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

Equal Remuneration Convention, 1951 (No. 100) - Bulgaria (Ratification: 1955)

1. Articles 2 and 3 of the Convention. Determination of remuneration and objective appraisal of jobs. The Committee notes that pursuant to section 14(3) of the Act on Protection against Discrimination, the criteria to determine the work remuneration shall be equal for all employees and shall be determined by collective labour agreements or by the internal administrative rules regarding salaries, or for civil servants, by the laws and regulations. The Committee asks the Government to provide information on the measures to be taken by the Government to promote and ensure that rates of remuneration are established by a method that ensures the application to all workers of the principle of equal remuneration for men and women workers for work of equal value. The Government is particularly requested to provide information on how it ensures the application of the Convention’s principle in the public sector, including through the promotion of objective appraisal of jobs on the basis of the work performed. Please also provide information on any efforts made by employers’ and workers’ organizations’ in this regard.

2. Parts III to V of the report form. Practical application and enforcement. The Committee notes that the Commission for Protection against Discrimination set up under the Act on protection against discrimination is an independent body charged with overseeing the implementation of and compliance with that Act. The Committee asks the Government to provide information on any activities undertaken by the Commission with regard to the principle of equal remuneration for work of equal value, including the number, nature, and outcome of complaint proceedings received, recommendations and statements issued, or relevant studies or reports. Please also provide any relevant administrative or judicial decisions involving the principle of equal remuneration.

3. The Committee notes that, according to the Government’s report, the gender gap in the average annual remuneration has decreased from 27.2 percent in the public sector and 24.8 per cent in the private sector in 2001 to 23.6 per cent in the public sector and 21.2 per cent in the private sector in 2002. It also notes that according to the report, the overall average annual remuneration of women continued to increase in the public sector. However, the Committee notes with concern that according to longer term figures, the gender remuneration gap substantially widened in the private sector between 2001 and 2002. According to the Government’s report, this gap was at 21.2 percent in 2002, while according to information previously submitted it was at 13.2 per cent in 2001. The Committee asks the Government to assess this situation and supply any explanation as to the causes of the increase of the gender remuneration gap in the private sector, as well as any measures taken to specifically target and address this problem. Noting various measures taken by the Government to promote equality of opportunity of men and women in the labour market more generally, such as the inclusion of a gender equality component in the National Employment Strategy, 2003, the Committee asks the Government to indicate in which ways these efforts contribute to a better application of the Convention.

4. The Committee notes that the view expressed by the Bulgarian Industrial Association (BIA) that the gender gap in average annual remuneration would not mean that there was pay discrimination on the basis of sex, but that high salaries would be paid in industries and enterprises where the conditions of work were "non-attractive for women". While the Committee would agree that direct pay discrimination against women would not often be the sole cause of the overall gender remuneration gap, it stresses however that women’s equal access to jobs and occupations and the fact that jobs traditionally considered to be "attractive for women" may in fact be undervalued is highly relevant to the application of the Convention. It therefore encourages the Government to make every effort to gather and make available statistical information that would allow for an in-depth analysis of the existing gender remuneration gap as a basis for designing and implementing measures leading to its reduction. The Government’s attention is once again drawn to the Committee’s 1998 general observation on Convention No. 100 (attached for ease of reference), which sets out the type of statistical information needed to meaningfully assess the application of the Convention.