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

Equal Remuneration Convention, 1951 (No. 100) - Denmark (Ratification: 1960)

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:

The Committee notes the information in the Government’s report, and the attached documentation. However, as most of the appendices were in the Danish language, it was not possible at this session to examine all of the information provided in the appended texts and the Committee may therefore raise questions on such information at its next session.

1. The Committee notes from the Government’s report the existence of a fairly constant wage gap between women and men over the past 15 years (1985 to 2000). The report on wage differences between men and women co-published by the Ministry of Labour and the Equal Status Council in June 2000 attests to this fact as denoted in the various tables included in the report, e.g. the hourly wage rate in the private sector in 1996 was 153.2 kroner for men and 126.2 kroner for women (a difference of 20.9 per cent), while in the public sector it was 147.0 kroner for men and 132.8 kroner for women (a difference of 10.7 per cent). The Committee notes that the report indicates that, after taking into account factors such as seniority, educational level, professional experience and use of leave schemes, the only explanation for the remaining wage differential is gender. It also notes that the Ministry of Labour has launched an initiative to analyse the importance of negotiation mechanisms for wage differences between men and women as a means of determining which wage factors lead to equal pay and which further increase wage differences (Equality at Work, Ministry of Labour, June 1996).

2. Regarding the project on Enterprise-Based Wage Fixing, the Committee notes that it has completed its work and has come to the conclusion that there is a tendency towards smaller wage differences between men and women when they are not covered by collective agreements, and that both male and female employees not covered by collective agreements receive salaries higher than those covered by collective agreements. While noting the reason for lower overall wages, the Committee would appreciate receiving an explanation from the Government as to the reasons why a wider wage gap exists between men and women covered by collective agreements. In this respect it notes that, as a result of the last round of collective bargaining conducted in February 2000, the Danish Employers’ Confederation (DA) and the Danish Confederation of Trade Unions (LO) have agreed to investigate and monitor equality and non-discrimination more closely and a report of their work will be presented by March 2002. The Committee asks the Government to keep it informed regarding measures aimed at reducing the wage differences between men and women, particularly men and women covered by collective agreements and including statistical information allowing for an assessment of progress made in securing equal remuneration for women and men.

3. The Committee notes that in June 2000 the Ministry of Labour initiated a job evaluation project in order to study the effects of the job evaluation systems currently in use on wage differences; and the impact of job evaluation as an instrument to achieve pay equity. It notes that the project will also attempt to address the need to ensure that job evaluations are undertaken in a gender-neutral manner, balancing the strengths and values of the tasks performed by men and women. In addition, the project will examine the different components of equal pay, and the criteria used to classify jobs, given that a systematic comparison of jobs may be a means to define work of equal value and may thereby become an effective tool for achieving equal remuneration. The Committee asks the Government to provide a copy of the report when it is finalized.

4. Regarding the new decentralized wage system, the Committee notes that it is based on a fixed basic pay rate with additional bonuses paid in a systematic and transparent manner. However, it also notes the Government’s indication that, although it is too early to draw any conclusions, preliminary surveys indicate that the new wage system will have the effect of increasing the wage gap between men and women. In this respect, it notes that the Ministry of Labour has implemented a project on the linkages between work planning, staff policy, enterprise-based wage formation and the development of a new wage system from a gender policy perspective, the results of which were presented at a 1999 equal remuneration conference. The Committee asks the Government to keep it informed as to the results of the new wage system in promoting equal remuneration for work of equal value.

5. The Committee notes the information regarding the legal database on relevant equality issues, which contains information on approximately 1,000 decisions, including seven decisions issued by the Equal Status Council on equal remuneration. It notes with interest the judgement of the European Court of Justice in Case No. C-66/96 on equal treatment for men and women as regards access to employment, vocational training and promotions, and working conditions, as well as the information regarding the amendment of the Salaried Employee Act to bring national legislation into conformity with European Community law. The Committee further notes the information regarding Case No. F-0008-97, where the Court rejected the equal pay claim of a female worker since it held that the work was not comparable, but nevertheless awarded her compensation equivalent to six months’ salary for unjustified dismissal amounting to retaliation for lodging the complaint. With the new institutional framework for equality issues provided by the Minister of Equality, the Knowledge Centre and the Equal Status Board, and the relevance of the database to their work, the Committee asks the Government to provide information on how the database is linked to their activities in promoting equal pay for work of equal value.