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Equal Remuneration Convention, 1951 (No. 100) - Brazil (RATIFICATION: 1957)

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The Committee notes the observations of: (i) the Single Confederation of Workers (CUT) received on 2 September 2022; and (ii) the International Organisation of Employers (IOE) and the National Confederation of Industry (CNI) received on 30 August 2022. The Committee requests the Government to provide its comments with respect to the observations of the CUT.

Article 2(2)(b) of the Convention. National minimum wage. The Committee welcomes the adoption of Law No. 14.358 of 1 June 2022 which increases the rate of the minimum wage at BRL 1,212 (compared to BRL 954 in 2018). It notes however that, in 2019, the Brazilian Institute of Geography and Statistics (IBGE) estimated that approximately 60 percent of workers had incomes below the minimum wage. The Committee considers that, as women predominate in low-wage employment, and a uniform national minimum wage system helps to raise the earnings of the lowest paid, it has an influence on the relationship between men’s and women’s wages and on reducing the gender pay gap (see 2012 General Survey on the fundamental Conventions, paragraphs 682-685). The Committee asks the Government to provide information on :

(i)the measures taken to ensure the effective enforcement of the national minimum wage as well as any obstacles encountered in practice in particular in sectors in which women predominate; and
(ii)statistical information on the percentage of women and men who are paid the national minimum wage.

Articles 2(2)(c) and 4. Collective agreements and cooperation with social partners. The Committee notes the Government’s indication, in its report, that collective bargaining is widely used for setting minimum wages and determining levels of remuneration for occupational categories while taking into consideration regional disparities and local context. Recalling the important role of workers’ and employers’ organizations, the Committee asks the Government to provide information on:

(i)any provisions of collective agreements supporting the implementation of the principle of the Convention; and
(ii)any other measures taken to promote, in cooperation with the social partners, the principle of equal remuneration for men and women for work of equal value.

Article 3. Objective job evaluation. The Committee notes with regret the repeated lack of information provided by the Government on the promotion and use of objective evaluation methods. In light of the persistent gender pay gap and lack of legislative provisions fully reflecting the principle of the Convention and referring in this regard to its observation, the Committee wishes to draw the Government’s attention to the fact that the effective implementation of the principle of the Convention requires some method of measuring and comparing the relative value of different jobs held by men and women, through an examination of the respective tasks involved, undertaken on the basis of entirely objective and non-discriminatory criteria, such as skills, effort, responsibilities and working conditions, in order to avoid the assessment being tainted by gender bias (see 2012 General Survey on the fundamental Conventions, paragraph 695). The Committee again asks the Government to provide information on the measures taken to promote, develop and implement practical approaches and methods for the objective evaluation of jobs, in both the public and private sectors, based on criteria that are free from gender bias, such as qualifications and skills, effort, responsibilities and conditions of work.

Monitoring and enforcement. The Committee notes that section 461(6) of Consolidation of Labour Laws (CLT), as amended by Law No. 13.467 of 2017, establishes a penalty of a fine for cases of pay discrimination based on sex or ethnicity. It further notes that, in their observations, the CNI and the IOE consider that such mechanism constitues a remedial measure, which together with the other national practices implemented, ensures that companies are concerned about non-discriminatory treatment. The Committee notes that a Bill (P.L. 10.158/2018) is being examined to further amend section 461 of the CLT in order to enable: (1) the labour inspectorate to directly impose an administrative fine on employers in case of pay discrimination; and (2) the Ministry of Labour to elaborate and publish a list of employers where pay discrimination has been observed. The Committee welcomes the summary information provided by the Government on several judicial decisions related to the principle of the Convention handed down in 2019 and 2021. It observes however that, as acknowledged by the Government, the initial onus of proof for demonstrating that functions performed are identical is on the worker, and then secondly, in response, the employer would explain why remuneration is not equal. The Committee asks the Government to provide information on:

(i)any proactive measures taken in order to raise public awareness of the principle of the Convention, and of the procedures and remedies available;
(ii)the number of labour inspections carried out and pay inequality cases between men and women dealt with by the competent administrative and judicial authorities, the sanctions imposed and remedies granted;
(iii)any measures envisaged to consider the possibility of shifting the burden of proof in pay inequality cases once the plaintiff has provided prima facie and plausible evidence of pay inequality; and
(iv)any progress made in the adoption of the Bill (P.L. 10.158/2018) with a view to amending section 461 of the Consolidation of Labour Laws.

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Articles 1–4 of the Convention. Assessing and addressing the gender pay gap and its underlying causes. The Committee notes that, according to the Brazilian Institute of Geography and Statistics (IBGE), the gender pay gap has decreased slightly since 2017 but remains high, being estimated at 22.3 per cent in 2019 (compared with 22.5 per cent in 2017). The remuneration of women was systematically lower than that of men in all occupational categories, except for members of the armed forces, and the gender pay gap was as wide as 38.1 per cent in management positions, in 2019. The Committee notes the Government’s indication that efforts are being made in relation to higher positions, where pay differences between men and women are still very large and women are still facing difficulties in accessing such positions. In that regard, the Committee notes that, in their observations, the CNI and the IOE indicate that in recent years, public policies combined with efforts from the private sector have resulted in an increased participation of women in the formal economy, more particularly in positions and economic sectors with higher pay, and their departure from informal work characterized by low remuneration. The Committee notes this information but regrets the lack of information provided by the Government on the concrete measures elaborated and implemented to address the persistent gender pay gap. The Committee asks the Government to strengthen its efforts to address the gender pay gap and its underlying causes, including by enhancing women’s access to jobs with career prospects and higher pay. It also asks the Government to provide information on: (i) the content of the proactive measures taken and implemented to that end and their outcomes; and (ii) the levels of remuneration in the various economic sectors, disaggregated by sex and occupational category, so as to enable the Committee to assess the progress made.

Articles 1(b) and 2(2)(a). Equal remuneration for work of equal value. Legislation. The Committee notes that section 461 of the Consolidation of Labour Laws (CLT), as amended by Law No. 13.467 of 2017, guarantees the right to equal remuneration without discrimination on the grounds of sex, ethnicity, nationality or age to workers “performing the same functions, for all work of equal value, rendered to the same employer, in the same business establishment”. Section 461(1) further defines “work of equal value” as work “performed with the same productivity and technical perfection, among people working for the same employer with a difference of length of years of service for that employer of not more than four years and with a difference of length of tenure in the post of not more than two years”. The Committee notes the Government’s statement, in its report, that section 8 of Decree No. 9.571, of 21 November 2018, establishing the National Guidelines on Business and Human Rights, provides that companies should address discrimination and “ensure equal pay and benefits for positions and functions with similar attributions, regardless of gender”. The Government adds that a “Questions and Answers Booklet on Discrimination at Work” was published in 2018 by the Ministry of Labour and provides as an example of direct discrimination the payment of a lower salary to women “when the functions are identical and the service is provided for the same employer in the same establishment”. In this context, the Committee wishes to draw the Government’s attention to the fact that the provisions contained in its national legislation are narrower than the principle laid down by the Convention. The concept of “work of equal value” encompasses not only the same work, or work in the same occupation or activity, performed by men and women under the same conditions and specifications, but should also allow for the comparison of work performed by men and women that is of an entirely different nature, which is nevertheless of equal value. Furthermore, the application of the principle of equal remuneration for work of equal value is not limited to comparisons between the jobs of men and women in the same establishment or with the same employer. It allows for a much broader comparison to be made between jobs performed by men and women in different places or enterprises, or for different employers. The Committee also emphasizes that, while factors such as skills, responsibility, effort and working conditions are clearly relevant in determining the value of the jobs, when examining two jobs, it is important to note that the value does not have to be the same with respect to each factor – determining value is about the overall value of the job when all the objective factors are taken into account. In this regard, it wishes to point out that, for the purpose of the Convention, the relative value of jobs with varying content is to be determined through objective job evaluation on the basis of the work performed and is different from performance appraisal, which aims at evaluating the performance of an individual worker in carrying out his or her job. Objective job evaluation is therefore concerned with evaluating the job and not the individual worker. The Committee therefore underlines that factors such as “productivity” and “technical perfection” relate to the performance appraisal of the individual worker rather than to objective job evaluation (see the 2012 General Survey on the fundamental Conventions, paragraphs 673–679 and 695–709). The Committee urges the Government to take the necessary steps to amend the Consolidation of Labour Laws (CLT), so as to give full legislative expression to the principle of the Convention and include a definition of “work of equal value” based on objective criteria, such as skills and qualifications, effort, responsibilities and working conditions. It asks the Government to provide information on any steps taken in this regard and their outcomes.

The Committee is raising other matters in a request addressed directly to the Government.

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The Committee notes the observations of the National Confederation of Industry (CNI), received on 29 August 2017, of the International Organisation of Employers, received on 1 September 2015 and 31 August 2017, and of the Federal Council of Medicine (CFM), received on 29 January 2015 and 5 November 2015, as well as the Government’s reply, received on 5 November 2015.

Gender pay gap. The Committee notes the Government’s indication in its report that the gender pay gap (average real remuneration) fell from 27.69 per cent in 2009 to 25.83 per cent in 2014. The average remuneration of men was higher than that of women in all sectors in 2013, except for construction, but that the difference has been decreasing. When taking into account remuneration from formal work only, the Committee notes that the gender pay gap has remained virtually unchanged since 2002 (17.66 per cent in 2002 to 17.65 per cent in 2013). According to the Government’s report, the gender pay gap is particularly wide among highly educated workers. The Government also indicates that 8.5 per cent of women (compared to 4.7 per cent of men) were in unpaid work and that 18 per cent of economically active women were in domestic work. The Committee also notes the statistical data provided by the Government in its report under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), according to which the gap in the average income of “black women” compared to that of “white men” was 49.16 per cent in 2013. With regard to the measures adopted to reduce the pay gap between men and women, the Government underlines that the policies implemented to increase the minimum wage led to a rise in the average remuneration of women. The Committee notes the information provided by the Government on the activities undertaken by the Ministry of Labour and Employment to improve the rights of domestic workers. The Government also reports on measures adopted by the Secretariat for Women’s Policies (SPM) to address gender stereotypes in vocational training and education and capacity-building initiatives to promote women’s economic empowerment and entrepreneurship. While noting this information, the Committee draws the Government’s attention to the fact that the continued persistence of significant gender pay gaps requires governments, along with employers’ and workers’ organizations, to take more proactive measures to raise awareness, make assessments and promote and enforce the application of the principle of equal remuneration for men and women for work of equal value. The Committee therefore requests the Government to continue to supply detailed information on the measures taken or envisaged to address more effectively the structural causes of the gender pay gap and to promote the principle of the Convention, including information on the impact in practice of the activities undertaken by the Secretariat of Women’s Policies in narrowing the gender pay gap. It asks the Government to continue to provide detailed statistical information on the levels of remuneration in the various economic sectors, disaggregated by sex, occupational category and, if possible, by colour and race, so as to enable the Committee to assess the progress made.

Article 1 of the Convention. Equal remuneration for work of equal value. Legislation. The Committee notes the observation of the CNI and by the IOE indicating that a new Law (No. 13.467/2017) has been adopted to amend the Consolidation of Labour Laws (CLT). The Committee notes that the amended section 461 of the CLT guarantees the right to equal remuneration without discrimination on the grounds of sex, ethnicity, nationality or age to workers “performing the same functions, for all work of equal value, rendered to the same employer, in the same business establishment”, and that paragraph (1) of this provision defines work of equal value as work “performed with the same productivity and technical perfection, among people working for the same employer with a difference of length of years of service for that employer of not more than four years and with a difference of length of tenure in the post of not more than two years”. The Committee also notes the Government’s indication that four Bills are still being considered by the national Senate and Congress. These Bills cover the promotion of equality (No. 6653/2009), equal opportunities and treatment for women in employment (No. 136/2011), combating unequal remuneration between women and men (No. 130/2001) and prohibiting unequal pay for equal work, including by establishing monitoring and enforcement mechanisms (No. 371/2000). Furthermore, the Committee recalls its previous comment on the draft Bill on equal opportunities and treatment for women in employment. In this context, the Committee recalls that the concept of “work of equal value” under the Convention encompasses not only the same work, or work in the same occupation or activity, performed by men and women under the same conditions and specifications, but should also allow for the comparison of work performed by men and women that is of an entirely different nature, which is nevertheless of equal value (see General Survey of 2012 on the fundamental Conventions, paragraphs 673–679). The Committee also points out that the application of the principle of equal remuneration for work of equal value is not limited to comparisons between men and women in the same establishment or with the same employer. Ensuring a broad scope of comparison is essential for the application of the principle given the continued prevalence of occupational sex segregation (see General Survey of 2012, paragraph 697). Noting that section 461 of the CLT, as amended by Law No. 13.467/2017, contains provisions that are narrower than the principle laid down by the Convention, the Committee asks the Government to give full legislative expression to the principle of equal remuneration for men and women for work of equal value, so as to address situations where men and women perform not only the same or equal work to the same employer, in the same business establishment, with the same productivity and technical perfection, but also different work that is nevertheless of equal value. The Committee asks the Government to provide information on the steps taken in this regard, as well as to continue providing information on the progress made in the adoption of the above draft Bills and to ensure that they also give full legislative expression to the principle of equal remuneration for men and women for work of equal value.

Article 3. Objective job evaluation. The Committee notes the Government’s indication that targets have been set for reducing the gender pay gap. The Committee notes however that the Government’s report contains no information on the promotion and use of objective job evaluation methods. The Committee recalls that measures for the objective evaluation of jobs can be adopted at the enterprise, sectoral or national level, in the context of collective bargaining, as well as through national wage-fixing mechanisms. The Committee reiterates its request for information on any steps taken to promote, develop and implement practical approaches and methods for the objective evaluation of jobs with a view to effectively applying the principle of equal remuneration for men and women for work of equal value.

Enforcement. With reference to its previous request for information on violations detected by labour inspectors under section 461 of the CLT, as well as on capacity building for labour inspectors, judges and other officials, the Committee notes from the Government’s report under Convention No. 111 that the labour inspectorate identified 354 cases of discrimination on the grounds of sex, ethnic origin, race, colour, civil status, age or family situation between January 2013 and June 2015. The Government also took measures to register offences concerning pay discrimination on the basis of each of those grounds, although detailed information on the nature of the violations is not yet available. The Government also indicates that steps have been taken to increase the number of labour inspectors in all regions. The Committee reiterates its request to the Government to provide information on the nature of the violations detected by labour inspectors, the sanctions imposed and copies of decisions by the competent administrative or judicial bodies. It asks the Government to continue providing information on the steps taken to increase the capacity of labour inspectors, judges and other relevant officials to ensure equal remuneration between women and men.

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Gender pay gap. The Committee notes from the Government’s report that, although the gender pay gap (average real remuneration) decreased slightly from 17.3 per cent in 2010 to 17.2 per cent in 2011, it has remained virtually unchanged since 2002 (17.66 per cent). The pay gap is particularly wide among highly educated workers. The figures also indicate that the average remuneration of men was higher than women’s average remuneration in all sectors in 2011, except for construction and extractive industries. With regard to measures adopted to reduce the pay gap between men and women, the Committee notes the information provided by the Government on the activities undertaken by the Secretariat for Women’s Policies (SPM) with a view to addressing gender stereotypes in vocational training and education, and promoting women’s participation in male-dominated fields of study, such as science, engineering and information technology. The Government also indicates that the SPM, in cooperation with local government institutions and civil society representatives, has developed and implemented a number of capacity-building initiatives to promote women’s economic empowerment and entrepreneurship. While noting this information, the Committee once again draws the Government’s attention to the fact that the continued persistence of significant gender pay gaps requires governments, along with employers’ and workers’ organizations, to take more proactive measures to raise awareness, make assessments and promote and enforce the application of the principle of equal remuneration for men and women for work of equal value. The Committee requests the Government to supply detailed information on the measures taken or envisaged to address more effectively the structural causes of the gender pay gap and to promote the principle of the Convention, including information on the impact in practice of the activities undertaken by the Secretariat of Women’s Policies in narrowing the gender pay gap. Please also provide information on the following:

(i) the relevant measures adopted under the second National Plan for Women’s Policies;
(ii) the relevant measures adopted by the Tripartite Committee on Equality of Opportunity and Treatment for Gender and Race at Work (CTIO) and examples of collective agreements which incorporate the principle of equal remuneration for work of equal value;
(iii) the relevant measures taken by the National Committee for Equality of Opportunities on the basis of Gender, Race, Ethnic Origin, for Persons with Disabilities and to Combat Discrimination; and
(iv) the relevant measures taken in the context of the programme of the Ministry of Employment “Promoting equality of opportunity for all”.

The Committee asks the Government to continue to provide statistical information on the levels of remuneration in the various economic sectors, disaggregated by sex, occupational category and, if possible, by colour and race, so as to enable the Committee to assess the progress made.

Article 1 of the Convention. Equal remuneration for work of equal value. Legislation. The Committee notes from the information provided by the Government in its report under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), that a Bill on equal opportunities and treatment for women in employment (No. 136/2011) is currently being considered by the Senate commission for social affairs. The Committee also notes that, according to section 2(I) of the draft Law, discrimination against women includes “lower remuneration for the same occupation or activity”. In this connection, the Committee recalls that the concept of “work of equal value” under the Convention encompasses not only the same work, or work in the same occupation or activity, performed under the same conditions and specifications, but should also allow for the comparison of work that is of an entirely different nature, which is nevertheless of equal value (see General Survey on fundamental Conventions, 2012, paragraphs 673–679). The Committee asks the Government to provide information on of the progress made in the adoption of the Bill on equal opportunities and treatment for women in employment, and asks the Government to ensure that it gives full legislative expression to the principle of equal remuneration for men and women for work of equal value.

Article 3. Objective job evaluation. Recalling the importance of promoting the use of objective job evaluation methods in order to establish whether different jobs are of equal value and thus entitled to equal remuneration in compliance with the provisions of the Convention, and noting that the Government’s report contains no information on this subject, the Committee reiterates its request for information on any steps taken to promote such methods.

Parts III and IV of the report form. Enforcement. The Committee notes the Government’s indication that 161 cases of wage discrimination under section 461 of the Consolidation of the Labour Laws (CLT) have been registered by the labour inspectorates between April 2011 and May 2013. Recalling that section 461 of the CLT prohibits wage discrimination based on age, sex or nationality, the Committee asks the Government to provide detailed information on the nature of violations detected by labour inspectors under section 461, indicating how these cases were settled and providing, where possible, copies of the decisions handed down by the competent administrative or judicial bodies. The Committee also asks the Government to provide information on any steps taken to increase the capacity of labour inspectors, judges and other relevant officials to identify and address unequal remuneration, as provided for in the Convention, and to continue to provide information on any violations of the principle of equal remuneration for men and women for work of equal value reported to or detected by the labour inspection services, including the sanctions imposed and remedies provided.

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Gender remuneration gap. The Committee notes from the detailed report provided by the Government that the remuneration gap between men and women for work of equal value has not changed and remains at 17.3 per cent. The Committee notes from the information provided by the Government that, although there has been a considerable increase in the rate of formal employment, in general the participation rate of women in the labour market continues to be over 20 per cent lower than that of men. In this respect, the Committee observes that, according to the information provided, women of African origin continue to be those most affected, particularly by unemployment and the informal economy, even though in 2010 there was a greater increase in their labour market participation than for men of African origin (6.5 compared with 3.1 per cent).

The Committee notes that the Government has provided copies of the equality plans and programmes that it has adopted, some of which have already been examined by the Committee. It has also provided information on the various measures and activities undertaken. Nevertheless, the Committee observes that the Government has not provided specific information on the concrete measures and activities undertaken in the context of the plans and programmes adopted with a view to the application of the principle of equal remuneration for men and women for work of equal value and to reducing the existing wage gap. In this respect, while recalling that it has been requesting this information for many years, the Committee observes that the continued persistence of significant gender pay gaps requires governments, along with employers’ and workers’ organizations, to take more proactive measures to raise awareness, make assessments and promote and enforce the application of the principle of equal remuneration for men and women for work of equal value. Collecting, analysing and disseminating this information is important in identifying and addressing inequality in remuneration (see the General Survey on fundamental Conventions, 2012, paragraph 669). The Committee once again asks the Government to supply detailed information on the specific measures adopted to promote the principle of the Convention and their impact in reducing the remuneration gap between men and women, including information on the following:

(i) the relevant measures adopted under the second National Plan for Women’s Policies;
(ii) the relevant measures adopted by the Tripartite Committee on Equality of Opportunity and Treatment for Gender and Race at Work (CTIO) and examples of collective agreements which incorporate the principle of equal remuneration for work of equal value;
(iii) the relevant measures taken by the National Committee for Equality of Opportunities on the basis of Gender, Race, Ethnic Origin, for Persons with Disabilities and to Combat Discrimination; and
(iv) the relevant measures taken in the context of the programme of the Ministry of Employment “Promoting equality of opportunity for all”.

Article 3 of the Convention. Objective job evaluation. Noting that the Government’s report does not contain specific information on this subject, the Committee once again recalls that, in order to give full effect to the principle of the Convention, it is important to use objective job evaluation methods which enable different types of jobs to be compared on the basis of entirely objective and non-discriminatory criteria so as to ensure that work predominantly performed by women is not undervalued and is paid at the same rate as work of equal value performed by men (see General Survey, 2012, paragraphs 695, 700–703). The Committee asks the Government to provide information on the steps taken to ensure and promote objective job evaluation.

Parts III to V of the report form. The Committee notes the Government’s indication that during the period 2009–11 labour inspectors only examined one case of wage discrimination. The Committee also observes that the court rulings provided do not refer specifically to the application of the principle of the Convention. The Committee asks the Government to continue providing information on reported violations of the principle of equal remuneration for men and women for work of equal value, on training programmes for labour inspectors and the judiciary on the principle of equal remuneration for work of equal value and on any relevant judicial or administrative decisions, as well as any violations reported to or detected by the labour inspection services, including the sanctions imposed and remedies provided.

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Wage gap. The Committee notes the statistical information supplied by the Government, which reveals that differences in wages between men and women still exist. In particular, the Committee notes that in 2008 the average wage for women was 82.7 per cent of the wage for men. The Committee also notes that the wage gap is even greater with respect to women of African extraction. Furthermore, the Committee notes that, if men and women who have completed higher education are taken into account, the wage gap is more than 40 per cent.

The Committee notes that the information supplied by the Government, with regard to the action undertaken in the context of Brazil’s Decent Work Country Programme, does not make any reference to specific measures to promote the application of the principle of equal remuneration for men and women for work of equal value or to reduce the existing gender pay gap. Moreover, the Committee notes that the report generally contains no information on specific measures adopted in relation to equal remuneration, including the various initiatives noted by the Committee in its previous comments. The Committee therefore urges the Government to supply detailed information in its next report on the specific steps taken to promote the principle of the Convention and its impact on reducing the gender pay gap, including information on the following:

(i) relevant measures adopted under the second National Plan for policies for women;

(ii) measures taken by the Tripartite Committee on equality of opportunity and treatment of gender and race at work and examples of collective agreements which incorporate the principle of equal remuneration for work of equal value;

(iii) action taken by the Committee on equality of opportunity of gender, race, ethnicity, persons with disabilities and combating discrimination; and

(iv) measures taken in the context of the Ministry of Employment’s programme entitled “Promoting equal opportunities for all”.

The Committee also asks the Government to continue to supply statistical information on levels of remuneration for men and women in the various sectors of activity, disaggregated by occupational category, post and, if possible, by colour and race, in order to enable the Committee to evaluate the progress made. The Committee also refers to its comments on the application of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111).

Article 3 of the Convention. Objective job evaluation. The Committee refers the Government to its general observation of 2006 on the Convention and reminds it that, in order to give full effect to the principle of the Convention, it is important to use objective job evaluation methods which enable different types of jobs to be compared on the basis of entirely objective and non-discriminatory criteria so as to ensure that work predominantly performed by women (“female jobs”) is not undervalued and is paid the same as work of equal value performed by men. The Committee asks the Government to supply information on the steps taken to ensure and promote objective job evaluation.

Parts III to V of the report form. The Committee notes that the units to promote equal opportunities and combat discrimination were replaced by Regional Committees on equal opportunities of gender, race, persons with disabilities and combating discrimination. It also notes that training activities for labour inspectors were carried out in the context of Conventions Nos 100 and 111. The Committee asks the Government to supply information on reported violations of the principle of equal remuneration for men and women for work of equal value brought before the regional committees referred to above, and also on their results and on any relevant court or administrative decisions. It also asks the Government to provide information on any violations of the principle of the Convention reported by the labour inspection services, penalties imposed and remedies provided.

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The Committee notes that the Government’s most recent reports of 2007 and 2008, although containing elements on the application of the Convention, do not reply to the questions asked by the Committee. The Committee therefore asks the Government once again to provide full information in its next report on the questions raised in its previous direct request, which read as follows:

1. The Committee notes with interest that Brazil’s Decent Work Country Programme includes effective application of the Convention among its objectives. Please provide information on the measures taken to achieve this objective and on their impact.

2. The Committee notes the detailed statistical information showing that the wage differentials between men and women mentioned in its previous comments have been maintained. It also notes that, according to the Government, apart from enforcement of the law, the best means for applying the principle of equal remuneration for men and women is negotiation. The Government’s report indicates, however, that although most collective agreements contain clauses that are favourable to women, only 1 per cent of them refer to equality between men and women. The Committee further notes that at the last ordinary meeting of the Tripartite Committee on Equality of Opportunity and Treatment of Gender and Race at Work, the employers and workers gave presentations on positive measures undertaken, and that these were to be published at the end of 2005. Please continue to provide information on the activities of the Tripartite Committee, indicating in particular the manner in which the Government, in consultation with the social partners, is promoting the use of collective agreements to secure application of the principle of the Convention.

3. The Committee notes that the Minister of Labour is using statistics to combat discrimination against women in employment and occupation and that a plan has been launched in Brasilia to implement the “promotion of equal opportunities for all” programme, targeting the financial sector. In the second half of 2005, the programme was to be extended countrywide. In Brasilia, there were meetings with representatives of banks who undertook to work for the elimination of existing discrimination. Please provide information on the outcome of the abovementioned plan together with any other relevant information on activities conducted to improve the application of the principle of the Convention.

4. With regard to the number of complaints investigated by the units set up to promote equal opportunities and treatment in the regional labour departments, the Committee notes that 154 cases were dealt with in 2004. The Committee asks the Government to state what percentage of these are relevant to the application of the Convention, indicating how these cases were settled and providing, where possible, copies of the decisions handed down by the competent administrative or judicial bodies.

5. With reference to point 3 of its previous direct request, the Committee again asks the Government to provide information on the impact of the measures taken to promote the application of the Convention, particularly in the public sector. The Committee hopes that the Government will provide more specific replies in its next report and that in presenting its information it will follow the questions raised by the Committee in its comments.

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The Committee notes that the Government’s report contains no reply to its previous comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

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The Committee notes the information provided by the Government in its reports, which include statistical data and a court decision.

1. The Committee notes the information provided by the Government indicating that there continues to be a wage gap, albeit reduced, between men and women, although it is more accentuated for black or mulatto women, who earn on average 60 per cent of the wages of white men. It also notes that the percentage of women earning the minimum wage (24.7 per cent) is greater than that of men (17 per cent) and that 75 per cent of the highest-paid workers, earning more than 20 times the minimum wage, are men. In addition, it notes that the percentage of women who work fewer than 40 hours a week is twice that of men.

2. The Committee notes that, according to the Government’s report to the Committee on the Elimination of All Forms of Discrimination Against Women (CEDAW), included in document CEDAW/C/BRA/1-5 of 7 November 2002, for 2002, among workers with schooling in San Pablo, white men earned approximately 6.30 reales an hour; black men and white women earned on average 4.5 reales, and black women 2.92 reales. It also includes statistical information indicating that the percentage of women employed in sectors such as the provision of services and social assistance, in which the wages are normally lower than in other sectors and where there is a major concentration of women, (30.2 per cent and 17.2 per cent of all active women, respectively), is higher than that of men (12.4 and 3.9 per cent, respectively). With reference to its previous comments, the Committee once again asks the Government to provide updated statistical information on the distribution of men and women in the various jobs and levels of the public administration.

3. The Committee asks the Government to provide information in its next report on the results achieved by the measures adopted to improve women’s access to higher paid jobs in both the private and public sectors, to equalize remuneration levels and hours of work with men; and to overcome the occupational segregation, particularly with respect to black and mulatto women.

4. The Committee notes with interest the adoption of Act No. 10.244 of 27 June 2001 repealing section 376 of the Consolidation of Labour Laws (CLT) which prohibited women from working overtime.

5. With reference to Article 3 of the Convention on the adoption of measures to promote the objective appraisal of jobs, the Committee asks the Government to provide information on the activities that are being adopted for this purpose in the private sector and for their application in the public sector. The Committee also reiterates its request for information on the existence of clauses in the collective agreements guaranteeing equal remuneration for men and women. It further repeats its request for information on the number and types of industries in which collective agreements are being negotiated and the percentage of agreements which include clauses guaranteeing the application of the principle of the Convention.

6. The Committee would be grateful if the Government would provide information on the number of complaints that have been investigated coming from units, established to promote equality of opportunity and combat discrimination in regional labour departments, reporting violations of the principle of equal remuneration for men and women for work of equal value, as well as for violations of Act No. 9799 of 26 May 1999 prohibiting gender from being used as a factor in the determination of remuneration.

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The Committee notes the information contained in the Government’s report, including the statistical information supplied.

1. The Committee notes with interest that Bill No. 382-B/91 was adopted by the Brazilian Congress and promulgated as Act No. 9.799 of 26 May 1999. It notes particularly that section 373(A)(III) of the Act prohibits, inter alia, a person’s sex from being used as a determining factor for purposes of remuneration. It notes further that section 401(B) of the Act provides for an administrative fine of ten times the highest wage paid by the employer, as well as a ban precluding the employer from obtaining loans or financing from official financial institutions, in the event of violation of section 373(A)(III). The Committee would be grateful if the Government would keep it informed in respect of the application of the Act and the results achieved relevant to the Convention.

2. The Committee notes with interest that, although the average earnings for women workers in Brazil remain below the level of their male counterparts, the statistical data supplied indicate that the male-female earnings gap has declined in the years between 1993 and 1999. The Government indicates that women’s average earnings rose from 62.6 per cent of male earnings in 1995 to 69.1 per cent in 1999. Further, between 1993 and 1999, the earnings of female workers rose at almost double the national average, with women’s average earnings increasing by 43.3 per cent compared with a national average earnings increase of 24.3 per cent. Women’s participation rate in the labour market also increased, rising from 38.8 per cent in 1993 to 40.4 per cent in 1999. The Committee requests the Government to continue to supply information in its future reports, including statistical data on the male-female earnings differential.

3. Referring to its previous comments regarding the existence of vertical occupational segregation between women and men employed in the government sector, the Committee reiterates its request that the Government indicate the measures adopted or envisaged to promote and secure the equal access of men and women to higher-level posts in the government sector, including equal access to vocational training. Please also provide updated statistics in the next report on the distribution of men and women in the different jobs and at the different levels of the public administration.

4. The Committee notes from the report that the statistics available to the Ministry of Labour and Employment’s Labour Relations Secretariat show a marked increase in the number of collective agreements concluded in Brazil in recent years. While the Government indicates that no systematic analysis has been made of the content of such agreements, the Committee would appreciate receiving information regarding any measures taken or contemplated to include clauses in those agreements ensuring equality of remuneration between men and women. Further, in light of the new Collective Bargaining Statistics System (SENC) available to the Labour Relations Secretariat, the Committee reiterates its request that the Government supply the fullest information available regarding the number and types of industries concluding collective bargaining agreements and the percentage of those agreements which include clauses securing the application of the principle of equal remuneration for men and women workers for work of equal value.

5. The Committee notes with interest the establishment within the Regional Labour Departments of Units to Promote Equality of Opportunity and to Combat Discrimination, whose mandate includes promoting the application of the principle of equal remuneration. Referring to its comments under Convention No. 111, the Committee would be grateful if the Government would provide information on the results of the operation of these units relevant to the application of the principle of the Convention.

6. The Committee also notes with interest the information provided regarding the increasing number of awareness-raising activities carried out in the context of the Brazil Gender and Race Programme, including the training events for multipliers who, in turn, have organized presentations on equality issues relevant to the application of Convention No. 100 as well as the Discrimination (Employment and Occupation) Convention, 1958 (No. 111). It notes with interest additional initiatives taken by the Government, including the establishment of the Volunteer Civil Service (to train young Brazilian men and women to act as multipliers and promote equality policies in the labour market), the guidelines for the National Occupational Qualification Plan (PLANFOR) for 1999-2002 (which provide for preferential access to training programmes for economically and socially vulnerable persons, including female heads of household), and activities designed to improve the gender dimensions of vocational training within PLANFOR. The Committee also notes that, during the reporting period, numerous activities were carried out by the Government and the social partners designed to raise awareness of equality issues, including a seminar held by the Central Unitario de Trabalhadores (CUT) in April 2001 on equal remuneration for men and women workers for work of equal value.

7. With regard to the enforcement activities of the Labour Inspectorate regarding violation of the principle of equal remuneration, the Committee notes with interest the information provided by the Government regarding the case brought by the Prosecutor’s Office in the State of Piauí against Empresa Pintos, Ltda., headquartered in Teresina, alleging pay discrimination against female workers (ACP No. 003/95). The Committee notes that the Conciliation and Trial Board in Teresina found pay discrimination in its ruling issued on 6 December 1995, and that the judgement was confirmed. The Committee notes that this decision represents the first of its kind in Brazil. It would be grateful if the Government would continue to supply information regarding any decisions relevant to the application of the Convention in its future reports.

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The Committee notes the Government's report and attached documentation, including the statistical information provided.

1. The Committee notes the Government's statement that Bill No. 382-B/91 will be included in the agenda for the next session of the Senate Committee on Justice and the Constitution (CCJ). This draft legislation addresses issues relative to women's access to the labour market and, inter alia, prohibits a person's sex from being used as a determining factor for purposes of remuneration. The Government's report indicates that Bill No. 382-B/91 will be considered by the CCJ contemporaneously with PLS 00147 of 1995, another proposed bill addressing women's access to the labour market. In this regard, the Committee would be grateful if the Government would continue to keep it informed of the status of this and any other proposed legislation relevant to the Convention and provide copies of any relevant laws as soon as they are enacted.

2. The Government indicates that differences remain with regard to the remuneration of men and women in Brazil. The statistical information provided by the Government reflects that women's average monthly salaries are lower than mens' in all sectors of economic activity. The Government's report also acknowledges that disparities between women and men exist with regard to their access to the Brazilian labour market. The Government states that this disparity is most evident in the construction and livestock breeding sectors, where men predominate. According to the report, the disparity is less in the commercial sector and is "almost non-existent" in the government sector, where objective recruitment criteria are applied through public competition for posts. Nonetheless, the Committee notes the information provided by the Government regarding vertical occupational segregation between women and men employed in the government sector. The Government indicates that women make up 45 per cent of the workforce in the government sector. While, however, there is greater gender-balance at lower-level positions, the greater the level of decision-making authority, the lower the percentage of women. According to the report, women occupy 29 per cent of management and supervisory positions at the DAS-4 level, 17 per cent of DAS-5 level positions and 14 per cent of posts at the DAS-6 level. The Committee recalls that the aim of eliminating discrimination between men and women in respect of remuneration for work of equal value cannot be reached in a satisfactory way unless national policy also aims at eliminating discrimination on the basis of sex in respect of access to the various levels of employment (see General Survey by the Committee of Experts on equal remuneration, ILO, 1986 in paragraph 100, citing paragraph 38 of the Committee's General Report of 1980). In this respect, please provide information on the manner in which the application of the principle of equal remuneration is promoted and ensured in Brazil, including information on progress made in the application of the principle by promoting and ensuring the access of women to the labour market and to higher-level posts in both the public and private sectors.

3. The Committee notes from the report that the parties to collective bargaining agreements have made it a priority to insert clauses in those agreements ensuring equality of remuneration between men and women. The Committee would be grateful if the Government would provide examples of such agreements and, where possible, statistical information regarding the number and types of industries concluding collective bargaining agreements and the percentage of those agreements which include clauses securing the application of the principle of equal remuneration for men and women workers for work of equal value.

4. The Government states that it is engaged in ongoing efforts to raise the awareness of female workers with regard to their rights in the workplace and that procedures have been established to address incidents registered by the Labour Inspectorate of alleged equal pay violations. The Government indicates that there are no pending complaints involving issues under the Convention. Further to its previous comments, the Committee requests the Government to continue to provide information on the number of offences registered by the Labour Inspectorate for violation of the principle of equal remuneration, and the number and the outcome of the cases tried. Further, in its 1996 report, the Government referred to a public civil action brought against Empresa Pintos, Ltda. in the State of Piauí for alleged equal pay violations (ACP No. 003/95). The Committee would be grateful if the Government would inform it of the outcome of the above-mentioned action and provide a copy of the final decision.

5. The Committee notes with interest the campaign "Brazil Gender and Race -- United for Equal Opportunity" coordinated by the Government to disseminate information in regional seminars on the principles of Conventions Nos. 100 and 111 to workers' and employers' organizations, non-governmental organizations and public institutions. The Committee also notes with interest the information provided by the Government regarding the establishment of regional labour agencies which are working with various national, state and municipal agencies as well as with the ILO to eliminate discrimination in all sectors of the labour market. The Committee would be grateful if the Government would continue to keep it informed of ongoing activities in this area, as well as on the activities of the Working Group for the Elimination of Discrimination in Employment and Occupation (GTEDEO).

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The Committee notes the Government's report and the detailed information it contains in reply to its comments.

1. With regard to the application of section 7(XX) of the 1988 Constitution, under which women workers are protected by specific incentives the Committee notes that draft regulations (some of which deal with remuneration) have been formulated but were set aside because of the presentation of other bills during the new legislative session, among which is Bill 382-B/91 on women's access to the labour market which, among other things, prohibits a person's sex being taken as a principal determinant for purposes of remuneration. In this regard, the Committee recalls that the aforementioned Bill was the subject of a comment in the November-December 1995 observation on Convention No. 111, which also noted that some of its sections had been superseded by other legal provisions. The Committee requests the Government to inform it on the present state of this Bill in the Federal Senate and whether it has been amended.

2. Similarly, the Committee notes that the supporting documents in the aforementioned Bill supply statistics apparently extracted from the National Household Sample Survey (PNAD) of 1987 and information from 1985 provided by the former Ministry of Labour and Social Welfare on the difference in remuneration between men and women, in both general and specific occupations. It requests the Government to supply recent statistical data on women's remuneration in the present labour market.

3. With regard to the matter of weaknesses of the labour inspection services and the alleged lack of women's knowledge of their rights, the Committee notes according to the information supplied by the Government, the Labour Inspectorate has been strengthened in recent months with the admission of a larger number of candidates who passed the recent public examination, bringing the total number of inspectors up to over 3,000 for the whole country. Apart from the State-level Inspectorate, a Mobile Inspection Team has been created, authorized to operate throughout the country and able to reach even the most distant areas in less than 48 hours. With these developments, the defects of the system are being gradually eliminated. The Government also indicates that the Inspectorate will endeavour to prevent practices and infringements such as a difference in remuneration according to sex which is an offence liable to an administrative procedure punishable by a fine and the initiation of a civil case. The Committee requests the Government to keep it informed on the number of cases tried for violation of the principle of equal remuneration for work of equal value and the number of these offences registered by the Labour Inspectorate.

4. On the question of raising women's awareness of their rights, the Committee notes with interest the awareness-raising campaign being undertaken among the social partners, with ILO support, on the importance of equality by means of a Working Group for the Elimination of Discrimination in Employment and Professional Life (GTEDEO), and the Government's efforts to approve a Bill on women's work. The Committee requests the Government to keep it informed on progress in the activities of this Working Group and on any legislation which is approved.

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The Committee notes the Government's report and the information which it contains in reply to its comments.

1. With regard to the application of section 7(XX) of the Constitution of 1988, under which women workers are protected by specific incentives, the Committee notes that draft regulations (some of which deal with remuneration) have been formulated and subsequently modified following various consultations and that they are now under discussion. The Committee would be grateful if the Government would supply copies of these texts once they are adopted, and in particular those governing remuneration. It also requests it to supply information on the effect given in practice to these provisions.

2. Further to its previous comments concerning the labour inspection services, the Committee notes that the Government recognizes the weaknesses of the labour inspection services and that it emphasizes the importance of the attitude of women workers in relation to their situation on the labour market and the types of discrimination to which they are sometimes subjected. The Government also states that trade unions have not given these matters sufficient priority and should endeavour to raise the awareness of women as to the need to promote their interests. The Committee notes that the State Council of Sao Paulo on the Situation of Women claims that the difference between the wages of men and women workers can be as much as 50 per cent, depending on the sector, and that, according to a recent survey, at the national level fewer than one-half of women workers receive wages which are in excess of twice the minimum wage, whereas the wages of 62.8 per cent of men exceed this level. The Committee notes that this Council intends to take action to increase the awareness of women workers of their rights by launching information campaigns.

The Committee notes that the Government deplores the decrease in the number of labour inspectors and therefore of inspection activities, which it is endeavouring to remedy in various ways (for example, by opening up public competitions for the appointment of labour inspectors). It also notes that measures are envisaged to improve the situation of women in employment, in particular as regards inequalities in remuneration. The Committee considers that, in order to determine the appropriate measures and implement them, the Government could usefully refer to Recommendation No. 90, which complements the Convention, and particularly Paragraphs 6 and 7, as well as to its 1986 General Survey on Equal Remuneration, particularly paragraphs 24 to 30, 180 to 198 and 250 to 262. The Committee requests the Government to keep it informed of developments in the situation in respect of the points raised above.

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1. The Committee has taken note of the reports supplied by the Government and of the attached texts received in 1990 and 1991.

2. With regard to the measures taken to apply section 7(XX) of the Constitution concerning specific incentives to protect female labour, the Committee notes the Government's statement that these have not been adopted but are under study. The Committee asks the Government to supply information about practical application and its results once the appropriate measures have been adopted.

3. With reference to its previous comments, the Committee takes note of the statistical data given in the annual report of the Labour Inspectorate for 1989, in which it is observed that the number of undertakings and workers inspected, the number of violations and the value of the fines levied are less than those for 1987. The Committee notes, however, that the Government has announced with regret a reduction in the number of labour inspectors for economic reasons. The Committee recalls that the National Confederation of Workers in Industry had drawn attention to the inadequate number of labour inspectors; it hopes that the Government will do what it can to improve the situation. The Committee asks the Government to continue supplying information about the progress achieved in that respect.

4. The Committee takes note of the statistical data on the average monthly incomes earned by male and female workers in 1988 in the various sectors of activity, in which it is found that the wages earned by female workers are lower than those earned by men in all sectors of activity. The Committee asks the Government to continue reporting on the measures taken or contemplated to remedy these wage differences.

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1. The Committee notes the Government's report.

2. The Committee notes with interest the new Constitution enacted on 5 October 1988, section 7(XX) of which, according to the Government's statement, introduces an important innovation by protecting women workers by means of specific incentives. The Committee requests the Government to supply information on the measures that have been taken to apply the above provision in practice and on the practical results obtained by its application.

3. With reference to its previous comments, the Committee notes the comments made by the National Confederation of Industry concerning the application of the principle of equal remuneration and the creation of the National Council for the Rights of Women (CNDM), which provides additional information on the law. The Committee also notes the comments made by the National Confederation of Industrial Workers, according to which the National Council for the Rights of Women has done much for women, but that the labour inspection services need to be improved. Indeed, the number of labour inspectors does not amount to one-third of those who are really necessary, due to the lack of support by the Government in allocating resources and the lack of labour inspectors who are specialised in the problems of women workers. The Committee also notes the Government's observations, transmitted in a communication dated 19 April 1989, on the comments made by the National Confederation of Industrial Workers. In this connection, the Committee notes the statistics included in the annual report for 1987 of the Labour Inspectorate and in the report for the first quarter of 1988 concerning the number of enterprises and workers that have been covered by inspection visits, the number of violations and the fines imposed. The Committee requests the Government to indicate whether it has considered it necessary to take measures to strengthen the Labour Inspectorate.

4. The Committee notes with interest the various publications supplied with the report concerning the work of the National Council for the Rights of Women which, according to the Government, describe the situation prior to the enactment of the new Constitution. The Committee requests the Government to continue supplying information on the activities of the CNDM to promote the application of the principle of equal remuneration for work of equal value and on complaints that are lodged in this connection. The Committee also notes the publication "Mulher e Trabalho: repensando a realidade" (Women and Work: re-examining the situation) and the statistical data on average monthly incomes for men and women workers in 1985 which show a concentration of women in the lower wage ranges and of men in the higher wage ranges. The Committee also notes the comments on page 6 of the above publication that "wage differences are greater at higher occupational levels". The Committee requests the Government to supply the corresponding statistics for more recent years showing how the situation has developed and to indicate the measures that have been taken or are envisaged to remedy this imbalance. In this respect it refers to the explanations given in paragraphs 22 and 23 and in paragraph 100 of its 1986 General Survey on Equal Remuneration.