Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Equal Remuneration Convention, 1951 (No. 100) - Turkmenistan (Ratification: 1997)

Articles 1 to 4 of the Convention. Assessing and addressing the gender pay gap. Referring to its previous comments on the persistent gender pay gap and occupational gender segregation of the labour market, the Committee notes, from the statistical information forwarded by the Government, that despite the decrease of the gender pay gap from 13.3 per cent in 2015 to 12 per cent in 2016, the average monthly salary of women remained substantially lower than those of men in almost all economic sectors, even when men and women workers are employed in the same occupational category. Noting that in some sectors, the gender pay gap was as high as 32 per cent in the extractive industries and 22.5 per cent in retail and wholesale, the Committee notes the Government’s repeated indication, in its report, that earnings differentials result from length of career and restrictions on work in particular conditions. The Government adds that women are still concentrated in sectors such as manufacturing, healthcare, social services and education, while men tend to be employed in extracting industries, electricity and gas, construction and transport, which are industries entitling workers to various pay supplements and allowance as a result of the specific working conditions. The Government further indicates that more women than men make use of flexible working arrangements, such as part-time work and temporary work, to combine work and family responsibilities. The Committee welcomes the adoption of the National Action Plan on Gender Equality for 2015–20 and the National Action Plan for Human Rights in Turkmenistan for 2016–20, which, according to the information provided by the Government, set out strategic goals for the advancement of gender equality and the enhancement of women’s participation in the socio-economic sphere. Noting the lack of information provided by the Government on any specific actions on equal pay between men and women for work of equal value that would have been planned in this framework, the Committee notes that, in their concluding observations, the United Nations (UN) Committee on the Elimination of Discrimination against Women (CEDAW) and the UN Committee on Economic, Social and Cultural Rights (CESCR) were both concerned at the persistence of the gender pay gap and the denial of its gravity by the Government. Further concern was expressed by CEDAW about: (i) the persistent horizontal and vertical occupational segregation of the labour market; (ii) the low participation of women in the formal labour market; and (iii) the high concentration of women in low-paid and unskilled jobs, in particular in the agricultural sector (CEDAW/C/TKM/CO/5, 25 July 2018, paragraph 34; and E/C.12/TKM/CO/2, 31 October 2018, paragraph 20). The Committee therefore asks the Government to provide information on the concrete measures taken, in the framework of the National Action Plan on Gender Equality for 2015–20 and the National Action Plan for Human Rights for 2016–20 or otherwise, to address the gender pay gap by addressing its underlying causes, such as vertical and horizontal occupational gender segregation and stereotypes regarding women’s professional aspirations, preferences and capabilities, and their role in the family, by promoting women’s access to jobs with career prospects and higher pay, in particular in the agricultural sector. It asks the Government to provide information on any assessment made of such measures and their effective impact in addressing the gender pay gap. The Committee asks the Government to continue to provide statistical information on the earnings of men and women, disaggregated by economic activity and occupation, both in the public and private sectors, as well as in the informal economy.

Equal remuneration between men and women for work of equal value. Public service. Referring to its previous comments where it noted that the Labour Code excludes civil servants from its scope of application (section 5(6)(2)), the Committee notes with interest that sections 4(1)(13) and 46(2) of Law No. 363-V of 26 March 2016 on the Public Service provide that the remuneration of civil servants shall be determined on the basis of the principle of equal remuneration for work of equal value. It further notes that section 46(2) of the Law provides that minimum and maximum salaries for each group of public service posts shall be established, and the head of the public service in a state body, within the limits of established wage funds, has the right to establish an increased salary for an individual public servant taking into account his or her profession, qualifications, difficulty of work, quantity and quality of work performed. The Committee also notes that, according to section 46(3), civil servants shall receive incentives as a result of their conscientiousness, creative performance of official duties, continuous excellent public service, and fulfilment of assignments of special importance and complexity. The Committee asks the Government to provide detailed information on the application of section 46(2) of Law No. 363-V in practice, including on the methods and criteria used for determining or revising post classifications and consequently wage scales, as well as statistical information on the number of civil servants, disaggregated by sex, occupational category and position, and average level of remuneration in each group of public service posts. It further asks the Government to indicate how it is ensured that men and women public servants have access to any additional payment or incentive provided for in sections 46(2) and (3) of the Labour Code on an equal footing.

Article 2(1). Scope. Exclusion of certain categories of workers. Referring to its previous comments where it noted that the Labour Code excludes from its scope of application “other persons, as determined by law” (section 5(6)(3)), the Committee notes that the Government did not provide any information on the categories of workers concerned. It, however, notes the Government’s statement that despite the specific legislative provisions regulating the employment of domestic workers, home-based workers, workers with secondary jobs, temporary or seasonal workers, as well as workers with disabilities, the principle of the Convention apply to these categories of workers. Recalling that the principle of the Convention applies to all workers, nationals and non-nationals, in all sectors of activity, including the public sector, and in the formal and informal economy, the Committee again asks the Government to specify the categories of workers excluded from the scope of the Labour Code, and if so, how they are guaranteed equal pay between men and women for work of equal value.

Article 2(2). Minimum wages and collective agreements. The Committee previously noted the lack of information regarding the methods used to ensure that the remuneration rates established in collective agreements and minimum wage instruments comply with the principle of equal remuneration. It notes the Government’s statement that minimum wage is fixed annually by a decision of the Government, and that according to article 49 of the new Constitution, every worker is entitled to a compensation which shall not be less than the minimum wage. The Government adds that some 133 sectoral and inter-sectoral collective agreements setting minimum wages had been concluded as of 1 January 2017, and that entity-level collective agreements, to be concluded annually at enterprises, organizations and institutions level, must set out the forms, systems and levels of remuneration, monetary rewards, allowances and increments in terms no less favourable that those contained in sectoral agreements. The Committee recalls that the determination of criteria for job evaluation and their weighting are matters on which cooperation between employers and workers is particularly important, giving collective bargaining an important place in this context (see 2012 General Survey, paragraph 705). In light of the persistent gender pay gap and occupational gender segregation of the labour market, the Committee again asks the Government to provide information on the measures taken to ensure that the remuneration rates fixed in collective agreements, as well as in minimum wage instruments, are free from gender bias, and that the work in sectors with a high proportion of women is not being undervalued in comparison with sectors in which men are predominantly employed. It asks the Government to provide summaries of the provisions of collective agreements fixing minimum wages, as well as statistical information on the percentage of women and men who are paid the minimum wage rates. Noting that a new general tripartite agreement was concluded in December 2015 between the Ministry of Labour and Social Protection, the National Trade Union Centre and the Union of Industrialists and Entrepreneurs, the Committee asks the Government to provide a copy of such agreement.

Articles 2 and 3. Determination of remuneration rates and objective job evaluation. The Committee previously noted that rates of remuneration are determined by the employment contract, collective agreements or wage agreements (section 116 of the Labour Code) and that remuneration depends on the worker’s qualifications, the nature, complexity and intensity of his or her work, working conditions, as well as the quantity and quality of work done (section 113 of the Labour Code). The Committee however notes that section 21 of Law No. 264-V of 18 August 2015 on State Guarantees for Equal Rights and Equal Opportunities for Women and Men ensures women and men equal pay for work of equal value and equality in the evaluation of the “quality of the work”, and that section 49 of the new Constitution and section 6(1)(1) of Law No. 411 V of 18 June 2016 on Employment guarantee remuneration that is consistent with the “quantity and quality of the work”. The Government adds that the level and types of remuneration do not depend on a worker’s gender but on an objective appraisal of the work performed. The Committee draws the Government’s attention to the difference that exists between individual performance appraisal, which aims to evaluate the way in which a worker performs his or her duties, and objective job evaluation, which seeks to measure the relative value of jobs with varying content on the basis of the tasks to be accomplished. Objective job evaluation is concerned with evaluating the job, not the individual worker. It further recalls that while criteria such as quality and quantity of work may be used to determine the level of earnings, the use of only these criteria is likely to have the effect of impeding an objective evaluation of the work performed by men and women on the basis of a wider range of criteria which are free from gender bias (see 2012 General Survey, paragraphs 695–696). In light of the legislative provisions recently adopted which provide that remuneration shall be determined according to the “quality and quantity of work” performed, the Committee asks the Government to clarify the manner in which such provisions combine with section 113 of the Labour Code, specifying the method and factors used to assess the value of different jobs. It asks the Government to provide information on the measures taken to ensure that the selection of such factors for comparison, the weighing of such factors and the actual comparison carried out are not discriminatory, either directly or indirectly. The Committee further asks the Government to indicate the measures taken to promote the use of objective job evaluation methods with a view to ensuring that the principle of equal remuneration for men and women for work of equal value is reflected in any methods for determining or revising rates of remuneration beyond the minimum wage, and to provide information on any job evaluation exercises which were undertaken, and their outcome.