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

Convenio sobre igualdad de remuneración, 1951 (núm. 100) - Ucrania (Ratificación : 1956)

Articles 1–4 of the Convention. Gender pay gap and its underlying causes, including occupational gender segregation. The Committee notes that the Government, in its report, repeats the information previously provided regarding the Equal Pay International Coalition (EPIC), the Biarritz Partnership for Gender Equality and the development of a National Strategy to reduce the gender pay gap. It also notes that the Government indicates that: (1) in September 2022, as part of EPIC, staff from the Ministry of Economy participated in the first online session on the analysis of the underlying causes of the gender pay gap; (2) an analysis was carried out to determine the root causes of the gender pay gap at two levels: “the immediate causes and the deep causes”; this analysis contributed to the formulation of strategic operational goals, tasks and measures to address the causes of the gender pay gap; (3) the Ministry of Social Policy, with the involvement of social partners and other stakeholders and with the support of the United Nations Entity for Gender Equality and the Empowerment of Women (UN Women), developed and adopted a National Strategy for Ensuring Equal Rights and Opportunities for Women and Men for the period up to 2030 and an operational plan for its implementation; (4) in October of 2023, the Ministry of Economy, the ILO and UN Women participated in the event: “Towards the implementation of the National Strategy to overcome the gender pay gap for the period until 2030 and the contribution of partners to this process”; and (5) in November 2023, at the request of the Ministry of Economy, together with representatives of the ILO, the event “The principle of equal pay for work of equal value in international labour standards, European Union legislation and other legal acts” was held for experts working on the modernization of labour legislation. The Committee notes that the Government cannot provide updated statistical data on the evolution of the gender pay gap, due to the suspension of publication of statistical information during martial law. It adds that up to 2021, the gender pay gap had been showing a steady decrease but that due to the war, it has once again increased, as a large number of women of working age with children were forced to go abroad, while men aged 18 to 60 years who are able to perform military duty are subject to general mobilization in Ukraine. The Committee notes, from the Government’s report to the United Nations Committee on the Elimination of All Forms of Discrimination Against Women (CEDAW) that the outcomes achieved through the implementation of the National Strategy for Ensuring Equal Rights and Opportunities for Women and Men for the period up to 2021 include: (1) an increased participation of women in the Parliament and local councils; (2) a reduced gender pay gap; and (3) the integration of a gender component into regulations. However, the rate of men among the persons on parental leave until a child reaches the age of 3 has not increased, and women’s representation at the senior level of public service has remained almost unchanged (CEDAW/C/UKR/9, 29 December 2021, paragraph 84).

The Committee further observes that the CEDAW, in its concluding observations, noted with concern: (1) the risk of roll-back of achievements in gender equality in the current conflict context; (2) the persistent stereotypes on the patriarchal roles and responsibilities of women and men in the family and in society, despite efforts to combat discriminatory gender stereotypes in the media, including awareness-raising campaigns; (3) the continued horizontal and vertical segregation in the labour market and the high concentration of women in low-paid jobs, in the informal sector and in positions in the formal sector, for which the employer does not declare income for tax and social protection; (4) the orientation of women and girls to traditionally female-dominated occupations in career guidance at the educational level and in programmes for unemployed women; and (5) the persistent gender pay gap, despite continued efforts to reduce it by the Government (CEDAW/C/UKR/CO/9, 1 November 2022, paragraphs 23(e), 27 and 39). The Committee notes the persisting gender pay gap and the continued horizontal and vertical occupation segregation in the country. While noting the extremely difficult situation in the country, the Committee therefore once again asks the Government to: (i) pursue its efforts to reduce the gender pay gap and to provide information on the measures adopted to this end, including in the framework of EPIC, the Biarritz Partnership for Gender Equality, the National Strategy for Ensuring Equal Rights and Opportunities for Women and Men or otherwise, as well as on the impact of these measures; (ii) provide detailed information regarding the planned adoption of a draft National Strategy to reduce the gender pay gap and, if applicable, on its contents, implementation and results; (iii) refer to its comments under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), with regard to the persistence of high levels of occupational gender segregation, and to take steps to address this issue; and (iv) provide, if possible, detailed statistics on the wages and salary levels of men and women, by sector of economic activity and, if possible, occupational category, as well as any information or survey available on the gender pay gap.

Articles 1(b) and 2. Equal remuneration for men and women for work of equal value. Legislation. The Committee recalls that section 17 of the Law on Ensuring Equal Rights and Equal Opportunities of Women and Men (2005) which requires employers “to pay equally for the work of women and men with the same qualification and the same working conditions” does not give full legislative expression to the principle of equal remuneration for men and women for work of equal value. The Committee notes the Government reiterated general statement that it is actively working on achieving full compliance with all EPIC criteria, including ensuring that its legislation complies with the principle of the Convention. The Committee once again requests the Government to: (i) take all the necessary steps to give full legislative expression to the principle of equal remuneration for men and women for work of equal value, including by amending section 17 of the Law on Ensuring Equal Rights and Opportunities of Women and Men (2005) accordingly; and (ii) provide information on the application in practice of section 17 of the Law, including on the number of cases brought before the competent authorities and their outcome (sanctions imposed and remedies granted). The Committee also requests the Government to provide an update on the labour law reform and, if applicable, to include provisions reflecting the principle of the Convention in the future Labour Code.

Article 3. Objective job evaluation. The Committee notes that the Government merely reiterates the information previously provided. It therefore once again asks the Government to: (i) take steps towards the development, adoption and implementation of a gender-neutral objective job evaluation method, in the context of the adoption of the draft national strategy to reduce the gender pay gap or otherwise; and (ii) promote the use of objective job evaluation methods, free from gender bias, in the establishment of wages and salary scales in the private and the public sectors, including when determining remuneration in collective agreements.

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