Equal pay and equal treatment at work (Article 157 of the Treaty on the Functioning of the European Union (TFEU) and Recast Directive 2006/54)

AuthorBiljana Kotevska
Pages25-31
25
4 Equal pay and equal treatment at work (Article 157 of the Treaty on the
Functioning of the European Union (TFEU) and Recast D irective 2006/54)
4.1 General (legal) context
4.1.1 Surveys on the gender pay gap and the difficulties of realising equal pay
According to a CSO analysis ‘…women in Macedonia are paid мп.м % less than men before
adjusting for human capital characteristics. With the adjustments the gap increases to
19.2 а’.67 An econometric analysis by the ILO reveals the existence of a large gender pay
gap up to 19 % of the general wage and up to 28 % of the wage for non-qualified labour.68
The CPAD also conducted its own analysis, supported by the OSCE. It found that the
average sala ry paid out to men is EUR 323 (MKD 19 864), wh ereas the average salary
paid to women is EUR 237 (MKD 14 590).69
4.1.2 Surveys on the difficulties of realising equal treatment at work
A 2017 study of the participation of Roma women in the labour market confirmed that the
widespread ‘traditional views’ or simply ‘tradition’ is a major factor for exclusion of women
from the labour market, when looking at the case of Roma women. It found that traditional
views and attitudes feature onl y among the vi ews of some of the local self -government
representatives, whereas they do not feature among Roma women themselves. Roma
women, and the majority of inter viewees, including social service centres and the state
employment agency, a ll agree that the top reason for unemployment of Roma w omen is
discrimination, stereoty pes and prejudice. Anot her reason which featu res prominently is
lack of skills and formal education.70 The findings of th is study, compared t o the official
statistics on women in general, clearly point to the very particular ways in which
discrimination works and excludes Roma women from the labour market, compared to
other women.
4.1.3 Other issues
No other issues of particular difficulty can be singled out in relation to the application of
the principl e of equal pay for equal work and work of equal value in practice an d/or to
equal treatment at work.
4.1.4 Political and societal debate and pending legislati ve proposals
In addition to the analyses of the implementation of the GEL at the central and local levels
(see Section 3.1.4), the preparation of the new Labour Law is underway. While no text has
yet been put forward for pub lic discussion, CSOs have already pu blished demands as to
what the new law should contain. Reactor Research in Action, has set four key demands:
(1) protection of pregnant workers who work on fixed-term contracts durin g pregnancy,
birth and parenthood; (2) the right to protection durin g pregnancy, birth and parenthood
for workers doing unpaid work and workers without formal employment contracts; (3) the
67 Vchkov, I. and Petreski, M. (2017), Gender and motherhood wage gaps in Macedonia, Finance Think,
available at: https://issuu.com/financethink/docs/gender_wage_and_motherhood_gaps_-_m.
68 Petreski, M. and Mojsoska Blazevski, N. (2015), The gender and motherhood wage gap in the former
Yugoslav Republic of Macedonia: An econometric analysis, ILO, Working Paper 6/2015, available at:
www.ilo.org/wcmsp5/groups/public/---europe/---ro-geneva/---sro-
budapest/documents/publication/wcms_447699.pdf.
69 Ananiev, J. (2015),   -          
(Research report Gender pay gap at the national level), CPAD and OSCE, available at:
https://www.osce.org/mk/mission-to-skopje/230251?download=true.
70 Luludi (2017),            (Participation of
Roma Women on the labour market in the Republic of Macedonia), available at: http://luludi.mk/wp-
content/uploads/2016/04/Luludi-Istrazuvanje-Finalna-verzija-MK-30052017_Web-version.pdf.

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