Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Equal Remuneration Convention, 1951 (No. 100) - Armenia (Ratification: 1994)

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:

Article 1(a) of the Convention. Definition of remuneration. The Committee notes that section 178(3) of the Labour Code, 2004 defines wage as comprising the basic salary and all additional payments paid by the employer to the employee for the work performed. It also notes that section 178 and subsequent sections under Chapter 19 on wages refer alternatively to “remuneration”, “wage”, “salary” and “pay”. Pursuant to section 1 of the Act of the Republic of Armenia on Remuneration, 2001, remuneration is the monetary or other kind of payment determined by the legislation of the Republic of Armenia payable by the employers to the workers for the work performed.  The Committee recalls that for the purposes of the Convention, Article 1(a) defines remuneration as “the ordinary, basic, minimum wage or salary and any additional emoluments whatsoever payable directly or indirectly, whether in cash or in kind, by the employer to the worker and arising out of the worker’s employment”. Noting that the Labour Code, 2004, is being revised, the Committee asks the Government to ensure that no uncertainty exists as to the distinct meaning of the concepts of “salary”, “wage”, “remuneration” and “payments”, and in particular to clarify whether the definition of “wage” in section 178(3) and the word “pay” in section 178(2) are meant to cover all elements of remuneration set out in Article 1(a) of the Convention.

Article 1(b). Equal remuneration for work of equal value. The Committee notes that according to article 32 of the Constitution each worker has a right to remuneration and that according to section 178(2) of the Labour Code men and women shall get equal pay for the same or equivalent work. The Committee notes, however, that the Government in its report refers to the same or equal remuneration for the same work or work of equal value. The Committee recalls its general observation of 2006 on this Convention in which it clarified that “work of equal value” includes but goes beyond equal remuneration for “equal”, the “same” or “similar” work, and also encompasses work that is of an entirely different nature, but which is nevertheless of equal value. Noting that the Labour Code, 2004, is being revised the Committee asks the Government to take the opportunity to ensure that the amended version of the Labour Code will explicitly provide not only for equal remuneration for men and women for the same, similar or equal work but also for work of equal value within the meaning of Article 1(b) of the Convention and as explained in its general observation of 2006. The Committee also asks the Government to indicate whether, under the legislation in force, equal pay claims can be brought using as a comparator a person of the opposite sex who performs work involving different skills, duties, responsibilities and conditions, but which is nevertheless considered to be of equal value.

Article 2. Determination of rates of remuneration in minimum wages and collective agreements. The Committee notes that section 3(1)(3) of the Labour Code, 2004 provides for equality in working relations on the basis of sex, and that section 7(6) of the Act on Remuneration, 2001, prohibits discrimination in remuneration on the basis of sex. The Committee further notes that the conditions of remuneration for work as well as the regulation mechanisms for remuneration can be set by collective agreements, and that pursuant to section 179 of the Labour Code, 2004, minimum monthly wages shall be determined by law and rates of minimum wages can be established for certain branches of the economy and categories of workers. The Committee recalls that the minimum wage is a significant means of ensuring the application of the Convention. It further recalls the importance of promoting a framework of equality when wages are set by collective agreements and providing guidance in this regard as needed. The Committee asks the Government to indicate the method applied to ensure that remuneration established in collective agreements and minimum wage legislation is determined in accordance with the principle of equal remuneration of men and women for work of equal value. Please provide copies of the legislation setting minimum wages at branch level and for certain categories of workers, and forward examples of collective agreements indicating the manner in which they apply the principle, as well as an indication of the number of men and women covered by these collective agreements and minimum wages.

Application in the public service. The Committee notes that section 5 of the Act on Remuneration of Civil Servants of 2002 prohibits sex discrimination of civil servants with respect to remuneration. In the absence of any further information in the Government’s report, the Committee asks the Government to specify how rates of remuneration are being determined for civil service employees and to provide statistical data, disaggregated by sex, on the distribution of men and women in the various categories and occupations of the civil service with their corresponding levels of earnings.

Wage gap. The Committee notes the statistics on the average monthly remuneration by sex and occupation for 2003–04, and notes the Government’s analysis that leaving aside educational levels and individual qualifications, women are facing indirect and direct discrimination in remuneration. The Committee also notes the Government’s statement that the average rate of remuneration for women is 39 per cent of that of men’s, which is mainly due to the vertical and horizontal segregation and discrimination in the labour market. Furthermore, between 1995 and 2005 the number of employed women has decreased in those branches where remuneration has been relatively high; women also predominate in the less remunerated occupations of the government sector. According to the Government, women are being gradually excluded from the economic branches where remuneration is comparatively high and are moving to branches where remuneration is low, such as the health, education and culture sectors. The underlying causes of this trend appear to be employers’ preference to hire men and the difficulties faced by women in combining work and family responsibilities, especially when seeking employment in the more profitable branches and occupations. The Committee thanks the Government for its analysis of the extent and nature as well as the underlying causes of the remuneration gap between men and women in the public and private sectors, but has to express some concern over the very high remuneration gap between men and women. The Committee therefore hopes that the Government will make all the necessary efforts to address the indirect and direct discrimination in remuneration against women and the underlying causes of the vertical and horizontal segregation of women in the labour market, as well as the effect of such segregation on the disparities in remuneration between men and women. The Government is asked to report on the progress made in this regard in its next report.

Article 3. Objective job evaluation methods. The Committee notes that the draft amendment to section 178(4) of the Labour Code, 2004, provides that the “wage of an employee shall depend on the qualification of the employee, conditions, quality, amount and complexity of the work”, whereas the current provision refers to the “amount and the quality of the work, as well as the results of the activities of the organization and the labour market demand”. The Committee further notes that section 180(3), as well as its proposed amendment, refer to a system for the qualification or assessment of work and the application of criteria without gender discrimination. The Committee welcomes the draft amendments which appear to envisage that wages are to be determined on the basis of objective criteria relating to the work performed, without discrimination based on sex. The Committee asks the Government to provide additional information in its next report on the measures taken, in cooperation with employers’ and workers’ organizations, to promote, develop and implement practical approaches and methods for the objective evaluation of jobs with a view to effectively applying the principle of equal remuneration for men and women for work of equal value in both the public and private sectors. Please also keep the Committee informed of the progress made in the amendment of the Labour Code.

Article 4. Cooperation with workers’ and employers’ organizations. The Committee asks the Government to indicate in its next report what steps have been taken to cooperate with employers’ and workers’ organizations to promote and ensure the application of the principle of the Convention, and what results have been obtained from such cooperation.

Parts III and V of the report form. The Committee notes that, pursuant to sections 33 and 34 of the Labour Code, 2004, the labour inspectorate is responsible for supervising the labour legislation and collective agreements. The Committee asks the Government to provide information on the manner in which the competent national authorities are ensuring the enforcement of the principle of equal remuneration for men and women for work of equal value. In this regard, please provide information on labour inspections undertaken, the number and nature of violations of the principle of equal remuneration discovered by the inspections, and the actions taken to remedy said violations. The Committee also invites the Government to provide information on any administrative and judicial decisions applying the principle of the Convention.

Part V of the report form. The Committee asks the Government to continue to provide information, including statistical data disaggregated by sex, studies, surveys or reports that may enable the Committee to assess how the principle of equal remuneration for men and women for work of equal value is applied in practice, and how progress is being made in addressing existing inequalities in remuneration between men and women.