Work Of Equal Value Research Articles

Solving Wage Information Asymmetry: The Perspective of the European Union and Lithuania

The search for criteria and mechanisms for resolving the pay gap between men and women is one of the main directions of the equality policy of the European Union. More than half a century after the establishment of the principle of the right to equal pay for the same work or work of equal value, it became apparent that the pay gap between men’s and women’s wages remains unsealed. One reason is the wage information asymmetry between the employee and employer. This asymmetry was corrected in the Pay Transparency Directive of the European Union. The author examines the measures for adjusting information asymmetry on wages provided for in the directive. They are divided into three groups – the measures ensuring pay process transparency, the measures ensuring pay communication transparency, and the measures ensuring pay outcome transparency. Subsequently, obstacles and opportunities for the transfer of these measures to the Lithuanian legal system are discussed.

EU directive 2023/970: strengthening the application of the principle of equal pay

In May 2023, Directive 2023/970 was issued on strengthening the application of the principle of equality for men and women for equal work or work of equal value through pay transparency and enforcement mechanisms. Its basic task is to introduce transparency of remuneration systems by employers and EU Member States and to enable and facilitate the overcoming of procedural obstacles used by businesses that do not comply with anti-discrimination standards applicable in the EU for employees, mainly women, subjected to inferior treatment. The directive has inspired citizens of EU Member States to exercise their legal protection against discrimination and inconsistency of business conduct in matters relating to the principle of equal pay. They have the right to pursue compensation claims through bodies representing wronged employees, state institutions and agencies acting on behalf of multiple people. A campaign has been launched in the EU to overcome stereotypes in labour relations related to the gender of people employed and applying for jobs.

Entgelttransparenzgesetz erreicht Ziel nicht

Abstract The German Pay Transparency Act (Entgelttransparenzgesetz) is intended to help enforce the principle of equal pay for women and men doing equal work or work of equal value. After the second evaluation, it is clear that this is not being achieved with the existing instruments of the law. Without major changes, the law remains largely ineffective - while at the same time imposing substantial bureaucratic requirements on firms. This article describes the results of the second evaluation and shows possible reforms.

As clear as mud: Assessing the relationship between proposed pay transparency mechanisms and data protection obligations in EU law

This article considers the provisions of the EU's proposed pay transparency Directive and comments upon their potential for uncovering and rectifying pay imbalances. We note the necessity of pay transparency measures, for full realisation of the right to equal pay for equal work or work of equal value, given that information access inequality is usually present between employee and employer. Whilst many of the innovations in the proposed provisions are commendable and desirable, we see several obstacles to success in the drafting of the proposed articles. Specifically, regarding the most important transparency provisions—the requirement to report on gender pay gaps, and the right to request and receive comparator pay data—the ease with which concerns over a potential clash with data protection obligations has been dismissed is concerning. In light of the jurisprudence of the Court of Justice of the European Union on data protection obligations, and the fallibility of data anonymisation techniques, we predict a tension between these two sets of provisions that has not been entirely precluded by the drafting of the new pay transparency directive.

Towards the Practical Realisation of the Concept of Equal Pay for Equal Work in Ghana: Some Comparative Lessons from South Africa and the United Kingdom

The Constitution of Ghana and the Labour Act provide that all workers in Ghana are entitled to equal pay/remuneration for equal work. The practical realisation of equal pay for equal work is also a global goal embodied in key international instruments. Notwithstanding this, the meaning and scope of the concept have proven somewhat difficult to understand. Some countries have promulgated legislation and statutory guidelines to provide clarity. In Ghana, the operational aspects of the concept have not yet been fully explored. In addition, Ghanaian courts have not been approached to pronounce on its scope. While the government of Ghana has introduced some wage determination structures to give effect to the concept, unfortunately these apply only to public-sector workers. This article seeks to advance arguments on the practical realisation of equal pay for equal work or work of equal value in the Constitution and Labour Act. It discusses the meaning of the concept under international law. It also draws some legislative and judicial lessons from the legal position in South Africa and the United Kingdom on the various approaches to equal pay claims. The article suggests that Ghana take legislative steps to provide clarity and a comprehensive framework to govern the various aspects of equal pay for equal work and work of equal value.

Unequal Remunerations in the South African Private Sector

Abstract South Africa has passed various laws such as the Employment Equity Act 55 of 1998 to address discriminatory practices in the workplace. These discriminatory practices include the unequal pay between males and females performing work of equal value. Payment of unequal remunerations is prevalent in the South African private sector, and it is exacerbated by the preferential treatment enjoyed by white employees compared to employees in other race groups. White groups and black males dominate higher positions in the private sector and their remunerations are often higher than those of black female employees in similar positions. This is so because the private sector engages in the gender wage gap to the detriment of suitably black South African females who are both underrepresented at managerial levels and paid less than their male counterparts. This paper examined various transformative remuneration interventions and their effectiveness in ensuring remuneration equality regardless of gender. The paper examined those practical challenges that further hinder the achievement of income equalities in the private sector. The paper asserted that there should be consequences such as termination of State contracts for companies that deliberately engage in the payment of unequal remunerations between male and female employees. This paper adopted a qualitative research methodology. The data for this paper were sourced from the desk research, Acts, court decisions and international conventions dealing with income inequalities in South Africa. The paper concluded that companies need to strategise, track and measure income disparities and address the gender wage gap to promote equity and fairness in the workplace.

Gender Perspectives Across the Global Supply Chain

The contribution analyses the different gender perspectives which occur across the global supply chain. It will explain the relationship of gender equality and its implications observing the different stages of the production cycle in global supply chains. Certain conditions and the employment of women in low-wage production at the lower tier of supply chains make them more vulnerable for different human rights violations, such as gender-based and sexual violence and harassment, discriminations based on sex, exploitation, unequal pay for work of equal value, among others. It will be examined how these are addressed with soft and hard law approaches on the international, European and national level, concluding with the benefits and pitfalls of national legally binding global supply chain acts.

COUNTERACTING PAY DISCRIMINATION – A FEW REMARKS ON THE PROPOSED AMENDMENT TO ART. 943 § 2 OF THE LABOUR CODE AND ON THE PROPOSED DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL TO STRENGTHEN THE APPLICATION OF THE PRINCIPLE OF EQUAL PAY FOR EQUAL WORK OR WORK OF EQUAL VALUE BETWEEN MEN AND WOMEN THROUGH PAY TRANSPARENCY AND ENFORCEMENT

In July 2020, a Parliamentary draft bill was brought before the Polish Sejm amending the Act – Civil Code (print no. 463). Currently, the legislative process concerning that draft is underway. The draft proposes to expand the definition of mobbing – as specified in Art. 943 § 2 of the Labour Code – by adding a provision under which mobbing would also consist in persistent and long-term differentiating the level of pay on grounds of an employee’s sex. The intention of the authors is to strengthen the legal instruments guaranteeing respect for the principle of equal rights for women with regard to pay for equal work or work of equal value. At the same time, in March 2021 – at the EU level – a legislative procedure was initiated in respect of the Directive of the European Parliament and of the Council to strengthen the application of the principle of equal pay for equal work or work of equal value between men and women through pay transparency and enforcement mechanisms. This article discusses the legal solutions expressed in the draft amendment to Art. 943 § 2 of the Labour Code and in the proposed Equal Pay Directive. The article is an attempt to answer the question if the introduction of the proposed regimes will eliminate or at least reduce pay discrimination on grounds of sex.

Equity provision equal-pay for work of equal-value implementation within South African State-Owned Enterprise (SOE)

Purpose of the research: The purpose of the study is to determine how a state-owned enterprise in South Africa deploys equal pay for work of equal value. The research setting and environment where the investigation takes place are located in a state-owned enterprise (SOE) called ZYD. Research methodology: An inductive research approach is used with qualitative research for primary data and for secondary numeric data. The research includes a population sample of eight participants who are involved in the primary research data collection. In addition, a company finance report is analysed for the secondary data collection. Equally, some qualitative primary research data are analysed quantitatively in order to make sense of the data (Saunders, Lewis & Thornhill, 2012:165). Results/findings:The study confirms that implementing equal pay has a financial implication attached to it, insignificant as it is. Uncoordinated confirmations for promoting equal pay exist. Lack of a comprehensive approach to equal pay encompasses the majority concerns. The study shows how important it is for the organisation to have all essential pillars in place and in sync with one another, which lagged in this case. With the essential pillars in place and in sync, a robust pay equity system/model, which is supported by policy, will be leveraged and initiated as a business imperative, promoting open communication and empowerment about equal pay (Bradshaw, et al., 2017:3). Vignettes have been constructed and highlighted in order to bring alive the participants’ voices within the researcher’s interpretations of meaning. Practical implications and Conclusions: South African researchers and researchers across the globe have shown little interest to explore the racial pay discrimination situation; they have constantly researched gender-based pay inequity instead. This should be reason enough to have future research studies focusing on pay equity irrespective of race, gender or disability.

An Insight into Wage Dynamics and Inequality Scenario under Changing Landscape of Rural India

This article examined the level and recent trends in rural wages, the extent of the wage gap and inequality across the states in agriculture. Recent trends showed a continuous and persistent rise in real wages for agricultural and non-farm activities in rural areas. Inequality in wage rate was lower among diverse agricultural operations within and across the year(s). Regression analysis indicated that the wage rate was agriculture was positively influenced by productivity, period and labour availability. Effective implementation of minimum wage law and equal pay for work of equal value would reduce the wage gap and inequality.

Gender equality in labor legal relations: international legal regulation

The article analyzes international legal documents on gender equality in labor relations, their significance and role. It is noted that the issues of gender equality in employment and dismissal, the right to fair and equal pay for equal work, the creation of favorable working conditions, as well as economic and social guarantees for the successful performance of professional duties remain relevant worldwide. It is noted that extremely important norms, the priority of which is to ensure equal rights of workers, are contained in the UN conventions (on the elimination of racial discrimination, discrimination against women and protection of the rights of migrant workers and their families), ILO conventions and recommendations (on equal pay for men). and women for work of equal value and discrimination in employment and occupation), as well as in the EU directives on equal pay, equal treatment in the workplace, on the application of the principle of equal treatment to men and women engaged in individual employment and employment. activities, on the safety and health of pregnant workers and workers who have recently given birth or are breastfeeding, in the workplace, on childcare leave, on equal treatment of women and men in social security schemes in the workplace).It is concluded that international labor regulation and the development of international standards to ensure equal rights of workers today is one of the priorities of the world community. Defining, consolidating and implementing international uniform and universally binding standards for the equality of employees is an important step towards creating an effective and civilized tool to protect the world’s population and ensure the living conditions of socially secure workers and their families. As the examples of international organizations and the documents adopted by them show, achieving gender equality is one of the key universally recognized priorities in human development. It is international law that makes it possible to understand the essence, content, structure and importance of gender equality as a key component of human rights, the conditions for sustainable development, peace and security on the planet.

Dopuszczalność ujawniania związkom zawodowym informacji o wysokości wynagrodzenia pracownika w powszechnym modelu zatrudnienia (artykuł polemiczny)

Admissibility of disclosing to trade unions information on the amount of an employee’s remuneration in the common employment model (polemical article) In doctrine and jurisprudence, the prevailing view is that employers are not obliged to disclose to trade unions, at their request and within the framework of trade union monitoring of compliance with the law, information on employee wages. According to the 1993 resolution of the panel of seven judges of the Supreme Court, an employer may disclose such information, but only with the employee’s consent. Otherwise, the personal right of the person performing the work may be infringed. Such an opinion is not convincing. It stands in clear opposition to the law in force. It also leads to depriving the trade union organisation of the right to carry out systemic control of the employer’s compliance with the principle of equal remuneration for equal work or work of equal value (Art. 18(3c) of the Labour Code).

THE DIFFICULTIES ENCOUNTERED BY WOMEN IN PURSUING A MANAGERIAL CAREER IN SPORTS

With considerable efforts, women have made remarkable progress and have become increasingly present in the sporting phenomenon, both as athletes and in various management positions. However, compared to men, they are still under-represented in the management positions of sports organizations, especially at senior management levels. According to the European Institute for Gender Equality (European Commission, 2014), the percentage of women in management positions in leading sports organizations was very low in 2014 (an average of 10%); also, out of 52 European sports federations, 20 had no women on their federal boards and only two had women as presidents. In 2017, out of the 74 national sports federations in our country, only 7 had female presidents. We should also not forget that there are still situations where women are paid less than men for work of equal value (according to the same European Institute for Gender Equality, women would earn 2 euros per hour less than men, on average). Given these data, we wanted to identify the difficulties encountered by women in managerial careers. For our study, we conducted a series of interviews with women managers in sport organizations from our country. The interviews had pre-determined questions and were focused on issues such as: gender discrimination, differences in remuneration between women and men, barriers and obstacles to promoting at work, difficulties and limitations encountered by women in pursuing their managerial careers

The revival and refashioning of gender pay equity in New Zealand

While the foundations for redressing gender pay inequality in New Zealand were established half a century ago, significant numbers of women still endure the sharp end of gender-based pay differentials. Following a landmark test case in the aged care sector which focused on the (re)interpretation of the Equal Pay Act 1972, gender pay equality is once again under intense scrutiny. On the 125th anniversary of women’s suffrage, the New Zealand government signalled the introduction of legislative amendments to address this enduring challenge. Although widely contested, the intent of the Equal Pay Amendment Bill is to lower the threshold for raising pay equity claims, while establishing a bargaining process for resolving them. Alongside this, the government has introduced an ambitious workplace action plan to eliminate public service gender pay gaps. Informed by gender equity policy approaches, this article examines New Zealand’s (gendered) regulatory history relating to equal pay, yielding insights into how labour law and policy have both addressed and evaded the objective of equal remuneration for work of equal value, concluding with a discussion of recent initiatives. This qualitative analysis illustrates how institutional contexts for wage-setting and value-laden equality strategies impact women’s experience of work in New Zealand.

Gender pay transparency mechanisms: Future directions for South Africa

The gender pay gap – that is, the difference in wages between men and women for the same or substantially the same work, or work of equal value – still features prominently as a stumbling block in achieving South African gender equality. If South Africa is to dislodge its stagnant gender pay gap, especially for women in the middle and upper levels of the wage distribution, pay transparency – making gender differences in wages known to employees, government and the public – can compel employers to remunerate fairly and equally. We undertook a comparison between the global and national mechanisms of gender pay transparency to propose a way forward to increase transparency in gender pay for South Africa. In addition to a discussion of existing mechanisms, a summary of the gender pay transparency mechanisms of 16 countries is provided as supplementary material to the article. We found that South Africa could strengthen legislated transparency mechanisms, especially with regard to pay reporting and pay audits, provided that sanctions are attached to non-delivery of these duties. Reigniting the debate on strengthening and improving South African legislation and interpretation of existing governance codes in relation to the implementation, monitoring and enforcement of gender pay transparency mechanisms could strengthen the existing collective bargaining framework and provide the impetus to demonstrate that South Africa sees gender equality as an achievable reality, not an improbable ideology.
 Significance:
 
 Despite the presence of constitutional rights and enabling legislation to prevent workplace gender discrimination, South Africa continues to see a stagnant median gender pay gap of between 23% and 35%.
 This study provides a global analysis to reinvigorate the debate on how South Africa can strengthen transparency mechanisms to close the gender pay gap.
 Legislators, activists, board members, trade unions, academics, and organisational leaders are provided with suggestions on transparency mechanisms to improve efforts towards economic gender equality for South Africa.

Gender pay transparency mechanisms: Future directions for South Africa

The gender pay gap – that is, the difference in wages between men and women for the same or substantially the same work, or work of equal value – still features prominently as a stumbling block in achieving South African gender equality. If South Africa is to dislodge its stagnant gender pay gap, especially for women in the middle and upper levels of the wage distribution, pay transparency – making gender differences in wages known to employees, government and the public – can compel employers to remunerate fairly and equally. We undertook a comparison between the global and national mechanisms of gender pay transparency to propose a way forward to increase transparency in gender pay for South Africa. In addition to a discussion of existing mechanisms, a summary of the gender pay transparency mechanisms of 16 countries is provided as supplementary material to the article. We found that South Africa could strengthen legislated transparency mechanisms, especially with regard to pay reporting and pay audits, provided that sanctions are attached to non-delivery of these duties. Reigniting the debate on strengthening and improving South African legislation and interpretation of existing governance codes in relation to the implementation, monitoring and enforcement of gender pay transparency mechanisms could strengthen the existing collective bargaining framework and provide the impetus to demonstrate that South Africa sees gender equality as an achievable reality, not an improbable ideology.

Принцип рівної винагороди за працю рівної цінності

Принцип рівної винагороди за працю рівної цінності

Protection of Workers’ Rights to Timely and Full Payroll

The peculiarity of the violation of the right to full and timely payment of wages is that it, as a rule, is violated simultaneously with respect to all of the employees of one employer. It is concluded that the restoration of the rights of individual workers in such cases entails a violation of the principles of equality of opportunity and equal pay for work of equal value. In view of the objective specificity of the right to timely and full payment of wages, it is proposed to recognize the right to protection in the event of its violation in the same way by one employer not only for each worker, but also for the group of workers as a whole. It has been proved that wage collection disputes meet the conditions for classifying disputes as group claims formulated in legal doctrine, foreign practice and draft laws. In this regard, it is proposed to include such disputes in the list of categories of cases that may be considered in the framework of the procedure for protecting the rights of a group of persons. The expediency of recognizing the right to suspend work as self-defense in the event of a wage payment delay of at least one day has been proved. The author analyzes the court practice on consideration of disputes on the recovery of wages paid in a different amount than established by a written labor contract, and reveals the impossibility of protecting the rights of workers to the full payroll. To solve this problem, it is proposed to introduce into labor legislation the rules on recognition simulated conditions of an employment contract for setting wages in a smaller amount than the parties actually agreed as inadmissible.

No Rosy glasses in Bluesy Ghettos? Job satisfaction of pink and blue collar workers and the comparable worth legislations

ABSTRACTThe majority of studies using contemporary data report that women have a higher job satisfaction than men, and even more so in the occupations with a greater female share. This pattern, paradoxically given the lower pay of female-dominated jobs, is often attributed to women’s voluntary sorting into these occupations. In contrast, historical scholarship emphasizes the societal restrictions which shaped women’s vocational choices and the dissatisfactions with wages which led to the comparable worth movements around the world. During the 1980s, the Canadian comparable worth movement achieved momentum and instigated many legislative changes. By 1989, 6 out of 10 Canadian provinces had laws prescribing ‘equal pay for work of equal value.’ Using nationally representative Canadian data from 1989 to 1991, we examine how these legislations affected job satisfaction in pink and blue collar occupations. We find strong evidence for the higher job satisfaction of pink collar women in jurisdictions with a comparable worth legislation. The findings are discussed within the sociocultural context of the late twentieth century.

ILO Conventions 111 and 100 in Central America and Mexico: An Assessment of the Jurisprudence of the ILO Committee of Experts

The International Labor Organization (ILO) monitors compliance with Conventions through two mechanisms: the Committee on Freedom of Association (CFA) and the Committee of Experts on the Application of Conventions and Recommendations (CEACR). While there is a significant amount of attention and literature dedicated to the work of the CFA, there is less attention devoted to the work of the CEACR. There is also inadequate attention to the ILO’s promotion and monitoring of ILO Conventions 100 (equal pay for work of equal value for women and men) and 111 (prohibition of discrimination in work and occupation based on sex and other grounds). These Conventions form the third pillar of the 1998 Declaration on Fundamental Rights at Work. This paper hopes to rectify this gap in the literature by examining the jurisprudence of the CEACR relating to ILO Conventions 100 and 111 in Mexico,Guatemala, El Salvador and Honduras. It finds that ILO Committee of Experts comments had an impact on the development and improvement in labor laws in the countries examined but that sole causation could not be ascribed. Legal changes frequently took decades to occur and resulted from a combination of efforts by national and international social movements as well as reports and comments issued by the ILO and other regional and international bodies.