Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Equal Remuneration Convention, 1951 (No. 100) - Colombia (Ratification: 1963)

Other comments on C100

Observation

Direct Request

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The Committee notes the observations of the National Employers Association of Colombia (ANDI), and those of the Confederation of Workers of Colombia (CTC), the Single Confederation of Workers of Colombia (CUT) and the General Confederation of Workers (CGT), communicated with the Government’s 2022 report. The Committee also notes the observations of the International Organisation of Employers (IOE), of 31 August 2022, in which it refers to the current legislative framework and various judicial decisions in the country.

Article 2 of the Convention. Community mothers. The Committee notes the Government’s indication in its 2018 report that, following the labour formalization measures adopted in 2013 and 2014, community mothers are covered by a labour relationship with the administrative bodies of the Community Households Welfare Programme and receive the minimum monthly statutory wage. It adds that, in the support contracts concluded by the Colombian Family Welfare Institute with these administrative bodies, the requirement is established for the latter to ensure labour relationships with the community mothers. The Committee notes this information.

Article 3. Objective job appraisal. The Committee notes the Government’s indication in its 2018 and 2022 reports that Bill No. 177/2014 to amend Act No. 1496 of 2011 on equal remuneration has been shelved. The Government also explains that: (1) another legislative proposal was submitted in 2018 to the Gender Subcommission of the Standing Commission for Consultation on Wage and Labour Policies (the text of which included, as elements for the appraisal of jobs, qualifications related to education, training and/or acquired experience, physical, mental and psychological effort, responsibilities exercised in relation to persons and resources, and the physical and psychological conditions under which the work is performed), but was not accepted; and (2) a meeting of the Gender Subcommission examined the importance of the establishment of objective criteria for the evaluation of jobs through regulations issued under the Act, and the possible economic and human resources implications that the objective appraisal of jobs could have in small and medium-sized enterprises. The Committee notes that the CGT, CTC and CUT indicate in their observations that the Government has not yet issued the decree required for its implementation and that it would be appropriate to include indicators that can objectively take into account experience, skills and effort in the work performed. In response to these observations, the Government indicates that in 2018 the Gender Subcommission decided to amend Act No 1496 of 2011 before issuing its regulations, as the objective evaluation criteria initially put forward were difficult to regulate. The Government considers that it is important to reactivate the Gender Subcommission in order to make progress in a tripartite context, and indicates in both its reports that work is progressing on the preparation of a proposal for a regulatory decree that takes into account objective factors for the determination of wages. The Committee requests the Government to provide detailed information on the progress made in the amendment of Act No. 1496 of 2011 and the preparation and adoption of its regulatory decree with a view to the establishment of objective criteria for the objective evaluation of jobs in accordance with the principle of the Convention.

Enforcement. The Committee notes the general information provided by the Government on the competences and powers of the labour inspection services in cases of discrimination, and the statistical data on the cases of discrimination examined. The Committee also notes the emphasis placed by the Government on the importance of strengthening the labour inspection services through the design of inspection tools, the allocation of resources and specialized capacity-building as one of the possible ways of resolving the wage gap. The Committee also notes that the CGT, CTC and CUT indicate in their observations that inspectors, unions and the committee mandated to prevent discrimination should have access to records of profiles, the attribution of responsibilities, functions and remuneration as set out in section 5 of Act No. 1496. The Committee once again requests the Government to provide information on any measures adopted to provide capacity-building and resources to the labour inspection services with a view to identifying cases of wage discrimination. It also requests the Government to provide any available information on cases of wage discrimination detected by labour inspectors which have been referred to the administrative and judicial authorities, and the action taken as a result.