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

Direct Request (CEACR) - adopted 2025, published 114th ILC session (2026)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on equality, the Committee considers it appropriate to examine the Conventions Nos 100 (equal remuneration) and 111 (discrimination in employment and occupation) together.

Convention No. 111 – National policy to promote equality of opportunity and treatment in respect of employment and occupation

Article 1. Prohibited grounds of discrimination. Legislation. The Committee notes that section 22(1) of Law No. 363-V (Civil Service Act, 2016) includes “skin colour” in the state Turkmen language. However, “race” is not explicitly listed. In any case, the Government considers “race” is covered under “skin colour”, but the Committee recalls that “colour” and “race” are related but distinct: race also includes discrimination based on linguistic, cultural, religious, or ethnic identity (for more details, please refer to the Committee’s 2012 General Survey on the fundamental Conventions, para. 762). In that regard, it further notes that the United Nations (UN) Committee on the Elimination of Racial Discrimination (CERD) expressed concern that the Civil Service Act does not prohibit discrimination on all grounds. (CERD/C/TKM/CO/12-13, 19 September 2023, para. 7). Regarding the term “origin” in section 7(1) of the Labour Code and section 22(1) of the Civil Service Act, the Committee notes that the Government has not clarified whether it covers both “social origin” and “national extraction”. The Committee once again emphasizes that these are distinct grounds: “national extraction” relates to birth, ancestry, or foreign origin, while “social origin” concerns membership in a class, socio-occupational category, or caste affecting occupational opportunities (2012 General Survey, paras 764, 802, 853).

Direct and indirect discrimination. The Government refers to section 28 of the Constitution as covering both direct and indirect discrimination. The Committee notes that this provision is general, guaranteeing equality before the law but not defining discrimination. Both the Labour Code and Civil Service Act prohibit discrimination but lack a formal definition. The Committee notes that the UN Committee on the Elimination of Discrimination against Women (CEDAW), in its concluding observations expressed concern that national legislation does not explicitly prohibit direct and indirect discrimination (CEDAW/C/TKM/CO/6, 20 February 2024, para. 13).

The Committee requests the Government to: (i) amend Law No. 363-V to ensure that civil servants are protected against discrimination on the ground of “race”; (ii) include “social origin” and “national extraction” among prohibited grounds in labour legislation; and (iii) amend the labour legislation to explicitly cover both direct and indirect discrimination, as well as at all stages of the employment process. Please provide information on progress made in this respect.

Scope of application. Internal affairs officers. The Committee notes that section 5(6)(3) of the Labour Code excludes “other persons, as determined by law”, which the Government indicates as officers and staff of internal affairs agencies, governed by the Internal Affairs Bodies Act (No. 195-IV, 2011). The Committee observes that this Act does not explicitly prohibit discrimination on the grounds of Article 1(1)(a) of the Convention and that under section 33(6), the Labour Code applies to internal affairs staff only in specific cases. The Committee requests the Government to clarify how internal affairs employees are protected against discrimination on all the grounds prohibited formally by the Convention and to specify which Labour Code provisions apply to them.

Articles 1(2) and 5(2). Measures not deemed to be discrimination. Inherent requirement of a particular job and special measures for protection and assistance. The Committee recalls that under section 6(4) of Law No. 264-V, professional requirements based on sex do not constitute discrimination. In response to the Committee’s previous request for concrete examples of cases in which the concept of “inherent requirement of a particular job” applies, the Government provided examples of protected groups under section 7(2) of the Labour Code (pregnant women, minors, persons with disabilities, and women with young children). In that regard, the Committee recalls that not all distinctions, exclusions and preferences are deemed to be discrimination within the meaning of the Convention; these include, for example, “measures based on the inherent requirements of a particular job” (Article 1(2)) or “special measures designed for protection and assistance” (Article 5) that aim to address specific needs or past discrimination. The concept of “a particular job” refers to a specific and definable job, function or tasks, and any limitation must be required by the characteristics of the particular job, in proportion to its inherent requirements. In addition, the Committee recalls that it has previously emphasized that women should have the right to pursue any job and that exceptions for inherent job requirements must be interpreted restrictively and objectively, and that systematic application of requirements involving one or more of the grounds of discrimination set out in the Convention is not in conformity with the Convention. The Committee asks the Government to provide examples of jobs for which there are inherent requirements that would not be considered discriminatory, as envisaged under section 7(2) of the Labour Code and section 6(3) of Law No. 264-V, and a copy of any administrative or judicial decisions interpreting the concept of “inherent requirements of a particular job”.

Articles 1 to 3. Equality of opportunity and treatment. Race, colour and national extraction. The Committee notes the information provided by the Government concerning the treatment of foreign nationals in comparison with citizens of the country. It recalls that discrimination on the grounds of race, colour, and national extraction, as set out under Article 1(1)(a) of the Convention, encompasses distinctions among citizens that are generally based on race or colour, as well as discrimination affecting linguistic communities or minority groups whose identity is defined by religious, cultural, national, or ethnic origins. The Committee also recalls that “national extraction” refers to distinctions made on the basis of a person’s place of birth, ancestry, or foreign origin, and that the concept of “nationality” is not covered by the Convention. Nevertheless, the intersection between migration and discrimination remains relevant under the Convention, as non-nationals should be protected from discrimination on all the grounds enumerated in Article 1(1)(a) of the Convention. In this regard, the Committee notes the concerns raised by the CEDAW, regarding the intersecting forms of discrimination affecting women belonging to ethnic minority groups (CEDAW/C/TKM/CO/6, 20 February 2024, para. 57), and the CERD, concerning the under-representation of ethnic minorities in the Mejlis and among high-level State officials, as well as the lack of information on complaints of racial discrimination handled by law enforcement bodies (CERD/C/TKM/CO/12–13, 19 September 2023, paras 13 and 23). The Committee requests that the Government provide: (i) concrete measures to address intersectional discrimination against ethnic minorities in employment and occupation, particularly women belonging to ethnic minorities, and to promote their representation in decision-making positions, including in the Mejlis and senior public administration; (iii) statistical data on ethnic minority participation in the labour market and at all education levels; and (iv) information on complaints received, investigations conducted, sanctions imposed, remedies provided, and the roles of relevant authorities such as labour inspectors, courts, equality bodies, or the ombudsperson.

Equality of opportunity and treatment. Disability. The Committee notes the adoption of the Social Services Act (2022) and the Government’s efforts to expand social services and inclusive vocational training. It also notes that the Government has not provided data on employment and unemployment rates of persons with disabilities but that the 2022 UN Country Common Assessment (CCA) for Turkmenistan indicates that only 14 per cent of adults with disabilities are employed, with particularly high unemployment among those with intellectual or mental impairments (97 per cent). The Committee recalls that in 2021, the Government indicated its intention to establish a State Register of Persons with Disabilities. It further notes that the UN Committee on Economic, Social and Cultural Rights (CESCR) and CEDAW have also expressed concerns about ongoing discrimination and systemic barriers, including for women and girls with disabilities. (A/HRC/WG.6/44/TKM/2, para. 42 and CEDAW/C/TKM/CO/6, 20 February 2024, para. 53). The Committee asks the Government to take steps to increase its efforts to promote the employment of and training opportunities for persons with disabilities and to communicate statistical data on employment and unemployment of persons with disabilities, disaggregated by sex, occupation and sector. It also requests an update on the development of a State Register of Persons with Disabilities.

Articles 2 and 3. Equality of opportunity and treatment for men and women. The Committee notes that in 2023 women represented 48.1 per cent of the workforce but remain concentrated in education, healthcare, and social services, with low representation in public administration, defence, construction, and Science, Technology, Engineering and Mathematics (STEM) fields. In 2023/24, women comprised 61.2 per cent of mathematics and natural sciences students but only 29.1 per cent of engineering and technical sciences students. It further notes that the Government provides no concrete information on the impact of measures implemented under the National Action Plan on Gender Equality 2021–25, particularly regarding efforts to address gender stereotypes. From the statistical information provided by the Government, the Committee observes that women remain under-represented in decision-making roles: in 2023, only 22.8 per cent of legislators, senior officials and managers in authorities and administrative bodies were women, compared with 77.2 per cent who were men. In this context, the Committee notes CEDAW’s concerns that: (1) only 48.7 per cent of young women aged 18 to 24 in urban areas and 35 per cent in rural areas are enrolled in educational institutions; and (2) women and girls remain under-represented in STEM and Information and Communication Technology (ICT) fields. It further notes CEDAW’s concerns regarding: (1) the lack of dedicated human, technical and financial resources for the implementation of the National Action Plan on Gender Equality 2021–2025, as well as the lack of publicly available information on its implementation; (2) the absence of a dedicated national machinery for the advancement of women to ensure gender mainstreaming across all government departments; (3) the persistence of stereotypical and discriminatory portrayals of women in the media, and the lack of a comprehensive strategy to eliminate such stereotypes about gender roles in the family and society; and (4) the persistence of gender stereotypes in textbooks and teaching materials. In this context, the Committee notes the concerns raised by CEDAW regarding vertical and horizontal segregation in the labour market, the concentration of women in low-paid jobs in the informal economy, and the barriers they face in accessing decision-making positions in both the public and private sectors. (CEDAW/C/TKM/CO/6, 20 February 2024, paras 19, 25(b)-(c), and 39(a)-c), 41(a)). The Committee requests information on: (i) resources allocated to implement the Plan of Action and more generally to develop the national gender equality machinery; (ii) measures to support girls’ school enrolment, especially in rural areas; (iii) concrete steps to address the underlying causes of discrimination and de facto inequalities resulting from discrimination that is deeply entrenched in traditional and societal values; and (iv) updated statistics on workforce distribution by sex, sector, and occupation.

Retirement age. The Committee notes the recent amendments to section 23 of the 2012 Social Protection Code setting the retirement age at 62 for men and 57 for women, with earlier retirement for mothers depending on the number of children and years of insurance. It recalls that differing retirement ages may negatively affect women’s careers and pension levels. The Committee therefore requests the Government to assess and report on the impact of these provisions on women’s career advancement, access to senior positions, and pension benefits.

Sexual harassment. The Committee notes the Government’s reference to the Equal Rights and Opportunities of Women and Men (State Guarantees) Act and the Combatting Trafficking in Persons Acts – as guaranteeing equal protection for men and women against sexual assault – and to amendments to the Criminal Code (2022) which criminalize coercing sexual acts through threats or dependence (Section 135), in the workplace or elsewhere. The Committee recalls that criminal law alone does not address the full scope of sexual harassment in employment, including quid pro quo and hostile work environment harassment. The Committee therefore reiterates its request for information on any: (i) steps taken to develop or revise legislation and policies specifically addressing both quid pro quo and hostile work environment sexual harassment; (ii) awareness-raising and capacity-building initiatives for workers and employers; and (iii) available remedies and sanctions.

Reconciliation of work and family responsibilities. The Committee recalls that section 249 of the Labour Code only applies to men who are bringing up their children without a mother. From the statistics provided by the Government, the Committee notes that although under section 97 of the Labour Code childcare leave may be granted to the person actually caring for the child, including the father, the child’s guardian, or another relative, women constitute 96 per cent of childcare-benefit recipients. It further notes CEDAW’s concerns regarding: (1) the high number of women who are unemployed or underemployed due to their disproportionate burden of unpaid care and domestic work and limited opportunities to reconcile professional and family life; and (2) the absence of paid paternity leave (CEDAW/C/TKM/CO/6, 20 February 2024, para. 41(b)). The Committee again asks the Government to take steps, in collaboration with the employers’ and workers’ organizations, to review and amend its legislation, with a view to ensuring non-discriminatory treatment of both men and women and that arrangements and entitlements aimed at reconciling work and family responsibilities are made available to both women and men on an equal footing. It also asks the Government to provide information, disaggregated by sex, on the number of men and women exercising the right to childcare leave set out in section 97 of the Labour Code or requesting unpaid parental leave, flexible working time arrangements, reduced working hours or home work in order to better combine work with family responsibilities.

Restrictions on women’s employment. The Committee notes that, following the adoption of Act No. 128VI of 2 March 2019, para. 1 of section 243 of the Labour Code (prohibition on women’s employment in jobs with unsafe and/or unhealthy working conditions) has been repealed. In that respect, it wishes to stress that provisions relating to the protection of persons working under hazardous or difficult conditions should be aimed at protecting the health and safety of both men and women at work, while taking account of gender differences with regard to specific risks to their health. (2012 General Survey, paras 839 and 840). The Committee once again requests the Government to review the Labour Code and Law No. 264-V to ensure that any restrictions on women’s employment are limited to maternity protection in the strict sense and not based on stereotypical perceptions of women’s capabilities and appropriate role in society. It further requests the Government to provide information on any steps taken in this regard.

Convention No. 100 – Principle of equal remuneration for men and women for work of equal value

Articles 1 to 4. Assessing and addressing the gender pay gap. The Committee notes that in 2023, women’s average wages represented 88.1 per cent of men’s, with the gap attributed to men’s predominance in certain sectors and higher pay for hazardous work. It also notes that the Register of Civil Servant Positions is still pending presidential approval, preventing the collection of sex-disaggregated pay data in the public sector. The Committee requests the Government to intensify efforts to close the gender pay gap, address occupational segregation and its root causes, and provide updated sex-disaggregated wage statistics across sectors, including the informal economy. It also requests information on progress made in establishing the Register of Civil Servant Positions.

Equal remuneration for men and women for work of equal value. Public service. The Committee again requests information on: (i) the criteria and methods used to establish the Register, ensuring job classifications and salary scales are free from gender bias; and (ii) measures guaranteeing equal access for men and women to additional payments and incentives under sections 46(2)–(3) of the Civil Service Act. It also encourages the Government to collect and provide sex-disaggregated data on earnings by occupation and employment level in the public sector.

Article 2(2). Minimum wages and collective agreements. The Government indicates that enterprises have adopted Remuneration Regulations and incorporated pay and incentive clauses into collective agreements, ensuring wages meet minimum standards and are free from gender bias. The Committee requests information on measures to prevent gender bias in remuneration under collective agreements and minimum wage instruments, and to ensure work in female-dominated sectors is not undervalued. It also requests sex-disaggregated data on the proportion of workers earning minimum wages.

Articles 2 and 3. Determination of remuneration rates and objective job evaluation. The Committee notes the Government’s statement that the remuneration system upholds the principle of equal remuneration for work of equal value and that salaries for managers, specialists, and employees are determined in staffing schedules and employment contracts, irrespective of gender, and may not fall below the statutory minimum wage. The Committee also notes information on employee certification (attestation) under sections 321–322 of the Labour Code, which is conducted by a commission, including employee representatives. This process evaluates employees’ qualifications for their positions and, according to the Government, serves as an objective means of verifying competence and adjusting remuneration accordingly. In that regard, the Committee wishes to recall that objective job evaluation is concerned with evaluating the job (which is to measure the relative value of jobs with varying content on the basis of the work to be performed) and not the individual (which aims at evaluating the performance of an individual worker in carrying out his or her job). In addition, the Committee notes that wage rates for workers are classified by categories, based on profession, qualifications, and grades. Tariff coefficients between grades are based on job complexity and labour intensity. It further notes that public sector salary schemes are developed and approved in consultation with the Ministry of Labour and Social Protection under the 2011 Procedure on staffing schedules, while non-state enterprises approve their staffing schedules independently. The Committee requests the Government to explain how wage classifications, tariff coefficients, and the attestation process ensure objective, gender-neutral job evaluation based on skills, effort, responsibilities, and working conditions. It also requests information on measures to monitor compliance with the principle of equal pay for work of equal value in the public and private sectors, including audits, assessments, or training. The Committee further asks for details on mechanisms for workers to challenge pay disparities, and sex-disaggregated data on attestation outcomes, wage adjustments, and pay discrimination complaints or cases.

Conventions Nos 100 and 111 – Application in practice

Article 4 of Convention No. 100 and Article 3(a) of Convention No. 111. Cooperation with employers’ and workers’ organizations. The Committee notes the fact that women constitute about 40 per cent of the members of the Tripartite Commission for the Regulation of Social and Labour Relations and that its activities between 2019 and 2024 covered the General Agreement (2022–2024) and labour law amendments. The Committee requests the Government to provide concrete examples of its cooperation with the employers’ and workers’ organizations to promote the acceptance and observance of the country’s national equality policy in employment and occupation, including in the framework of the Tripartite Commission for the Regulation of Social and Labour Relations.

Enforcement and awareness-raising. The Committee notes the establishment of two new departments within the Ombudsperson’s Office: one for the protection of women’s and children’s rights, and another for human rights in the private sector. According to the Office of the Ombudsperson, about 30 per cent of appeals concern labour rights, with reported violations mainly involving abuse of office or misapplication of labour law resulting in administrative measures such as dismissals. The Government adds that, due to its policy of non-discrimination and gender equality in remuneration, no complaints or sanctions related to discrimination have been recorded by the Ombudsperson, labour inspectorate, judiciary or law enforcement bodies. In this regard, the Committee emphasizes that no society is free from discrimination, which is a phenomenon both universal and constantly evolving (2012 General Survey, paras 731 and 845). The Committee wishes to point out that low complaint numbers often reflect lack of awareness, limited accessibility of complaint procedures or fear of reprisal, rather than an absence of discrimination in practice (2012 General Survey, paras 789–794). The Committee requests the Government to provide information on measures to raise awareness on protection against discrimination on the grounds of race, colour, sex, religion, political opinion, national extraction or social origin; and to ensure accessible and safe complaint mechanisms. It also requests the Government to provide sex- and sector-disaggregated data on any complaints, and the sanctions applied by the Ombudsperson, labour inspectorate, judiciary, and law enforcement.

Direct Request (CEACR) - adopted 2024, published 113rd ILC session (2025)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Articles 1 to 4 of the Convention. Assessing and addressing the gender pay gap. Public service. In its previous comments, the Committee requested the Government to provide information on the concrete measures taken to address the gender pay gap by resolving its underlying causes and promoting women’s access to jobs with career prospects and higher pay, in particular in the agricultural sector. The Committee notes the Government’s indication according to which it has actively implemented the Programme of Improvement in the Areas of Employment and Job Creation in Turkmenistan 2015-2020. The Committee also observes that the Government stresses that: (1) despite the decrease in the gender pay gap from 13.7 per cent in 2019 to 10.4 per cent in 2020, the average monthly salary remains lower for women than for men in almost all economic sectors, even when both are employed in the same category; (2) women earn from 69.6 per cent of men’s salary in the public administration and defence sector to 95.1 per cent of men’s salary in the education sector; and (3) the reasons for such disparities concern the positions held by women in these sectors, the right of women with young children to refuse to work in particular conditions for which various allowances and supplements are payable, and men and women’s level of educational attainment. The Government stresses, however, that when women are employed in jobs that are of the same value as men’s, the principle of equal pay for work of equal value applies. In relation to education, the Committee notes the Government’s indication that gender imbalance is becoming smaller in all levels of education: girls accounted for 18.1 per cent of students entering basic vocational education in 2020 (17.5 per cent in 2019), 63.2 per cent of students entering intermediate vocational education (62.6 per cent in 2019), and 43.1 per cent of students entering higher vocational education (42.4 per cent in 2019). It also stresses that mass awareness-raising is conducted among girls and they are increasingly acquiring skills in promising new fields such as technology, physics, maths, and digital technology. The Committee observes the Government indication that, 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, the Women’s Union of Turkmenistan held: (1) an annual “Woman of the Year” competition which brought about the construction in society of a positive image of modern women managers and business people and helped involve women more actively in the development of public life in the country; and (2) the “Women in Science” competition which helps to combat gender stereotypes prioritizing innovation in the agro-industrial complex, fuel and fuel efficiency, chemical technology and the development of competitive new materials. The committee asks the Government to intensify its efforts to reduce the gender pay gap in all sectors of the economy and address the occupational gender segregation and its underlying causes. 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, and any available information on the gender pay gap.

Equal remuneration for men and women for work of equal value. Public service. Referring to its previous comments regarding the application in practice of section 46(2) of Law No. 363-V on the Public Service, which provides that the remuneration of civil servants shall be determined on the basis of the principle of equal remuneration for work of equal value, the Committee notes the information provided by the Government according to which, by virtue of article 11 of the Law on Public Service, a register is to be created with a view to increasing the effectiveness of management of the staff and improving the system of recording, selecting, training, retraining, and upscaling staff. The Government explains that the register, which is currently being drawn up by the competent authorities, is composed of lists of positions in the “civil service”, “military service”, and “law enforcement service” and, in parallel, work is being undertaken to produce reports on the above groups of public servants. The Committee nonetheless observes that the Government does not provide details on methods and criteria used for determining wage scales and other information previously requested. In light of the above, the Committee asks the Government to provide detailed information on the methods and criteria used to establish the register and how it is ensured that, when establishing job classifications and salary scales, the principle of equal remuneration for men and women for work equal value is taken into account, in accordance with Law No. 363-V on the Public Service. It also asks the Government to provide statistical information on the number of civil servants, disaggregated by sex, occupational category and position, and the 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 Law on the Public Service on an equal footing.

Article 2(1). Scope of application. Exclusion of certain categories of workers. On this point, the Committee refers the Government to its comment under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111).

Article 2(2). Minimum wages and collective agreements. In its previous comments, the Committee asked 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. The Committee notes the Government’s statement that the rates of pay fixed in collective agreements and by minimum salary setting machinery are free from gender bias. The Government adds that: (1) as of 1 June 2020, 117 sectoral or intersectoral collective agreements had been concluded and that entity-level agreements contain mandatory provisions on forms and systems of pay, levels of remuneration, and monetary rewards, compensation, supplements, and allowances; (2) under article 354 of the Labour Code, the parties’ representatives, the entity’s workforce, the appropriate trade unions, and the competent bodies are to monitor the fulfilment of the obligations specified in an entity-level collective agreement; and (3) the signatories to the collective agreement must provide all the essential information in their possession for supervisory purposes and have to report on the fulfilment of those obligations at a general meeting of the entity’s workforce. The Committee also notes that, according to information provided by the Government, Article 306 punishes the breaches and non-fulfilment of obligations under a collective agreement at any level. The Committee also notes that in October 2018, the Parliament (Mejlis) adopted the Law on the Tripartite Commission for the Regulation of Social and Labour Relations, entrusted to consult social partners when the regulation of pay levels is drafted. While noting this information, the Committee reiterates its previous request and once again asks the Government to provide information on the measures taken to ensure that when remuneration rates are determined in collective agreements, as well as when minimum wage instruments are adopted, they are free from gender bias and based on objective criteria. The Committee asks the Government to provide examples of any collective agreements that include provisions on equal remuneration for men and women.

Articles 2 and 3. Determination of remuneration rates and objective job evaluation. In its previous comments, the Committee asked the Government to clarify the manner in which the provisions requiring that remuneration shall be determined according to the “quality and quantity of work” performed, combine with an objective job evaluation. The Committee notes that the Government refers to article 110 of the Labour Code which defines remuneration as “the monetary reward for work performed depending on the workers’ qualifications, the complexity, quality and quantity of the work performed / services provided, connected with working arrangements and conditions; it also includes incentive payments”. The Government highlights the point that that when setting the pay for both men and women, quantitative and qualitative criteria are used, but there is also a more objective evaluation of work. While the Government reiterates that the setting of pay rates is free from gender bias, the Committee 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. Furthermore, while the Convention does not prescribe any specific method for such an examination, Article 3 of the Convention presupposes the use of appropriate techniques for objective job evaluation, comparing factors such as skill, effort, responsibilities and working conditions (see General Survey on the fundamental Conventions, 2012, paragraphs 695–696). The Committee once again requests the Government to specify in detail the methods 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.

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Articles 1 to 4 of the Convention. Assessing and addressing the gender pay gap. Public service. In its previous comments, the Committee requested the Government to provide information on the concrete measures taken to address the gender pay gap by resolving its underlying causes and promoting women’s access to jobs with career prospects and higher pay, in particular in the agricultural sector. The Committee notes the Government’s indication according to which it has actively implemented the Programme of Improvement in the Areas of Employment and Job Creation in Turkmenistan 2015-2020. The Committee also observes that the Government stresses that: (1) despite the decrease in the gender pay gap from 13.7 per cent in 2019 to 10.4 per cent in 2020, the average monthly salary remains lower for women than for men in almost all economic sectors, even when both are employed in the same category; (2) women earn from 69.6 per cent of men’s salary in the public administration and defence sector to 95.1 per cent of men’s salary in the education sector; and (3) the reasons for such disparities concern the positions held by women in these sectors, the right of women with young children to refuse to work in particular conditions for which various allowances and supplements are payable, and men and women’s level of educational attainment. The Government stresses, however, that when women are employed in jobs that are of the same value as men’s, the principle of equal pay for work of equal value applies. In relation to education, the Committee notes the Government’s indication that gender imbalance is becoming smaller in all levels of education: girls accounted for 18.1 per cent of students entering basic vocational education in 2020 (17.5 per cent in 2019), 63.2 per cent of students entering intermediate vocational education (62.6 per cent in 2019), and 43.1 per cent of students entering higher vocational education (42.4 per cent in 2019). It also stresses that mass awareness-raising is conducted among girls and they are increasingly acquiring skills in promising new fields such as technology, physics, maths, and digital technology. The Committee observes the Government indication that, 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, the Women’s Union of Turkmenistan held: (1) an annual “Woman of the Year” competition which brought about the construction in society of a positive image of modern women managers and business people and helped involve women more actively in the development of public life in the country; and (2) the “Women in Science” competition which helps to combat gender stereotypes prioritizing innovation in the agro-industrial complex, fuel and fuel efficiency, chemical technology and the development of competitive new materials. The committee asks the Government to intensify its efforts to reduce the gender pay gap in all sectors of the economy and address the occupational gender segregation and its underlying causes. 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, and any available information on the gender pay gap.

Equal remuneration for men and women for work of equal value. Public service. Referring to its previous comments regarding the application in practice of section 46(2) of Law No. 363-V on the Public Service, which provides that the remuneration of civil servants shall be determined on the basis of the principle of equal remuneration for work of equal value, the Committee notes the information provided by the Government according to which, by virtue of article 11 of the Law on Public Service, a register is to be created with a view to increasing the effectiveness of management of the staff and improving the system of recording, selecting, training, retraining, and upscaling staff. The Government explains that the register, which is currently being drawn up by the competent authorities, is composed of lists of positions in the “civil service”, “military service”, and “law enforcement service” and, in parallel, work is being undertaken to produce reports on the above groups of public servants. The Committee nonetheless observes that the Government does not provide details on methods and criteria used for determining wage scales and other information previously requested. In light of the above, the Committee asks the Government to provide detailed information on the methods and criteria used to establish the register and how it is ensured that, when establishing job classifications and salary scales, the principle of equal remuneration for men and women for work equal value is taken into account, in accordance with Law No. 363-V on the Public Service. It also asks the Government to provide statistical information on the number of civil servants, disaggregated by sex, occupational category and position, and the 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 Law on the Public Service on an equal footing.

Article 2(1). Scope of application. Exclusion of certain categories of workers. On this point, the Committee refers the Government to its comment under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111).

Article 2(2). Minimum wages and collective agreements. In its previous comments, the Committee asked 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. The Committee notes the Government’s statement that the rates of pay fixed in collective agreements and by minimum salary setting machinery are free from gender bias. The Government adds that: (1) as of 1 June 2020, 117 sectoral or intersectoral collective agreements had been concluded and that entity-level agreements contain mandatory provisions on forms and systems of pay, levels of remuneration, and monetary rewards, compensation, supplements, and allowances; (2) under article 354 of the Labour Code, the parties’ representatives, the entity’s workforce, the appropriate trade unions, and the competent bodies are to monitor the fulfilment of the obligations specified in an entity-level collective agreement; and (3) the signatories to the collective agreement must provide all the essential information in their possession for supervisory purposes and have to report on the fulfilment of those obligations at a general meeting of the entity’s workforce. The Committee also notes that, according to information provided by the Government, Article 306 punishes the breaches and non-fulfilment of obligations under a collective agreement at any level. The Committee also notes that in October 2018, the Parliament (Mejlis) adopted the Law on the Tripartite Commission for the Regulation of Social and Labour Relations, entrusted to consult social partners when the regulation of pay levels is drafted. While noting this information, the Committee reiterates its previous request and once again asks the Government to provide information on the measures taken to ensure that when remuneration rates are determined in collective agreements, as well as when minimum wage instruments are adopted, they are free from gender bias and based on objective criteria. The Committee asks the Government to provide examples of any collective agreements that include provisions on equal remuneration for men and women.

Articles 2 and 3. Determination of remuneration rates and objective job evaluation. In its previous comments, the Committee asked the Government to clarify the manner in which the provisions requiring that remuneration shall be determined according to the “quality and quantity of work” performed, combine with an objective job evaluation. The Committee notes that the Government refers to article 110 of the Labour Code which defines remuneration as “the monetary reward for work performed depending on the workers’ qualifications, the complexity, quality and quantity of the work performed / services provided, connected with working arrangements and conditions; it also includes incentive payments”. The Government highlights the point that that when setting the pay for both men and women, quantitative and qualitative criteria are used, but there is also a more objective evaluation of work. While the Government reiterates that the setting of pay rates is free from gender bias, the Committee 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. Furthermore, while the Convention does not prescribe any specific method for such an examination, Article 3 of the Convention presupposes the use of appropriate techniques for objective job evaluation, comparing factors such as skill, effort, responsibilities and working conditions (see General Survey on the fundamental Conventions, 2012, paragraphs 695–696). The Committee once again requests the Government to specify in detail the methods 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.

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

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.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Gender remuneration gap. From the data provided by the Government on the number of people employed in Turkmenistan and average salaries for 2011 and 2013, disaggregated by sex and by sector, the Committee notes that the average pay gap was at 16 per cent in 2013 and was as high as 38 per cent in the extractive industries and 34 per cent in retail and wholesale. With reference to its direct request under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), the Committee notes that the gender pay gap is due not only to restrictions on work in particular conditions but also to the length of career, education attainment and division of positions into traditionally “female and male jobs”. The Committee requests the Government to take measures to address the underlying causes of the existing gender wage gap, such as gender-based discrimination, gender stereotypes relating to aspirations, preferences and abilities of women, or vertical and horizontal occupational segregation, and to promote women’s access to a wider range of job opportunities at all levels. Please provide information on any action taken to this end and on any obstacles encountered. Please also provide updated statistical data disaggregated by sex on the distribution of men and women in the labour market and on the remuneration received by men and women by sector of economic activity, including the public sector.

Article 1 of the Convention. Equal remuneration for work of equal value. Legislation. The Committee notes from the Government’s report that the term “remuneration”, used in sections 13 and 14 of the Labour Code, is defined as sums of money, and other material benefits, received by workers and arising from their employment. It covers wages, salaries, bonuses, payments based on annual performance and various types of compensation and benefits paid for specific working conditions. Recalling that section 14(2)(6) of the Labour Code requires employers to ensure that workers receive “equal pay for work of equal value without discrimination”, the Committee notes with interest that section 13(1)(5) of the Labour Code which entitled workers to “equal pay for equal work” was amended by Law No. IV of June 2013 and now entitles workers to “equal pay for work of equal value”. The Government’s report contains no information on the practical application of these provisions but, in its information provided on the follow-up to the concluding observations of the Committee on the Elimination of Discrimination against Women (CEDAW/C/TKM/CO/3-4/Add.1, 2 March 2015), the Government indicated that it had developed a National Action Plan for Gender Equality (2015–20). The Committee requests the Government to: (i) provide detailed information on the objectives and outcomes of the National Action Plan (2015–20) and whether the implementation of the principle of equal remuneration is covered; (ii) indicate what specific elements are covered by the term “remuneration” used in sections 13 and 14 of the Labour Code; and (iii) provide information on any other practical application of the equal remuneration principle.

Article 2(1). Scope. Categories of workers. The Committee recalls that the Labour Code excludes from its scope of application civil servants (section 5(6)(2)) and “other persons, as determined by law” (section 5(6)(3)). Further to the Committee’s request, the Government indicated that the principle of equal remuneration for men and women applied to civil servants by virtue of the Civil Service Act. It further indicated that the principle also applied to domestic workers, but did not clearly indicate if other categories of workers fall under section 5(6)(3). The Committee requests the Government to indicate the legal provisions which apply the principle of equal remuneration for men and women for work of equal value to civil servants and domestic workers. Please also clarify whether any other category of workers is excluded from the scope of the Labour Code and, if so, how these persons are guaranteed equal pay for work of equal value between men and women.

Articles 2 and 3. Determination of remuneration rates and objective job evaluation. The Committee previously requested the Government to indicate how it ensured that the criteria used to determine the rates of remuneration were free from gender bias and that measures were taken to promote the use of objective job evaluation methods. The Committee notes, however, that the Government merely referred back to sections 113 and 116 of the Labour Code saying that remuneration rates are determined by employment contracts and collective agreements, and depend on the worker’s qualifications, skills and working conditions. The Committee recalls that stereotypical assumptions regarding women’s aspirations and capabilities tend to result in the undervaluation of “female jobs” in comparison with those of men who are performing different work and using different skills, when determining wage rates. Accordingly, where women are more heavily concentrated in certain sectors or occupations, there is a risk that the possibilities for comparison at the establishment level will be insufficient. For this reason, the Committee requests the Government to take measures to promote the use of objective job evaluation methods.

Minimum wages and collective agreements. The Committee notes 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. 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. The Government further indicated that much trade union activity is conducted jointly with state authorities but it failed to provide any detailed information on such activities. Recalling the need for effective measures to be taken in order to accomplish real progress in attaining equal remuneration for men and women for work of equal value, the Committee requests the Government to provide detailed information on the cooperation with the social partners, including any awareness-raising activities or training planned or undertaken, for the purpose of giving effect to the provisions of the Convention. Please indicate whether the minimum wage is set in consultation with the social partners. The Committee further requests the Government to take steps to ensure that the remuneration rates established in collective agreements, as well as in minimum wage instruments, are determined in accordance with the principle of equal remuneration for men and women for work of equal value and to provide examples of collective agreements that contain clauses reflecting this principle. Noting the conclusion of a general collective agreement between the Ministry of Labour and Social Protection, the National Trade Union Centre and the Union of Industrialists and Entrepreneurs on 23 August 2013, the Government is requested to provide a copy of such a collective agreement.

Enforcement. The Committee notes that the Government’s report contains no information on specific enforcement activities carried out by the competent authorities and bodies with respect to discrimination in remuneration and that the judicial authorities have not received any complaints regarding breaches of the right to equal pay for work of equal value. The Committee recalls that the absence of complaints does not necessarily mean that there is no wage discrimination in practice, as it may be due to a lack of awareness of or access to the respective rights and procedures, and to the remedies provided for under the law, or to fear of reprisals. The Committee requests the Government to take appropriate measures to raise public awareness of the relevant legislation, and of the procedures and remedies available in relation to wage discrimination. Please provide information on any breaches of the principle of equal pay reported to or detected by the authorities and bodies in charge of enforcing the labour legislation as well as any sanctions imposed and remedies provided.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes the Government’s first report, which contains a description of the legal framework regarding wages and non-discrimination in general. While awaiting translation of some of the relevant provisions of labour legislation giving effect to the Convention, the Committee asks the Government to provide further information on the following points.

Articles 1 and 2 of the Convention. Equal remuneration for work of equal value. Legislation. The Committee notes that pursuant to the Labour Code of 18 April 2009, “no restriction with respect to employment rights is permitted” on the basis of various enumerated grounds, including sex (section 7). It further notes that workers are entitled to “equal pay for equal work without discrimination” (section 13(1)(5)) and that the employer shall ensure that workers receive “equal pay for work of equal value” (section 14(2)(6)). In addition, section 12(2) of Act No. 154 of 14 December 2007 on state guarantees for equal rights for women provides that the State shall ensure equal remuneration for men and women for work of equal value. Finally, the Committee notes the Government’s indication that the principle of equal remuneration for men and women for work of equal value applies to civil servants. The Committee asks the Government to provide the following clarifications:

(i)    why section 13(1)(5) of the Labour Code refers to “equal work” rather than “work of equal value” as in section 14(2)(6) and Act No. 154 of 2007;

(ii)   what specific elements are covered by the term “remuneration” used in sections 13 and 14;

(iii)  whether any categories of workers are excluded from the scope of the Labour Code under section 5(6)(3) and, if so, how it is ensured that the principle of equal remuneration for work of equal value is applied to these workers; and

(iv)  the legal provisions specifying the application of the principle of the Convention to civil servants.

Please also provide information on the practical application of the equal remuneration provisions of the Labour Code and Act No. 154 of 2007, including any administrative or judicial decisions relating to the principle of the Convention.

Articles 2 and 3. Determination of remuneration rates and objective job evaluation. The Committee notes that rates of remuneration are determined by the employment contract, collective agreements or wage agreements (section 116 of the Labour Code). It also notes that, in accordance with section 113 of the Labour Code, the remuneration of the worker depends on his or her qualifications, the nature, complexity and intensity of his or her work and working conditions as well as the quantity and quality of work done, and cannot be lower than the established minimum wage. Recalling that skills considered to be “female” are often undervalued or even overlooked in comparison with traditionally “male” skills, the Committee asks the Government to indicate how it is ensured that the criteria used to determine the rates of remuneration, and their weighting, are free from gender bias and whether any measures have been taken to promote the use of objective job evaluation methods. The Committee further asks the Government to provide information on the method used to ensure that remuneration rates established in collective agreements, as well as in minimum wage instruments, are determined in accordance with the principle of equal remuneration for men and women for work of equal value. Please also provide examples of collective agreements that contain clauses reflecting the principle of the Convention as well as information on their practical application.

Article 4. Cooperation with employers’ and workers’ organizations. Noting the role of the social partners in the determination of remuneration rates, the Committee asks the Government to provide information on cooperation with the employers’ and workers’ organizations, including any awareness activities or training planned or undertaken, for the purpose of giving effect to the provisions of the Convention.

Parts III and IV of the report form. Enforcement. The Committee notes from the Government’s report that the labour legislation is enforced by a specific public body, trade unions and technical and labour inspections, local executive bodies and ministries. It notes however that the Government’s report contains no information on enforcement activities carried out by these competent authorities and bodies with respect to discrimination in remuneration. The Committee further notes the Government’s indication that no complaint concerning the violation of the principle of the Convention has been submitted to the courts. The Committee recalls that the absence of complaints does not necessarily mean that there is no wage discrimination in practice, as such discrimination may be difficult to detect and the workers may not always be aware of their rights and the means of redress available under the legislation. The Committee asks the Government to provide information on any breaches of the principle of equal remuneration reported to or detected by the authorities and bodies in charge of enforcing the labour legislation as well as any sanctions imposed and remedies provided.

Part V. Assessment of the gender remuneration gap. The Committee notes that the Government’s report does not contain any data on the earnings of men and women. In order to be able to assess the application of the Convention in practice, the Committee asks the Government to provide any information available on the remuneration gap between men and women as well as the fullest possible statistical data on the participation of men and women in the labour market and their average actual earnings broken down, if possible, by occupation, branch of activity, seniority and level of qualifications, with respect to both the private and the public sectors.