Solicitud directa (CEACR) - Adopción: 2024, Publicación: 113ª reunión CIT (2025)

Convenio sobre igualdad de remuneración, 1951 (núm. 100) - Albania (Ratificación : 1957)

The Committee notes the observations provided by the Union of Independent Trade Union of Albania (BSPSH), transmitted by the Government.

Articles 1 and 2 of the Convention. Addressing the gender pay gap and its underlying causes. The Committee takes note of the statistical information gathered through labour inspections and provided in the Government's report, according to which: (1) women represented about 50 per cent of the workers earning the minimum wage in 2021; and (2) during 2021 and 2022, manufacturing was the economic activity with more female employees, and was also the economic activity showing the highest gender pay gap in 2021 (23.21 per cent) and among the higher levels of informal employment violations (work without a contract). The Committee observes that, in its concluding observations, the CEDAW noted with concern the concentration of women in lower-paid jobs and that the gender pay gap is a result of the lower participation in the formal labour market and amounts to 27 per cent in the industry sector, in which women are concentrated (CEDAW/C/ALB/CO/5, 21 June 2023, para 33). Recalling that one of the underlying causes of the gender pay gap is often gender-related occupational segregation (where women tend to be concentrated in certain jobs and occupations which, in turn, are often characterized by lower pay and worse professional prospects), the Committee refers in this regard to its comments on the application of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111). The Committee asks the Government to continue providing up to date disaggregated data on distribution of workers in different sectors, specifying remuneration levels, and data on the gender pay gap in different sectors of the economy.

Articles 1(b) and 2. Definition of work of equal value. Legislation. The Committee recalls that the definitions of work of equal “value" provided for in the Labour Code (section 115(4)) and in the Law No. 9970 on Gender Equality in Society (section 4(8)) differ in the elements they take into account when defining work of equal ‘value’. The Labour Code refers to the nature, quality and quantity of work, working conditions, professional background and seniority, physical and intellectual attempts, experience and responsibilities, while the Law on Gender Equality in Society refers to knowledge, professional abilities and physical and intellectual efforts. The Committee recalls that the Convention presupposes the use of appropriate techniques for objective job evaluation to determine equal value, comparing factors such as skill, effort, responsibilities and working conditions. The objective evaluation of jobs to determine whether they have an equal relative ‘value’ is different from performance appraisals, which aim at evaluating the performance of an individual worker in carrying out his or her job. The Committee observes that the definition of work of equal “value" established in the Labour Code encompasses evaluation factors that seem to be linked to the performance of an individual worker, such as the quality and quantity of work and the seniority. The Committee asks the Government to provide information on how sections 115(4) of the Labour Code and 4(8) of Law No. 9970 on Gender Equality in Society are implemented in practice. With a view to ensure greater clarity and legal certainty, the Committee asks the Government, once again, to inform of whether any measures are envisaged in order to harmonize the different definitions of work of equal value provided for under these two laws.

National strategies and action plans. The Government indicates that the National Strategy for Gender Equality (NSGE) 2021–2030 was adopted in 2021. The Committee takes note of the text of the Strategy, and in particular of the indications that: (1) according to the evaluation of the NSGE 2016–2020, the gender pay gap decreased between 2019 and 2021, attaining 10.1 per cent in the latter; and (2) the NSGE 2021–2030 does not expressly refer to equal pay but includes, among its strategic objectives, the promotion of women's employment and the reduction of barriers keeping women away from the labour market, including in non-traditional sectors (in particular science, technology, engineering and mathematics (STEM)).

Article 3. Objective job evaluation. The Committee takes note of the Government's indication that wages in the public sector depend on the salary category of the job position. The Government points out that salary categories are determined in a centralized manner and that the classification of job positions in such categories is based on the evaluation of four factors: problem solving (complexity and consequences), decision-making process (decision type and freedom to act), management environment (operational focus and supervisor-subordinate relationship), and technical environment (education). It indicates that each of these factors is evaluated with points, free from gender bias and not depending on the individual criteria of the job holder. The Committee observes that this seems to include some of the factors which the Committee considers quite appropriate for objective job evaluation, such as qualifications and responsibility, but that it does not clearly include working conditions (such as the physical and psychological environment) or effort (such as physical, mental and emotional effort) as evaluation factors, which would be too restrictive in terms of the principle of the Convention (see General Survey of 2012 on the fundamental Conventions, paragraphs 675 and 700; and the ILO’s “Equal pay: An introductory guide“, pages 31–32 and 38–46). In that regard, the Committee notes that, in its observations, the BSPSH suggests the implementation of an ILO guideline for the promotion of gender-neutral job evaluations and the establishment of a Committee on Pay Equity in the private sector. The Committee requests the Government to clarify whether “effort” and "working conditions" are taken into account as factors for comparing work of the same “value” in the public sector, and in what way. It also asks again the Government to provide information on any measure adopted to promote the use of objective job evaluation methods in the private sector. The Committee reminds the Government that it may avail itself of the technical assistance of the Office in this regard.

Enforcement and awareness-raising. The Committee takes note of the Government's indication that: (1) 0.4 per cent of cases treated by the State Labour and Social Services Inspectorate in 2021 concerned claims of "unequal treatment and discrimination in the workplace"; (2) inspections carried out during 2021 focused on the fashion industry, where 95 per cent of employees are women; and (3) the Commissioner for Protection from Discrimination treated two cases concerning allegations of pay inequality, which were both dismissed. The Government further informs that the campaign "Together we achieve more" is being carried out to inform employees of the fashion industry on terms and conditions of work, the importance of work contracts and the rights and obligations in work relations. The Committee notes that, in 2021 and 2022, the Office provided technical assistance to develop a special training program for more than a hundred members of the judiciary, in which training was provided on international labour standards on equality and non-discrimination. The Committee asks the Government to continue taking measures to raise awareness for ensuring the implementation of the principle set out in the Convention, and to inform of the training and information initiatives undertaken to address workers and employers and their respective organizations, as well as judges and other officials responsible. Lastly, the Committee asks the Government to continue to provide information on the number, nature and outcome of cases of pay discrimination, in both the private and public sectors, dealt with by the competent authorities.