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

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:

Repetition

The Committee notes the comments of the Confederation of Danish Employers (DA), the Danish Confederation of Trade Unions (LO), the Confederation of Professionals in Denmark (FTF), the Danish Association of Local Government Employees’ Organisations (KTO), the Danish Confederation of Professional Associations (AC), and the Danish Christian Union, included in the Government’s report.

Assessing the gender wage gap. The Committee notes the statistics, disaggregated by sex, on employment in the various occupations in the communal and regional sectors for 2007 and 2008, and corresponding wages, confirming the gender segregation of the labour market and wage differentials between men and women. It further notes that according to the most recent available equal pay analyses, men earn on average between 17 and 21 per cent more than women. Some 70–80 per cent of the wage gap can be explained by the gender segregation of the labour market, and higher employment of women in the public sector and in industries where wages are lower than industries predominantly employing men; more men than women are also employed as managers and therefore earn more on average. The Committee asks the Government to continue to provide information on the evolution of the gender pay gap and its causes, including detailed information on the earnings of men and women, according to sector, educational level and occupational category, in the public and private sectors.

Legislation. The Committee notes that with a view to implementing the (recast) Directive 2006/54/EC of the European Parliament and the Council of 5 July 2006, the equal pay legislation has been amended and consolidated in the Danish (Consolidation) Act No. 899 of 5 September 2008 on Equal Pay to Men and Women. The Committee also notes the adoption of Act No. 387 of 27 May 2008 on the Board of Equal Treatment, which replaces the Board on Gender Equality and assumes the same powers. The Committee asks the Government to provide information on the practical application of the (Consolidation) Act No. 899 of 2008, as well as on its impact to reduce pay differentials between men and women. Please continue to provide information on cases brought before the Board of Equal Treatment and the courts relating to the application of the principle of the Convention.

Implementation of legislation. With respect to the implementation of the requirement under Act No. 899 of 2008 for employers employing 35 workers or more to prepare annually statistics disaggregated by sex, or alternatively, an equal pay report and action plan, the Committee notes that the FTF and the AC consider that more enterprises, especially smaller enterprises, should be required to prepare annual equal pay statistics. According to the LO, the demand for anonymity is making it difficult to use the statistics to identify possible differences in women’s and men’s wages at enterprise level contrary to the legislation. The FTF states that the wage statistics compiled for the public sector cannot be used for the purpose of equal pay as they do not give the possibility for comparisons between the private and public sectors. The Committee further notes that the social partners have continued to assist their membership in understanding equal pay statistics and making them operational and applicable. The Committee asks the Government to provide information on any measures taken or envisaged to address the comments raised by some of the social partners regarding the need to require smaller enterprises to prepare equal pay statistics, the possibility to identify and address discriminatory pay differences, and the possibility to compare wage statistics between the public and private sectors. Please also provide a copy of the report on the evaluation of the system regarding gender-segregated wage statistics to be prepared by the Minister of Employment and Gender Equality in 2009.

Objective job evaluation. The Committee notes that section 1(ii) of Act No. 899 of 2008 provides that the determination of the value of work shall be based on a general assessment of qualifications and other relevant factors. The Committee also notes the comments by the LO that the use of gender-neutral job evaluations would be an advantage for assessing equal pay for work of equal value and would promote an impartial setting of wages collectively as well as individually. According to the LO, the Government has not taken any steps to promote the use of such objective job evaluation systems. The Committee asks the Government to indicate whether methods of objective job evaluation are applied and, if not, whether and if so what measures are being taken or envisaged to promote the use of such methods with regard to both the public and the private sectors.

Workers’ and employers’ organizations. The Committee notes the information provided by the social partners on the conclusion of collective agreements that can impact directly or indirectly on promoting and ensuring equal pay through the provision of paternity leave and maternity leave entitlements, and overtime pay provisions for part-time workers. The Committee notes that LO has adopted an equal pay strategy containing 12 different initiatives partly directed towards collective agreements and the professional legal system, and partly towards legislation and other types of initiatives. The Committee welcomes the information provided by the social partners, and asks the Government to continue to provide such information in future reports. The Committee reiterates its request for information on any initiatives taken by the social partners to promote the principle of equal remuneration for men and women for work of equal value in the agricultural sector.

Other measures to address the gender wage gap. The Committee notes the initiatives by the Ministry of Employment and Gender Equality to reduce the gender wage gap, including the holding of equal pay seminars, and the launching in 2008 of the “Charter for more women in management”. The Charter, drawn up together with the public and private sector companies, aims to launch specific measurable initiatives in companies and organizations to increase the proportion of women at all levels of management. The Committee further notes the initiatives targeting young people’s choices about education and jobs. In this context, the LO states that no systematic action is taking place to address gender stereotypes influencing women’s and men’s choice about education and employment. 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, in particular occupational gender segregation and stereotypical views and behaviour influencing women’s and men’s choices about employment and education, and on the impact of such measures. Please also provide information on the results achieved through the “Charter for more women in management” and in particular its impact on reducing pay differentials between men and women.