Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

Equal Remuneration Convention, 1951 (No. 100) - Costa Rica (Ratification: 1960)

Other comments on C100

Observation

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The Committee notes the Government’s reply to the observations made by the Confederation of Workers Rerum Novarum (CTRN).

Article 1(b) of the Convention. Equal remuneration for work of equal value. Legislation. The Committee has been referring for a number of years to article 57 of the National Constitution and section 167 of the Labour Code, which set out the principle of equal wages for equal work. The Committee notes that the Government’s report does not contain any new elements in this regard. The Committee once again reiterates that the concept of “work of equal value”, on which the Convention is based, includes but goes beyond equal remuneration for “equal”, “the same” or “similar” work, and also encompasses work that is of an entirely different nature, which is nevertheless of equal value (see the General Survey of 2012 on the fundamental Conventions, paragraph 673 et seq.). The Committee once again asks the Government to take the necessary measures to amend the legislation to give full legislative expression to the principle of equal remuneration for men and women for work of equal value and to provide information on any progress achieved in this respect. The Committee reminds the Government that it can request the technical assistance of the Office, if it so wishes.

Occupational sex segregation. The Committee notes that in its observations the CTRN indicated that, although women have a higher educational level, they have not been able to gain access to more and better job opportunities or better wages, and that there exists a high level of occupational segregation, which is demonstrated, for example, by the fact that 20 per cent of women and less than 3 per cent of men are employed in domestic service and approximately 12 per cent of women and 4 per cent of men are employed in the education sector. The Committee notes the Government’s information on training activities for women on work and jobs traditionally undertaken by men. The Government nevertheless adds that occupational segregation is a response to circumstantial and cultural elements and that the Decree on minimum wages determines wages irrespective of the sex of those employed. The Committee noted in its previous observation the occupational profiles which, according to the Government, involved the grouping of various occupations into 23 categories, which are then subdivided into unskilled, semi-skilled and skilled. The Committee notes that the Government reiterates that these occupational profiles have been developed based on objective criteria and grouping together a broad range of occupations. The Government indicates that it is not yet able to determine the distribution of men and women for each occupational profile. The Committee notes the statistical data provided by the Government, which demonstrates the existence of occupational segregation, with most women being engaged in the commercial, teaching and services sectors. The Committee recalls that historical attitudes towards the role of women in society, along with stereotypical assumptions regarding women’s aspirations, preferences and capabilities and “suitability” for certain jobs, have contributed to occupational sex segregation within the labour market, with women being concentrated in certain jobs and certain sectors of activity. These views and attitudes also tend to result in the undervaluation of “female jobs” in comparison with those of men who perform different work and use different skills, when determining wage rates (see the General Survey of 2012, paragraph 697 et seq.). The Committee asks the Government to provide a copy of the occupational profiles, and the categories of jobs included in each profile, as well as information on the average wage received for each occupational profile. The Committee once again asks the Government to provide examples of cases in which the Ministry of Labour and Social Security has placed private sector workers in wage categories.

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