Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the information provided by the Government in its report and the statistical data attached. It also notes the report prepared by the National Council of Women (SĺMUJERES - SIISE, 1997-2002).

1. In its previous comment, the Committee asked the Government to indicate whether it was considering amending section 79 of the Labour Code, which provides that "equal remuneration shall be paid for equal work", in order to bring it into conformity with article 36 of the Political Constitution, which sets forth the principle of equal remuneration for men and women workers for work of equal value. The Committee notes that the Government has not provided any information on this matter and would be grateful if it would do so in its next report.

2. The Committee notes the information provided in the report from the National Council of Women indicating the difficulties that women encounter in the labour market, in particular an unemployment rate that is twice that of men, occupational and sectoral segregation for women who are employed and lower remuneration than that of men for equivalent jobs.

3. The Committee notes that, according to the statistical information, women earn 73 and 84 per cent of the wages of men in the public and private sectors, respectively; only 28.47 per cent of women are employed in the private sector, compared with 71.53 per cent of men; only 19.61 and 21.66 per cent of the highest paid workers in the private and public sectors, respectively, are women. It also notes that in the social and health-care services, despite the fact that women account for 63.45 per cent of the total staff, they earn on average 59 per cent of the wages of men in the same services. The Committee asks the Government to provide information on the measures that have been adopted or are envisaged to increase the income of women in the private sector, to reduce the wage gap in both the public and private sectors and to reduce gender discrimination in the highest paid posts.

4. The Committee notes the information provided by the Government in its report indicating that it is in the process of revising the Civil Service and Administrative Careers Act, and that this will provide an opportunity to assess the procedures used for the selection and evaluation of public sector employees. The Committee trusts that the Government will continue to provide information on the manner in which gender bias is eliminated in these procedures and any impact this has on reducing wage differentials in the civil service.

5. The Committee notes the information provided by the Government in its report indicating that the National Wage Council (CONADES) and the National Council for Public Sector Remuneration (CONAREM) will organize workshops to promote and ensure the application to all men and women workers of the principle of equal pay for work of equal value. It also notes the information provided by the Government confirming the existence of the political will to review the existence of wage differences based on sex and stating that a gender unit may be created in the Ministry of Labour for this purpose. The Committee asks the Government to provide information on any progress made on these issues in its next report.

6. The Committee would be grateful if the Government would provide information in its next report on the activities carried out by the labour inspectorate and the Department of Labour Prevention of the Ministry of Labour and Human Resources to identify violations of the principle of equal remuneration for men and women workers for work of equal value.