Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

Equal Remuneration Convention, 1951 (No. 100) - Azerbaijan (Ratification: 1992)

Article 1 of the Convention. Work of equal value. The Committee recalls that the general provisions of sections 16, 154, and 158 of the Labour Code of 1999 do not address the principle of the Convention, and that section 9 of Act No. 150-IIIQ of 10 October 2006 on Gender Equality (Act on Gender Equality) does not fully reflect the principle of equal remuneration for men and women for work of equal value. Section 9 of the Act on Gender Equality is limited to equal wages for men and women who perform work under equal conditions, in the same enterprise and with the same skills. The Committee recalls that the concept of “work of equal value” lies at the heart of the fundamental right of equal remuneration for work of equal value, and the promotion of equality, and that it not only encompasses the same work performed under equal conditions and with the same skills, but also allows for a comparison between jobs that are of an entirely different nature, but which are nevertheless of equal value (see General Survey on fundamental Conventions, 2012, paragraphs 673 and 677). With respect to average wages, according to the statistics for 2011 provided by the Government, women were earning significantly less than men in many sectors of the economy: 38.4 per cent less in oil and gas production; 35.1 per cent less in health care and social services; and 30.8 per cent less in chemical industries. The Committee also recalls the existence of significant horizontal and vertical occupational gender segregation within the labour market, and refers to its comments under Discrimination (Employment and Occupation) Convention, 1958 (No. 111). In this connection, the Committee recalls that as effective application of the principle is required, where women are more heavily concentrated in certain sectors or occupations, there is a risk that the possibilities for comparison at the enterprise or establishment level will be insufficient, (see General Survey, 2012, paragraph 698). The Committee therefore urges the Government to take the necessary measures to give full legislative expression to the principle of equal remuneration for men and women for work of equal value and to ensure that measures are taken to implement this principle in practice, including through collective agreements, and to address effectively the wide gender remuneration gap.

The Committee is raising other points in a request addressed directly to the Government.