© International Training Centre of the ILO Training Centre of the ILO 1 Equality and pay equity at work: the ILO Conventions Tzehainesh Teklè

© International Training Centre of the ILO Training Centre of the ILO 2 The ILO and non-discrimination and equality at work Equality is a key concern of the ILO  Constitution  Declaration of Philadelphia (1944)  Discrimination (Employment and Occupation) Convention, 1958 (No. 111)  Equal Remuneration Convention, 1951 (No. 100)  Declaration on Fundamental Principles and Rights at Work (1998)  Declaration on Social Justice for a Fair Globalization (2008) + various ILS on equality and non-discrimination or containing non-discrimination provisions

© International Training Centre of the ILO Training Centre of the ILO 3 Convention No. 111

© International Training Centre of the ILO Training Centre of the ILO 4 Convention No. 111  Main international instrument regarding equality in employment and occupation

© International Training Centre of the ILO Training Centre of the ILO 55 Training Centre of the ILO 5 Definition of discrimination  Different treatment  Based on a prohibited ground  Which has the effect of nullifying or impairing equality of opportunity and treatment in employment and occupation

© International Training Centre of the ILO Training Centre of the ILO 66 Training Centre of the ILO 6 Elements  Factual element – Difference in treatment  Ground on which differential treatment is based  Negative effect of this treatment on equality

© International Training Centre of the ILO Training Centre of the ILO 77 Discrimination  Intentional or not  In law or in practice  Direct or indirect

© International Training Centre of the ILO Training Centre of the ILO 88 Training Centre of the ILO 8 Direct discrimination  Rules or practices explicitly excluding or treating people less favourably on the basis of certain prohibited grounds

© International Training Centre of the ILO Training Centre of the ILO 99 Training Centre of the ILO 9 Indirect discrimination  Apparently neutral rules or practices  Disproportionate negative impact on a particular group  No objective job-related justification

© International Training Centre of the ILO Training Centre of the ILO 10 Training Centre of the ILO 10 Scope of the Convention  Applies to all persons all sectors (public and private) and occupations, including self-employment nationals and non-nationals  All stages of the employment process  vocational training and education  employment and occupation  terms and conditions of work

© International Training Centre of the ILO Training Centre of the ILO 11 Training Centre of the ILO 11 Prohibited grounds  Race, colour, sex, religion, political opinion, national extraction and social origin  Additional grounds can be determined  See also other relevant ILS and international human rights law

© International Training Centre of the ILO Training Centre of the ILO 12  Biological characteristics and functions that differentiate men from women  Social differences between men and women that are learned and changeable over time  Pregnancy  Marital status  Family responsibilities  Sexual harassment Sex

© International Training Centre of the ILO Training Centre of the ILO 13  Quid pro quo (blackmail)  Hostile working environment See General Observation of the CEACR, published in 2003 Sexual harassment

© International Training Centre of the ILO Training Centre of the ILO 14 Training Centre of the ILO 14 Other grounds  Age  Disability  Health status  HIV/AIDS  Nationality  Sexual orientation  Membership or non membership of a trade union

© International Training Centre of the ILO Training Centre of the ILO 15 Other relevant ILS  ILO Workers with Family Responsibility Convention, 1981 (No. 156)  ILO Migration for Employment Convention (Revised), 1949 (No. 97)  ILO Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143)  ILO Indigenous and Tribal Populations Convention, 1967 (No. 107)  ILO Indigenous and Tribal Peoples Convention, 1989 (No. 169)  ILO Vocational Rehabilitation and Employment (Disabled Persons) Convention, 1983 (No. 159) + Recommendation (No. 168)  ILO Code of Practice on Managing Disability at the Workplace, 2002  ILO Code of Practice on HIV/AIDS and the World of Work, 2001  Recommendation concerning HIV and AIDS and the World of Work, 2010 (No. 200)

© International Training Centre of the ILO Training Centre of the ILO 16 Exceptions  Differential treatment based on inherent requirements of a particular job  Special measures of protection or assistance

© International Training Centre of the ILO Training Centre of the ILO 17  Exception has to be applied restrictively, and on a case-by case basis (not to entire sectors or occupations)  Concept of a «particular job» refers to a specific and definable job, function or task  Any limitation must be required by characteristics of the particular job, and be in proportion to its inherent requirements Inherent requirements

© International Training Centre of the ILO Training Centre of the ILO 18  Measures of protection  Accommodation measures  Special temporal measures, affirmative / positive action Special measures

© International Training Centre of the ILO Training Centre of the ILO 19 Training Centre of the ILO 19 Affirmative/Positive action  Goal: accelerate the pace of under represented/discriminated groups  Content: a range of different measures (quotas, goals and timetables etc.)  Beneficiaries: those who suffered consequences of past or present discrimination  Temporary nature

© International Training Centre of the ILO Training Centre of the ILO 20 Training Centre of the ILO 20 The obligation of States  Adopt and implement a national policy to promote equality of opportunity and treatment, with a view to eliminating discrimination (Art. 2)  Elements of such a policy (Art. 3):  Repealing discriminatory provisions or administrative practices  Pursuing the policy in respect of employment, in vocational guidance, vocational training and placement services under direct control of a national authority  Enacting legislation  Effective enforcement  Educational programmes  Cooperation with social partners and appropriate bodies

© International Training Centre of the ILO International Training Centre of the ILO 21 Formal and substantive equality Formal equality  process oriented  treating everyone the same Substantive equality  outcome oriented  requires positive measures

© International Training Centre of the ILO Training Centre of the ILO 22 Convention No. 100

© International Training Centre of the ILO Training Centre of the ILO 23 Causes of the gender pay gap  Education, work experience etc.  Occupational segregation  Hours spent on paid work  Lack of regular income  Size of the organization  Unionization rate  Pay discrimination

© International Training Centre of the ILO 2007 Causes: Discrimination in remuneration  Different pay for men (higher) and women doing the same or similar jobs  Different job titles (and pay) for the same or similar occupations  Undervaluation of female dominated jobs: Lack of consideration or undervaluation of the  skills,  efforts,  responsibilities  working conditions associated with these jobs International Training Centre of the ILO

© International Training Centre of the ILO Training Centre of the ILO 25 Frequently overlooked aspects of women's jobs: Some examples  Skills:Informal training Interpersonal skills Emotional and psycological skills Physical (e.g. manual dexterity)  Efforts:Emotional Mental (multi-skilling) Physical (Lifting things or bodies)  Responsibilities:For people For material resources  Working conditions:Physical environment (exposure to contagious diseases; noise) Psycological conditions (responding to immediate and unexpected requests; responding to demanding or hostile persons)

© International Training Centre of the ILO Training Centre of the ILO 26 C100: Principle of equal pay  Women and men should obtain equal remuneration not only for equal or similar work but also for work of equal value

© International Training Centre of the ILO Training Centre of the ILO 27 Work of equal value  Equal work or work in equal conditions  Different kinds of work which, based on objective criteria, are equal in terms of:  skills  responsibility  efforts  working conditions

© International Training Centre of the ILO Training Centre of the ILO 28 Determining work of equal value  The job content is the point of departure for comparing jobs and remuneration  Convention envisages the use of objective job evaluation

© International Training Centre of the ILO Training Centre of the ILO 29 Objective job evaluation Analytical methodology preferred:  Uses job descriptions  Rating of job content based on factors related to:  skills  responsibility  effort  working conditions  They need to avoid gender bias

© International Training Centre of the ILO 2007 Job evaluation Training Centre of the ILO 30

© International Training Centre of the ILO 2007 Comparisons Female dominated  Wardens in accommodation for elderly  Caterers, cleaners  Social and community service workers  Speech therapists  Flight attendants  Account clerks  Librarians Male dominated  Security guards  Gardeners, drivers  State and local government employees  Pharmacists/psychologists  Pilots and mechanics  Letter carriers  Refuse collectors Training Centre of the ILO 31

© International Training Centre of the ILO Training Centre of the ILO 32 Avoiding gender bias. How?  Make gender equality an explicit objective of the evaluation process  Avoid gender bias and discrimination in the:  selection and  weighting of factors for comparison

© International Training Centre of the ILO Training Centre of the ILO 33 Scope of application  Applies to all workers  Applies to all elements of remuneration

© International Training Centre of the ILO Training Centre of the ILO 34 Training Centre of the ILO 34 Remuneration  Basic, ordinary or minimum wage or salary  Any other additional emoluments  Paid directly or indirectly by the employer  In cash or in kind  Arising out of the workers’ employment

© International Training Centre of the ILO Training Centre of the ILO 35 Additional emoluments: Some examples  Wage differentials or increments based on marital status  Cost-of-living allowances  Housing allowances  Family allowances paid by the employer  Benefits in kind such as laundering of work clothing  Transport costs  Education allowance

© International Training Centre of the ILO Training Centre of the ILO 36 Requirements  State has to:  Ensure equal remuneration where it is in position to influence the level of remuneration  Actively promote equal remuneration where it is not in a position to “ensure”  Flexibility as to the means by which the principle is applied (Art. 2)

© International Training Centre of the ILO Conclusion  Applying the full scope of the provisions of the Conventions is essential to achieve the right to equality and eliminate discrimination in the workplace International Training Centre of the ILO