EU: Commission plans to tackle the gender pay gap
With statistics indicating that women continue to earn on average 15% less than men across the EU, the European Commission has outlined measures aimed at narrowing the gender pay gap. The plans include a possible strengthening of the EU legislative framework on equal pay.
On this page:
Pay gap persists
Explaining the gap
Action in four areas
Legislative framework
Employment policy and the pay gap
The role of employers
Supporting exchanges of good practice
Conclusions
Comments
Table: The gender pay gap in the EU in 1995, 2000 and 2005
Key points
|
The commission's approach is set out in a communication, entitled "Tackling the pay gap between women and men" (117K, PDF format) (on the EUR-Lex website), submitted to the other EU institutions on 18 July 2007.
It is 50 years since the Treaty establishing the European Economic Community (the Treaty of Rome) was signed, enshrining the principle of equal pay for equal work for male and female workers. It is 32 years since the adoption of the Directive (75/117/EEC) on the application of the principle of equal pay for women and men. Over the past decade, reducing the gender pay gap has been one of the objectives of the EU growth and jobs strategy.
However, equal pay is still far from being achieved. According to Eurostat statistics, the average hourly pay (before tax) of women in the EU was 15% below that of men in 2005 – a gap that had fallen only slightly from 17% in 1995. The gap in 2005 was widest in Cyprus (25%), Estonia (25%), the Slovak Republic (24%) and Germany (22%), and narrowest in Malta (4%), Belgium (7%) and Slovenia (8%) – see the table. At 20%, the gap in the UK was above average.
According to the communication, in most of the countries where the female employment rate is low (such as Greece, Italy, Malta and Poland), the pay gap is narrower than average, which may reflect the small proportion of low-skilled or unskilled women in the workforce. A high pay gap is usually characteristic of a labour market that is highly segregated (as in Cyprus, Estonia, Finland and the Slovak Republic) or in which a significant proportion of women work part time (as in Austria, Germany, the Netherlands, Sweden and the UK). Institutional wage-setting mechanisms and systems can also influence the pay gap.
The commission notes that the pay gap is also wider than average in private sector companies (at 25%), where it varies considerably according to the characteristics of the individual, the company or the job. For example, the pay gap increases with the size of the undertaking and with an employee’s age, level of educational attainment and length of service. The pay differential is more than 30% on average in the 50-59 age group and 7% for the under-30s; it is more than 30% for those with third-level education and 13% among those with only lower-level secondary education; and it stands at 32% for workers with more than 30 years of service in a company and 22% for those who have worked in a company for one to five years. This indicates that the qualifications and experience acquired by women are less financially rewarded than those acquired by men.
The European Commission argues that the gender pay gap "reflects ongoing discrimination and inequality in the labour market which, in practice, mainly affects women". It "extends well beyond the question of equal pay for equal work" and one of the main causes is "the way women's competences are valued compared to men's". Jobs requiring similar qualifications or experience tend to be paid less when they are dominated by women, the communication states. For example, in some countries nannies earn less than car mechanics, supermarket cashiers less than warehouse workers, or nurses less than police officers.
The pay gap also, the commission says, reflects inequalities on the labour market mainly affecting women, and in particular difficulties in reconciling work with private life. Women have greater recourse to part-time work and more frequent career breaks, which have a negative impact on their professional development. They "still lag behind men when it comes to holding managerial positions and they encounter more obstacles and resistance as they proceed along their career paths". As a consequence, women's career paths are "more often interrupted, slower and shorter, and hence less well paid than men's".
To tackle the issue, the communication identifies four fields of action:
- ensuring better application of existing legislation, analysing how current laws could be adapted and raising awareness;
- fighting the pay gap as an integral part of member states' employment policies, exploiting the full potential of EU funding, in particular the European Social Fund;
- promoting equal pay among employers, especially through corporate social responsibility initiatives; and
- supporting exchanges of good practice across the EU and involving the social partners.
On the legislative front, the commission will:
- continue to monitor closely the transposition and application of EU equality legislation in the member states and work with national bodies responsible for equality to help ensure that the law on equal pay is interpreted and applied in the same way;
- undertake in 2008 an analysis of the relevance of current legislation with regard to the causes of the pay gap and propose, where necessary, amendments to the EU legal framework. "Without pre-empting a detailed analysis", the commission argues that changes to the legal framework could be examined to ensure that "direct and indirect discrimination based on sex is excluded in particular from the systems used to set pay". This might mean reinforcing provisions aimed at "eliminating those elements of pay systems which result in gender discrimination";
- urge member states to implement in full the existing legislation on the provision of information to workers by employers on equal treatment (Directive 2002/73/EC requires member states to encourage employers to provide employees and/or their representatives with regular and appropriate information on equal treatment for men and women in the undertaking);
- investigate whether guidance or clarification is necessary regarding the use of positive measures to combat labour market segregation;
- step up efforts to provide information and raise awareness about existing laws and the action that can be taken in the event of discrimination, also with regard to those involved in the legal system; and
- where necessary, following the current consultation of the social partners at EU level, propose measures to improve the reconciliation of working and private life to allow men and women access to the labour market and remain within it on an equal footing.
Employment policy and the pay gap
The EU growth and jobs strategy can, in the commission's view, be used more fully to tackle the gender pay gap. To this end, the commission will:
- improve the supply and quality of statistics on the pay gap, including any statistical breakdowns that are needed and tools that can be used to identify and analyse the factors influencing the pay gap, and ensure that these are disseminated "in a proper manner";
- evaluate the best means of combating the pay gap in the framework of the 2008-10 integrated guidelines for the EU growth and jobs strategy;
- urge the member states to set objectives and national deadlines for reducing the pay gap between women and men on the basis of statistics that are "consistent, comparable and complete"; and
- urge member states to exploit the full potential of the European Social Fund, in particular to tackle the direct and indirect causes of pay gaps between women and men, improve women's access to the labour market and reduce the gender segregation of the labour market.
Employers have a "key role to play in eliminating unjustified pay inequalities", the commission argues. They have a responsibility to comply with the relevant legislation on the subject and it is also "in their interests to act responsibly in order to promote equality between women and men within their organisations". The commission notes that there is still a pay gap among employees in the public administration in the EU member states.
The promotion of equality, the communication argues, is "not only an ethical matter but creates a competitive advantage for companies by allowing their staff to make full use of their productive potential". Gender equality is one of the priority action areas identified by the European Alliance on Corporate Social Responsibility established by the commission in 2006. The commission now invites the alliance to propose "initiatives to promote good practice in the fight against the pay gap".
Some member states support employers' efforts by promoting labels that can be used by companies whose equality and HR management give gender equality a high profile. The commission will encourage the exchange of good practice in this field.
Public authorities, the communication states, have a significant part to play in national economies, with public contracts accounting for 16% of the EU's gross domestic product. They are "therefore in a position to encourage their service providers to adopt socially responsible behaviour". To this end, the commission notes that two EU Directives (2004/17/EC and 2004/18/EC) stipulate that "contracting entities may lay down special conditions relating to the performance of a contract ... [which] may, in particular, concern social and environmental considerations."
The commission will:
- call on the national authorities to make every effort to reduce the pay gap for their own staff and encourage their service providers to adopt equal pay policies in the performance of public contracts; and
- incorporate the issues of equal treatment and equal pay into a guide that it is preparing for 2008 on incorporating social criteria into public contract performance procedures.
Supporting exchanges of good practice
Several member states have introduced measures at national level to reduce the pay gap, the communication notes. These include: legislative measures to promote equal pay, for example encouraging or requiring companies to examine and remedy unjustified discrepancies in pay between their staff; active gender equality policies that seek to eliminate structural inequality in the workplace; and wage policies designed to raise the profile of poorly paid occupations.
One of the priorities of the "framework of actions on gender equality" adopted in 2005 by the EU-level social partners is reduction of the pay gap. According to the first follow-up report on its implementation, approved at the beginning of this year, the framework of actions has prompted a large number of measures taken by social partner organisations at national level that use a wide variety of instruments, such as awareness-raising and training measures, the development of wage-comparison tools or strategies to reduce the pay gap.
The diverse nature of the methods that have been adopted reflects the complex nature of the problem, the commission argues. Equal pay can be achieved only if "action is taken at all levels, which involves all interested parties and addresses all the causative factors of the pay gap". It is therefore essential to have a thorough knowledge of the implications of the pay gap and to disseminate examples of good practice to reduce the gap. The commission will support the exchange of good practice in this field. It also calls on the social partners to continue to implement their framework of actions, "in particular as regards the priority given to reducing the pay gap".
The new European Institute for Gender Equality "may be required to provide technical assistance in the efforts to narrow the pay gap".
The communication concludes that the persistence of the gender pay gap is "a sign that women continue to be affected by direct and indirect discrimination and inequalities in the labour market, but also prevents the working potential of women being properly fulfilled and the achievement of the objectives" of the growth and jobs strategy.
The commission sees it as "necessary, above all, to improve the capacity to analyse this phenomenon, which remains complex and poorly understood". This should allow the identification of possible ways of dealing with the problem in a targeted manner, and of "possible improvements to the existing legal framework likely to lead to a significant reduction in the pay gap".
The commission wants its communication to "give a new impetus to the fight against the pay gap" and demonstrate its "full commitment to put in place all the measures necessary with the aim of reducing unjustified differences in pay between women and men". In this effort, the commission is seeking the "active support of all stakeholders, especially the member states and the social partners".
"Girls outperform boys at school and more women enter the labour market with a university degree than men, but a pay gap of 15% persists. This is an absurd situation and needs to change," says Vladimír Špidla, the commissioner for employment, social affairs and equal opportunities. "The pay gap is a complex issue with multiple causes. Sometimes we see pure discrimination. But often reasons are hidden: women do more unpaid work, like taking care of the household and dependants; more women work part time and often the women-dominated sectors are on a lower pay scale. We must shift up a gear now. The only way to succeed is by getting men and women, non-governmental organisations, social partners and governments on board to tackle the problem at all levels."
The European Trade Union Confederation (ETUC) welcomed the communication and its approach of improving the legal framework and its implementation, stepping up action in the framework of the EU employment strategy, encouraging employers and public authorities to play a stronger role in eliminating unequal pay, and supporting exchange of good practice. However, Catelene Passchier, an ETUC confederal secretary, says: "We would like to see some more concrete measures, including the reintroduction of a specific target and timetable on the elimination of the pay gap in the [EU employment strategy]."
She added: "We are also very concerned about growing wage inequalities around Europe, especially in areas and jobs not covered by collective bargaining, and would like to see more explicit support for collective bargaining as an important tool to strengthen the position of women in the workplace and the labour market. Particular initiatives must be taken to address the wage penalties apparently linked to working part time, which means an evaluation of the [part-time work] Directive prescribing equal treatment between full-time and part-time workers."
This article was written by Mark Carley, editor, European Employment Review.
Table: The gender pay gap1 in the EU in 1995, 2000 and 2005 (%) |
|||
Country |
1995 |
2000 |
2005 |
Austria |
22 |
20 |
18 |
Belgium |
12 |
13 |
7 |
Bulgaria |
- |
- |
16 |
Cyprus |
29 |
26 |
25 |
Czech Republic |
- |
22 |
19 |
Denmark |
15 |
15 |
18 |
Estonia |
27 |
25 |
25 |
Finland |
- |
17 |
20 |
France |
13 |
13 |
12 |
Germany |
21 |
21 |
22 |
Greece |
17 |
15 |
9 |
Hungary |
22 |
21 |
11 |
Ireland |
20 |
19 |
9 |
Italy |
8 |
6 |
9 |
Latvia |
- |
20 |
17 |
Lithuania |
27 |
16 |
15 |
Luxembourg |
19 |
15 |
14 |
Malta |
- |
11 |
4 |
Netherlands |
23 |
21 |
18 |
Poland |
- |
- |
10 |
Portugal |
5 |
8 |
9 |
Romania |
21 |
17 |
13 |
Slovak Republic |
- |
22 |
24 |
Slovenia |
14 |
12 |
8 |
Spain |
13 |
15 |
13 |
Sweden |
15 |
18 |
16 |
UK |
26 |
21 |
20 |
EU 27 (estimate) |
17 |
16 |
15 |
1. The difference between the average gross hourly earnings of male paid employees and of female paid employees, as a percentage of average gross hourly earnings of male paid employees. |
European Employment Review 404 (EER 404) contents