Women and men must be paid equally for the same work. Justified and fair remuneration motivates employees to contribute more and perform their work better and more efficiently.
If an employer establishes conditions for remuneration of work or for granting and receiving benefits related to the employment relationship that are less favourable for employees of one gender than for employees of the other gender who do the same work or work of equal value on the same grounds, the activity of the employer is deemed discriminatory (clause 6 (2) 3) of the Gender Equality Act).
Thus, the employer is required by law to ensure that the principles of calculation of remuneration, the amount and types of remuneration, additional benefits and all other bonuses are based on the performed work and do not depend on the employee’s gender. Remuneration must be paid according to specific duties.
Different methods can be used to classify and assess work. For example, analytical job evaluation compares jobs on the basis of pre-selected objective factors, such as required classification and previous experience, the mental or physical effort required to do the job, the amount of responsibility and the working conditions.
When assessing work, care must be taken to ensure that work traditionally done by women is not valued less than that done by men. Also, the skills or qualities associated with jobs that are predominantly done by women should not be underestimated in comparison with those associated with ‘men’s jobs’.
The procedure for calculating remuneration must be clear and unambiguous and it must be explained to employees (subsection 5 (2) of the Employment Contracts Act).
If an employee suspects that they are paid a smaller salary due to their gender, the employer must be able to prove that the difference in remuneration is not based on the gender of the employee.
If an employee has been paid less for the same work, they have the right to claim equal pay, as well as compensation for the material and non-material damage caused.
Clause 6 (2) 3) of the Gender Equality Act
Subsection 5 (2) of the Employment Contracts Act
This explanation does not constitute legal aid in a specific case. Therefore, if you feel that you have been treated unequally, but you did not find a solution to your problem in this article, or if you have a question, please contact the Equality Commissioner by e-mail at avaldus@volinik.ee or telephone +372 626 9059. The anonymity of the person is guaranteed when contacting the Commissioner.
