Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

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

Article 2. Determination of minimum wage rates, and collective agreements. The Committee notes the Government’s indication that a draft law to amend the Law on the Minimum Monthly Wage has been submitted to the Confederation of Trade Unions and the Republican Union of Employers in order to be discussed and submitted for discussion to the Tripartite Commission. The Government indicates that no collective agreements setting minimum wages have been concluded. The Committee notes that following the amendments to the Labour Code, section 180(2.1) still provides for the setting of minimum wages by collective agreements. The Committee asks the Government to provide information on the progress in the process of amending the Law on the Minimum Monthly Wage, and how the principle of equal remuneration for men and women for work of equal value is being reflected in this process. The Committee also asks the Government to provide information on any collective agreements that reflect the principle of the Convention.

Application in the public sector. The Committee notes the Government’s indication that civil servants’ wages are determined based on a list of wage tariff scales, set annually by the Government, which divides the civil service into 11 sub-groups and sets four types of positions in the civil service: highest, head, senior and junior. The Committee also notes the Government’s indication that there are different average rates of remuneration within certain branches of the public sector, including in the civil, judicial and special civil service. The Committee asks the Government to indicate how it is ensured that the criteria used to determine the wage tariff scales are free from gender bias. The Committee asks the Government to provide statistical data, disaggregated by sex, on the distribution of men and women in the various subgroups and positions of the civil service with their corresponding levels of earnings.

Gender wage gap. The Committee recalls its previous comments noting the Government’s statement that the rate of remuneration for women was 39 per cent of that of men’s which was mainly due to vertical and horizontal segregation and discrimination in the labour market. The Committee notes that in its concluding observations, the Committee on the Elimination of All Forms of Discrimination against Women (CEDAW) expressed serious concern about the persistence of both vertical and horizontal gender segregation within the labour market, the persistence of the wage gap, the lack of understanding of the concept of wage gap, as well as the low representation of women in top management positions and on boards of private companies (CEDAW/C/ARM/CO/4/Rev.1, 2 February 2009, paragraph 32). The Committee notes that according to the National Statistical Service, in 2008 the average wage gap between men and women was 51.8 per cent (Women and Men in Armenia, Statistical Booklet, 2009, page 93). The Committee asks the Government to take measures in order to address the high gender wage gap, including measures to address the vertical and horizontal sex segregation in the labour market, with a view to ensuring women’s access to a wider range of jobs including higher paying positions. The Committee also asks the Government to provide disaggregated statistics on the representation of women and men in the public and private sectors and on their remuneration, in order to assess progress made in eliminating the gender wage gap.

Article 3. Objective job evaluation methods. The Committee notes CEDAW’s concluding observations of 2009, in which the Government was urged to ensure that job evaluation systems based on gender-sensitive criteria be developed with the aim of closing the existing wage gap between men and women and implementing pay equity (ibid., paragraph 33). The Committee notes the draft amendment to section 178(4) of the Labour Code providing that “the employee’s salary shall depend on the qualification of the employee, work conditions, quality, amount and complexity of work” has been adopted, although the draft section 180(3) which referred to a system for the qualification or assessment of work and the application of criteria without gender discrimination, was not adopted. The Committee asks the Government to provide information on the practical application of section 178(4) of the Labour Code with respect to objective job evaluation methods and to indicate the role of the social partners in promoting, developing and implementing 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.

Article 4. Cooperation with workers’ and employers’ organizations. The Committee notes that the Government has signed the Republican Collective Agreement, on 29 April 2010, establishing that the social partners shall discuss draft legislation on wage determination within the Tripartite Commission. The Committee asks the Government to provide information on the progress of the discussions and recommendations within the Tripartite Commission regarding wage determination, and encourages the parties to ensure that all wage determination methods incorporate the principle of equal remuneration for men and women for work of equal value.

Parts III and V of the report form. The Committee notes that no complaints regarding the violation of the principle of equal remuneration for men and women for work of equal value have been registered. The Committee recalls that the absence of complaints is likely to indicate a lack of awareness of the rights, a lack of confidence in or absence of practical access to procedures, or fear of reprisals, and does not necessarily mean that the Convention and the national legislation are effectively applied. The Committee asks the Government once again to provide information on labour inspections undertaken, and any action taken to remedy any violations detected or brought to the attention of the labour inspectors regarding wage discrimination or unequal remuneration between men and women. The Committee asks 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.