Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

Equal Remuneration Convention, 1951 (No. 100) - Czechia (Ratification: 1993)

1. Articles 1 and 2 of the Convention. Application of the Convention through laws and regulations. The Committee notes the entry into force on 1 January 2004 of Act No. 218/2002 on the service of public servants in administrative authorities and on remuneration of such servants and other employees in administrative authorities ("Service Act"). Section 80 establishes the principle of equal treatment of all civil servants as regards working conditions, including "remuneration and other monetary fulfilment".  Under Part X of the Act, the remuneration of public servants, candidates to the public service and other employees in administrative authorities consists of a basic salary and additional payments, such as extra pay for performing management duties, overtime, night work, rewards, etc. Under section 136(2) of the Act, the Government has issued Regulation No. 469/2002 containing the catalogue of administrative activities classified into pay grades pursuant to their complexity, responsibility and demanding nature. The Committee considers that the above provisions are in accordance with the Convention and asks the Government to provide information on their implementation in practice, including any relevant administrative or judicial decisions, as well as their impact on reducing the gender gap in all levels of remuneration in the public service.

2. Articles 2 and 3. Promoting and ensuring the application of the Convention in practice. The Committee notes with interest the Ministry of Labour and Social Affairs’ Methodological Instruction No. 9/2002 addressed to labour inspectors. The Instruction explains the legal provisions on gender equality in force, including the principle of equal remuneration for men and women workers for work of equal value, and highlights the role of labour inspectors in ensuring their application. The Instruction provides practical guidance to labour inspectors on how to conduct equality inspections. In addition, the Ministry issued detailed methodological instructions for inspections regarding equal remuneration on 25 October 2003 which instruct inspectors to use an analytical method for assessing work value in order to determine wage discrimination. The Committee welcomes these measures to promote the application of the Convention in practice by providing labour inspectors with the necessary instructions and expertise. The Government is asked to provide information on the practical use of these instructions and the number of inspections carried out concerning pay discrimination, including any sanctions imposed. Please also continue to provide information on any other measures taken to address the existing wide gender remuneration gap.

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