Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

Equal Remuneration Convention, 1951 (No. 100) - Montenegro (Ratification: 2006)

Articles 1 and 2 of the Convention. Gender pay gap. The Committee notes that, in its report, the Government provides data on average earnings of workers, which are not sex-disaggregated. It also notes that the 2016 edition of the biannual publication Women and Men in Montenegro of the Ministry of Human and Minority Rights and the Statistical Office of Montenegro (MONSTAT) does not provide statistics on wages nor an analysis of the nature and extent of the gender pay gap. Furthermore, the Committee notes from the Action Plan for Achieving Gender Equality in Montenegro 2017–21 that the difference in wages between men and women in Montenegro is 13 per cent, and that the causes of the gender pay gap include direct and indirect discrimination, lower valuation of women’s work, segregation in the labour market, stereotypes and traditions as well as an increased need for women to balance work and private life. The Plan also points out, that as the gender pay gap implies lower pensions, thus women are more exposed to poverty then men. The Committee additionally notes that, as of 2016, the Ministry of Human and Minority Rights and MONSTAT are developing a gender equality index, which will measure gender equality in the range from one (complete inequality) to 100 (complete equality) in the areas of work, knowledge, money, health, time and power. In this regard, the Committee wishes to recall that an analysis of the position and pay of men and women in all job categories, within and between the various sectors, is required to address fully a persisting remuneration gap between men and women. The Committee also refers to its 2012 General Survey on the fundamental Conventions and its general observation of 1999, which provides specific guidance on the type of statistics, disaggregated by sex (see General Survey of 2012 on the fundamental Conventions, paragraph 888). The Committee asks the Government to take the necessary steps to collect and analyse statistics disaggregated by sex on the levels of remuneration received by men and women in the public and private sectors, and report on the progress made in this regard. It also asks the Government to provide information on the progress made in developing the new index on gender equality and in ensuring that the joint publication of the Ministry and MONSTAT, “Women and Men in Montenegro”, also addresses gender differences in wages. It further asks the Government to indicate the measures taken or envisaged to reduce the gender pay gap, in particular in sectors in which women are predominantly employed, to ensure their work is not undervalued, including measures taken to address its underlying causes and the results achieved.

Article 2. Minimum wages and collective agreements. The Committee notes the Government’s indication in its report that, in the context of the minimum wage fixing process, the principle of the Convention applies to all employees regardless of gender. It also notes the information provided by the Government that currently individual agreements at the enterprise level do not need to be registered with the Ministry of Labour and Social Welfare and, therefore, no data exist. With regard to branch collective agreements, the Committee notes that the Government lists the sectors for which collective agreements have been adopted but omits to provide information on wages set by these collective agreements and an indication of the percentage of men and women covered. Consequently, the Committee once again requests the Government to provide information on the concrete measures taken to ensure that the principle of the Convention is taken into account in the context of collective bargaining, in particular, with regard to individual agreements at the enterprise level, and to provide information on any measures taken to promote the principle of the Convention, both in the private and public sector. Furthermore, the Committee asks the Government to provide samples of any collective agreements, adopted at general, branch and individual employer levels, which contain provisions relating to the principle of the Convention.

Article 3. Objective job evaluation. The Committee notes the Government’s indication in its report that, in the public sector, according to a new Law (No. 16/16) on salaries of employees in the public sector of 2016, determination of salaries is based on the following principles of: (i) uniformity of salaries for work in the same or similar positions or positions that require the same level or sublevel of qualifications; (ii) transparency of earnings; and (iii) fiscal sustainability of earnings (section 5). In this regard, the Committee refers to its observation under the Convention, in which it draws the Government’s attention to the fact that the concept of equal remuneration for work of equal value between men and women workers entails a broad scope of comparison, including, but going beyond, the “same” or “similar” work, and also encompasses work that is of an entirely different nature (including under different conditions and even in different establishments), which is nevertheless of equal value (see General Survey of 2012 on the fundamental Conventions, paragraph 673). Furthermore, as regards the method used for job evaluation, it notes that the Government does not indicate how it ensures that such evaluation is free from gender bias. The Committee recalls that it is important to ensure that the selection of factors for comparison, the weighting of such factors and the actual comparison carried out are not discriminatory, either directly or indirectly. The Committee asks the Government to provide more detailed information on how Law No. 16/16 ensures that the pay system in the public sector implements fully the principle of the Convention. It also asks the Government to provide information on the measures taken or envisaged to promote the use of objective job evaluation methods that are free from gender bias in the private sector.

Enforcement. The Committee notes that the Government indicates that since 2011 measures have been taken to increase the capacity of judges, prosecutors, labour inspectors and other relevant officials to identify and address unequal remuneration. The Government also indicates that in the period considered no complaints involving the principle of equal pay for work of equal value have been recorded by the labour inspectorate or brought before the Agency for Peaceful Settlement of Labour Disputes. The Committee asks the Government to continue to provide information on the number and nature of cases which relate specifically to complaints concerning the principle of equal remuneration for work of equal value.