Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

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

Assessment of the gender wage gap. The Committee notes that, according to EUROSTAT, in 2006 women’s average gross hourly earnings were 17 per cent lower than men’s. In its report, the Government indicates that the 2004 Report on Wage Gaps between Women and Men in Denmark showed that the persistent gender wage gap is mainly due to differences in levels of education, work experience and the fact that men and women perform different jobs both in the public and the private sectors. Assessments of the gender pay gap made by the social partners led to similar conclusions. The Committee asks the Government to continue to provide information on the evolution of the gender pay gap and its causes, including detailed statistical information on the earnings of men and women according to sector, educational level and occupational category.

Legislation and its implementation. The Committee notes that on 1 January 2007 the amendments to the Equal Pay Act entered into force, pursuant to which employers employing 35 or more workers are required to prepare annually gender-disaggregated statistics or, alternatively, an equal pay report and action plan. It notes that the Ministry of Employment, in collaboration with the Ministry of Equality, the Confederation of Danish Employers (DA) and the Danish Confederation of Trade Unions (LO) prepared a guide on equal pay to support individual enterprises in promoting the principle of equal remuneration, as required under the Equal Pay Act. The Committee further notes that 12 cases concerning non-compliance with the Equal Pay Act have been brought before the Gender Equality Board since its establishment in 2000. In three of the eight cases filed by women, the complainants were successful and the Board ordered that compensation should be paid for the different remuneration received by these women in comparison to their male colleagues performing the same job. The other cases concerned unequal pay in the Danish Defence; however, the Gender Equality Board was not competent to rule on the matter at is came under the Danish Act on Military Service. The Committee asks the Government to:

(a)   provide information on the implementation of the Equal Pay Act, particularly with regard to the obligation of employers to collect and analyse wage statistics or to establish equal pay reports and action plans. In this regard, the Committee asks the Government to provide information on the level of compliance with these obligations and the practical experiences of enterprises. Please also provide examples of workplace measures that led to a reduction of the gender wage differentials;

(b)   indicate any further developments concerning the adoption of the Bill on a maternity equalization scheme to which the Government referred in its previous report;

(c)   continue to supply information on any cases brought before the Gender Equality Board and the courts relating to the application of the principle of the Convention.

Employers’ and workers’ organizations. The Committee notes that DA and LO agreed on new parental leave entitlements designed to encourage fathers to make use of such leave, with a view to promoting equal remuneration between men and women. Additionally, a number of practical tools have been developed by the LO to promote equal pay at the workplace. The Committee, however, also notes that no agreement was reached between the Danish Confederation of Employers’ Associations in Agriculture and the LO as regards the promotion of the principle of equal pay in the agricultural sector. The Committee asks the Government to continue to provide information on the initiatives taken by the social partners to promote the principle of equal remuneration for men and women for work of equal value, notably in the agricultural sector, and on their impact.

Other measures to address the gender pay gap. The Committee notes that in 2006 the Government published a report entitled “Women’s and men’s education, how do we soften the gender-segregated choices of education and occupation and the gender-segregated labour market?” which contains a set of recommendations to address occupational sex segregation in the labour market. It also notes that the Ministry of Employment is mainstreaming gender issues into its legislative work, ensuring that each Bill is analysed from a gender perspective. The Committee asks the Government to continue to provide information on the measures taken with a view to addressing the underlying causes of the gender wage gap and on the impact of such measures. Please also indicate the specific measures being taken to promote objective methods of job evaluation based on criteria that are free from gender bias.