Issue: №10/3, 2019
The article is devoted to the research of the basic standards of the International Labor Organization (ILO) regarding the wages. The content of the employee's right to decent salary and guarantees for its realization, which based on the analysis of main ILO’s Conventions, have been determined. The main ILO’s standards regarding the wages are the freedom to control salary; the right to receive regular salary; the presumption of payment the salary in cash; the limitation of the recoupment from salary; the guarantee of receiving information about the conditions of payment of work; the minimum wages. The purpose of the article are to explore the main labour standards regarding the wages in accordance with the ILO Conventions, to research the state of their implementation in Ukraine and to make proposals for improvement the national labour legislation regarding the wages. The methodological basis of the research is the set of general and specific methods of scientific knowledge. Thus, the dogmatic method and the comparative legal method have been formed the methodological basis for analysing and comparing the ILO Conventions and national labour legislation. The system-structural method has been allowed to highlight the stages of gender-neutral evaluation of working places. Among the main problems regarding the wages were defined the violation of the terms of salary payment or the payment less than the minimum, the absence of the official recoupment from salary due the shadow employment, payment the part of the salary «in an envelope». The authors have been analyzed the concept of equal payment for work of equal value and to identified the necessity of regulation the obligation of the employer to make gender-neutral evaluation of working places. In conclusions were identified the main reasons of a gender pay gap and suggested the ways to overcome them. Have been proved the necessity of ratification the ILO Convention No.173 in full for strengthen the guarantees regarding the wages in case of bankruptcy of the employer. Also have been established some declarative nature of national legislation of non-discrimination on the basis of gender in wages. References 1. ILO Convention № 95 on Protection of Wages Convention, 1949. URL: https://zakon.rada.gov.ua/laws/show/ 993_146 (in Ukrainian). 2. ILO Convention № 131 on the Establishment of a Minimum Wage, with Particular Regard to Developing Countries, 1970. URL: https://zakon.rada.gov.ua/laws/show/ 993_149 (in Ukrainian). 3. On remuneration: Law of Ukraine, 1995 with amended. URL: https://zakon.rada.gov.ua/laws/show/108/95-вр (in Ukrainian). 4. Data of the State Statistics Service of Ukraine «Salary arrears» as of 01.09.2019. URL: http://www.ukrstat.gov.ua (in Ukrainian). 5. Register of debtors on payment of salaries of the State Service of Ukraine for Labor. 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Vol. 2. pp. 65-68 (in Ukrainian). 11. Haievaia O.V. Some issues the regulation of remuneration abroad and in Ukraine. Problems of legality. 2016. № 134. pp. 103-111 (in Ukrainian). 12. Khaustova Y.B., Marіnchenko І.V. Salary problems in Ukraine and ways to solve them.International scientific journal. 2015. № 9. pp. 159-163 (in Ukrainian). 13. Marynych L.V. Legal excursion on the problem of reforming the remuneration institute. The forum of law. 2011. № 1. pp. 617-621 (in Ukrainian). 14. ILO Convention № 111 on Discrimination in Work and Occupation, 1958. URL: https://zakon.rada.gov.ua/laws/show/ 993_161 (in Ukrainian). 15. ILO Convention № 100 on Equal Remuneration for Men and Women for Work of Equal Value, 1951. URL: https://zakon.rada.gov.ua/laws/show/993_002 (in Ukrainian). 16. EU Labor Law: tutorial / І. Boruta, G. Chanysheva. Кyiv, 2004. 91 p. (in Ukrainian). 17. Guide to developing balanced working time arrangements. International Labour Office. Geneva, ILO, 2019. 48 p. URL: https://www.ilo.org/wcmsp5/groups/public/---ed_protect/---protrav/---travail/documents/publication/ wcms_706159.pdf 18. On Ensuring Equal Rights and Opportunities for Women and Men: Law of Ukraine, 2005. URL: https://zakon.rada.gov.ua/laws/show/2866-15 (in Ukrainian). 19. The Global Gender Gap Report 2018. World Economic Forum. URL: http://www3.weforum.org/docs/WEF_GGGR _2018.pdf 20. Shysha Marі-Tereza. A step-by-step guide to gender-neutral job evaluation to ensure equal pay. ILO, 2009. URL: http://www.un.org.ua/images/documents/4527/wcms_168926.pdf (in Ukrainian). 21. State Social Program for Ensuring Equal Rights and Opportunities for Women and Men for the Period up to 2021: Resolution of the Cabinet of Ministers of Ukraine № 273 of April 11, 2018. Official herald of Ukraine. 2018. № 33. Art. 1165 (in Ukrainian). 22. United Nations Millennium Declaration, approved by UN General Assembly Resolution 55/2 of 8 September 2000.URL: https://zakon.rada.gov.ua/laws/show/995_621 (in Ukrainian).
Keywords : ILO Conversations, the wages, the salary, the International Labour Standards, non-discrimination, gender segregation, the evaluation of working places