other employees in administrative authorities consists of a basic salary and additional payments, such as extra pay for performing management duties, overtime, night work, rewards, etc. Under section 136(2) of the Act, the Government has issued Regulation No. 469/2002 containing the catalogue of administrative activities classified into pay grades pursuant to their complexity, responsibility and demanding nature. The Committee considers that the above provisions are in accordance with the Convention and asks the Government to provide information on their implementation in practice, including any relevant administrative or judicial decisions, as well as their impact on reducing the gender gap in all levels of remuneration in the public service.

2. Articles 2 and 3. Promoting and ensuring the application of the Convention in practice. The Committee notes with interest the Ministry of Labour and Social Affairs’ Methodological Instruction No. 9/2002 addressed to labour inspectors. The Instruction explains the legal provisions on gender equality in force, including the principle of equal remuneration for men and women workers for work of equal value, and highlights the role of labour inspectors in ensuring their application. The Instruction provides practical guidance to labour inspectors on how to conduct equality inspections. In addition, the Ministry issued detailed methodological instructions for inspections regarding equal remuneration on 25 October 2003 which instruct inspectors to use an analytical method for assessing work value in order to determine wage discrimination. The Committee welcomes these measures to promote the application of the Convention in practice by providing labour inspectors with the necessary instructions and expertise. The Government is asked to provide information on the practical use of these instructions and the number of inspections carried out concerning pay discrimination, including any sanctions imposed. Please also continue to provide information on any other measures taken to address the existing wide gender remuneration gap.

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

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes 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 in relevant parts as follows:

1. The Committee notes that Act. No. 217/2000 of 27 June limits the understanding of same work or work of equal value to the same employer. Recalling that the Convention extends the principle of equal remuneration for work of the same value beyond the same establishment or employer, and requires that comparisons be made as wide as the scope at which wages are set, the Committee asks the Government to include the scope at which wages are set and hopes that comparisons can extend to this breadth.

2. The Committee notes the information submitted by the Government stating that the Ministry of Labour and Social Affairs has already developed a methodology to evaluate various types of jobs, which introduces criteria to assess the equality of remuneration. The Committee observes that its application will only start once the Public Service Act has been adopted. The Government indicates that this methodology will be applied as from January 2002 at the earliest and although it is applicable only to state employees it will be available for the settlement of conflicts in the private sector by analogy. The Committee asks the Government to provide in the next report a copy of the methodology, including the criteria and weighting used, and to also include information on its implementation.

3. Relevant to its previous comments referring to the measures that the Government has taken to protect women from reduction of wages as a result of pregnancy, motherhood or family responsibilities, the Committee notes that the Government has proposed an amendment concerning the benefits during pregnancy and maternity. The Committee asks the Government to provide information on the adoption of this amendment and to send a copy as soon as it is adopted.

4. The Committee notes the Government’s statement confirming that the difference between men’s and women’s earnings continues to persist and is even slightly worsening. The statistical data provided by the Government for 2000 show that women’s average earnings are 71.86 per cent of men’s with women earning in the private sector 73.97 per cent of men’s salaries and only 70.74 per cent in the public sector. If analysed by sectors, the biggest earnings gap is found in the banking and insurance sector where women’s earnings are 46.38 per cent less than those of men’s; in trade the difference is 42.5 per cent; in hotels and restaurants 37.66 per cent; in health and social services 33.69 per cent; in industry 31.37 per cent; in education 33.69 per cent; and in administration 26.39 per cent less than men’s. The Government states that the difference between men’s and women’s working hours and work content has an impact on the different earning levels of remuneration. While women have in general higher education levels than men do, women have a higher participation in non-manual jobs, except professional and management workers on the one hand and non-skilled workers on the other. At the managerial level there are more men than women. For example, men have a dominant position in the three highest grades and only 12 per cent of women are found in the highest grade. The Committee asks the Government to provide information on the measures it has taken or envisages to ensure that women workers have equal access to higher qualified and better paid jobs and to promote their access into non-traditional occupations.

5. The Committee notes that by a resolution of 1998 the Government invited the Ministry of Labour and Social Affairs to coordinate all action in the area of equal opportunities for men and women with the cooperation of other ministries. The Government states that that the national action plan has been reviewed in June 2000, and among the measures adopted in the action plan relevant to the principle of equal remuneration, special attention was to be given to: (1) the inspection activities regarding the observation of labour legislation; and (2) the promotion of such principle by means of negotiations in the Council for Economic and Social Agreement. The Committee asks the Government to continue to provide information on the activities that the Council for Economic and Social Agreement ("tripartite") carries out in order to ensure the principle of equal remuneration for men and women in collective agreements or during the collective bargaining process.

6. The Committee notes that no specific labour inspections were conducted in 1998 nor during 1999 regarding the application of discrimination provisions on the basis of sex, and that no labour offices registered cases of complaints on wage discrimination. The Government expects that with the amendments of the legislation, in particular of the Labour Code and of the Act on wages, remuneration for stand-by and average earnings, and the Act on pay, remuneration for stand-by in budgetary and certain other organizations and Bodies, there are to be changes in relation to the presentation of complaints. The Committee asks the Government to provide information on the measures it is taking in order to publicize the recent amendments in the labour legislation so both women and men know their rights and that they are entitled to enforce and defend them. The Committee also asks the Government to provide information on the labour inspection activities and reports as soon as they are available, and court decisions relevant to the application of this Convention.

7. The Committee notes the further documentation provided by the Government in 2001 and it will return to this information once the translation of this documentation into one of the official languages of the ILO is available.

Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

1. The Committee notes the comments submitted by the International Confederation of Free Trade Unions (ICFTU) on 5 October 2001 as well as the Government’s reply of 7 December 2001. The ICFTU alleges that national legislation is not in conformity with the Convention as it requires only that women receive equal pay for performing the same work. The ICFTU also states that the salaries of women are approximately 30 per cent lower than those of men and that women are disproportionately over-represented in lower remunerated jobs and under-represented in senior positions. The Committee takes note of the Government’s reply that Act No. 1/1992 on wages and Act No. 143/1992 on salaries have been amended by Act No. 217/2000, which explicitly states that men and women shall receive equal wages or salary for equal work and for work of equal value. The Committee recalls that, in its previous observation, it welcomed these legislative changes requiring payment of equal remuneration for men and women for equal work and work of equal value. Noting, however, that progress still has to be made in reducing the 30 per cent wage gap between men and women, the Committee asks the Government to provide information on the implementation of the provisions of the Labour Code and the relevant Acts regulating remuneration in the public and in the private sectors and on the progress made in the application of the principle in practice.

2. The Committee notes the adoption of Act No. 218/2002 of 26 April 2002 (Civil Service Act). Pending further translation of the Civil Service Act, the Committee will examine the conformity of the Act with the Convention at its next session.

The Committee is addressing a direct request to the Government on other relevant points.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes with interest the information provided by the Government in its report and the annexed documents.

1. The Committee notes that Act. No. 217/2000 of 27 June limits the understanding of same work or work of equal value to the same employer. Recalling that the Convention extends the principle of equal remuneration for work of the same value beyond the same establishment or employer, and requires that comparisons be made as wide as the scope at which wages are set, the Committee asks the Government to include the scope at which wages are set and hopes that comparisons can extend to this breadth.

2. The Committee notes the information submitted by the Government stating that the Ministry of Labour and Social Affairs has already developed a methodology to evaluate various types of jobs, which introduces criteria to assess the equality of remuneration. The Committee observes that its application will only start once the Public Service Act has been adopted, which is still under preparation. The Government indicates that this methodology will be applied as from January 2002 at the earliest and although it is applicable only to state employees it will be available for the settlement of conflicts in the private sector by analogy. The Committee asks the Government to provide in the next report a copy of the methodology, including the criteria and weighting used, and to also include information on its implementation.

3. Relevant to its previous comments referring to the measures that the Government has taken to protect women from reduction of wages as a result of pregnancy, motherhood or family responsibilities, the Committee notes that the Government has proposed an amendment concerning the benefits during pregnancy and maternity. The Committee asks the Government to provide information on the adoption of this amendment and to send a copy as soon as it is adopted.

4. The Committee notes the Government’s statement confirming that the difference between men’s and women’s earnings continues to persist and is even slightly worsening. The statistical data provided by the Government for 2000 show that women’s average earnings are 71.86 per cent of men’s with women earning in the private sector 73.97 per cent of men’s salaries and only 70.74 per cent in the public sector. If analysed by sectors, the biggest earnings gap is found in the banking and insurance sector where women’s earnings are 46.38 per cent less than those of men’s; in trade the difference is 42.5 per cent; in hotels and restaurants 37.66 per cent; in health and social services 33.69 per cent; in industry 31.37 per cent; in education 33.69 per cent; and in administration 26.39 per cent less than men’s. The Government states that the difference between men’s and women’s working hours and work content has an impact on the different earning levels of remuneration. While women have in general higher education levels than men do, women have a higher participation in non-manual jobs, except professional and management workers on the one hand and non-skilled workers on the other. At the managerial level there are more men than women. For example, men have a dominant position in the three highest grades and only 12 per cent of women are found in the highest grade. The Committee asks the Government to provide information on the measures it has taken or envisages to ensure that women workers have equal access to higher qualified and better paid jobs and to promote their access into non-traditional occupations.

5. The Committee notes that by a resolution of 1998 the Government invited the Ministry of Labour and Social Affairs to coordinate all action in the area of equal opportunities for men and women with the cooperation of other ministries. The Government states that that the national action plan has been reviewed in June 2000, and among the measures adopted in the action plan relevant to the principle of equal remuneration, special attention was to be given to: (1) the inspection activities regarding the observation of labour legislation; and (2) the promotion of such principle by means of negotiations in the Council for Economic and Social Agreement. The Committee asks the Government to continue to provide information on the activities that the Council for Economic and Social Agreement ("tripartite") carries out in order to ensure the principle of equal remuneration for men and women in collective agreements or during the collective bargaining process.

6. The Committee notes that no specific labour inspections were conducted in 1998 nor during 1999 regarding the application of discrimination provisions on the basis of sex, and that no labour offices registered cases of complaints on wage discrimination. The Government expects that with the amendments of the legislation, in particular of the Labour Code and of the Act on wages, remuneration for stand-by and average earnings, and the Act on pay, remuneration for stand-by in budgetary and certain other organizations and Bodies, there are to be changes in relation to the presentation of complaints. The Committee asks the Government to provide information on the measures it is taking in order to publicize the recent amendments in the labour legislation so both women and men know their rights and that they are entitled to enforce and defend them. The Committee also asks the Government to provide information on the labour inspection activities and reports as soon as they are available, and court decisions relevant to the application of this Convention.

7. The Committee notes the further documentation provided by the Government in 2001 and it will return to this information once the translation of this documentation into one of the official languages of the ILO is available.

Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

1. Further to its previous comments, the Committee notes with interest that the Labour Code of 1965 was substantially amended in 2000 in order to bring it into conformity with the relevant European Union legislation and the Convention. Section 1 of the Labour Code prohibits discrimination against employees on the ground of sex, inter alia, and establishes that all employers shall ensure equal treatment of all employees as regards their working conditions, including pay and other considerations (emoluments) in cash or kind for their work.

2. The Committee also notes that Act No. 1/1992 on wages, remuneration for stand-by and average earnings, which governed remuneration in all spheres except for wages in "budgetary organizations" (i.e. organizations financed from the state budget), has been amended by Act No. 217/2000. Act No. 217/2000 also amends Act No. 143/1992 on pay, remuneration for stand-by in budgetary and certain other organizations and bodies. The Committee notes that this Act requires the payment of equal remuneration for men and women for work of equal value and that a job classification system will be used for determining the wages based on the same criteria for both men and women. The Committee also notes that the principle of equal pay is extended to all components of remuneration.

3. The Committee notes with interest the classifications provided in the law as to how work of the same or equal value is to be determined, and that the Act sets out the objective criteria to be used to appraise the same or comparable difficulty, responsibility, exertion, working conditions, work capacity and work performance of the employee.

4. The Committee asks the Government to provide information on the implementation of the Labour Code and both Acts regulating remuneration in the public and in the private sectors and on the application of the principle in practice.

The Committee is addressing a direct request to the Government on other relevant points.

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

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.

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

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.

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes 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.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes the information contained in the first report of the Government on the application of the Convention since the partition of the Czech and Slovak Federal Republic in December 1992, which was received too late to be examined at its previous session. It requests the Government to provide additional information on the following points:

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.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

With reference to its previous comments, the Committee notes the information supplied by the Government in its report.

1. The Committee notes with interest that while wages are determined and paid to workers according to the quantity, quality and social importance of their work, the amended Labour Code (No. 52/1989, section 111(2)) also requires employers to differentiate wages according to the complexity of the work involved and the conditions under which it is performed, the prerequisites of its performance, the personal ability of individual workers and their merit in the attained results of a worker's team and the organisation concerned. The Committee also notes the indications provided concerning the tariff system of remuneration, under which wages are set according to an evaluation of the quality and qualification demands of the work (using the criteria of complexity, difficulty and challenge) and of the working conditions (judged primarily by the criteria of harmful environment, exertion, possibly the location and social significance of the job). The Committee notes that the analytical method of evaluation of jobs is used for manual and technical-economic workers; and a similar method is used for the evaluation of general working conditions. The Committee would request the Government to furnish copies of the qualification catalogues (for manual work and for technical-economic and trade functions) prepared on the basis of these evaluations, together with corresponding wage scales; and to provide copies of any pertinent decrees issued by the Federal Ministry of Labour and Social Affairs and departmental ministries.

2. The Committee notes that the statistical data supplied in respect of a June 1984 inquiry (concerning the average wages of men and women in selected industries) and of a 1988 inquiry (covering 10 per cent of the workers in industry) disclose significant wage differentials between men and women workers. The Government indicates that the primary causes of the differentials are: differences in the amount of work (for the same qualifications and in the same wage level, women work less overtime and are more frequently absent); type and nature of the work (women perform less qualified, less arduous or less difficult work). The Government also points out that the stability of the relationship between men's and women's wages is caused primarily by the division of labour in the economy and the existence of so-called men's and women's occupations which is not always due to differences in physical or psychic ability but in some cases to tradition and possibly prejudice.

As concerns the references to physical strength - as a criterion for job evaluation and as a factor to explain the wage differential - the Committee would recall paragraphs 150-152 of its 1986 General Survey on Equal Remuneration where it drew attention to the need to ensure that the criteria for the appraisal of jobs do not undervalue the skills normally required for work that is, in practice, performed by women. By adopting evaluation criteria that do not favour one sex over the other and by applying them in a uniform manner, differences in wages resulting from traditional sterotypes with regard to the value of "women's work" are likely to be reduced. In relation to other factors which contribute to the wage differential, such as the predominance of women in low-skilled, low-level positions and inadequate education or training for non-traditional areas of employment, the Committee observes that the application of Convention No. 100 would be greatly assisted by such measures as the Government is taking concerning the training and employment of women, which were noted by the Committee in its previous comments under Convention No. 111. The Committee requests the Government to continue to supply information on developments concerning the application of the principle of equal remuneration.