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

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

Other comments on C100

Observation

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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.

Articles 1–4 of the Convention. Assessing and addressing the gender pay gap and its underlying causes, including occupational segregation. The Committee welcomes the statistical data provided by the Government in its 2018 and 2020 reports, which show that: (1) the gender income gap fell from 17.2 per cent in 2017 to 15.4 per cent in 2019, and to 8.7 per cent in 2021; (2) between 2015 and 2021, the economic activities in which most employed women work have not changed, and include commerce, healthcare and education; and (3) according to data for the years 2014 to 2021, the higher the educational level of women, the higher their labour market integration and the lower the wage gap. It further notes the Government’s explanation in its report that the gender wage gap must be understood as a multi-causal phenomenon that is not exclusively reduced to socio-economic variables or the work itself and is closely related to historical exclusions suffered by women in the past. The Committee notes that, in their observations the CGT, CTC and CUT provide various types of statistical data and indicate that: (1) in the context of the COVID-19 pandemic, women with the lowest levels of income from work were those most affected by the loss of their jobs; and (2) rural and migrant women, and those over 55 years of age, with lower educational levels, those in free relationships, or who are separated or divorced, living with minors in the household and those who recognize themselves as being indigenous are most affected by the wage gap.

With reference to measures to address the pay gap, the Committee notes the information provided by the Government on: (1) the Gender Parity Initiative, which seeks to increase the participation of women in the labour market and in leadership roles, and to reduce the wage gap; and (2) the preparation, within the context of the cooperation between Latin America and the European Union (EUROSOCIAL+), of an analytical study of gender wage gaps and of a technical good practice tool for gender equity in the workplace, to reduce wage gaps and gender bias. The CGT, CTC and CUT indicate in their observations that, since the adoption of Act No. 1496 in 2011, it is not known whether affirmative action has been taken in this regard with a positive outcome. The Committee also notes that the Government, and the IOE in its observations, recall the implementation of the EQUIPARES certification programme, which requires enterprises to establish objective methods for the determination of remuneration. The Committee requests the Government to take measures to reduce the persistent occupational segregation between men and women, and in particular to broaden the labour market opportunities of women and their capacity to progress and obtain promotion in their respective occupations. The Committee also requests the Government to provide detailed information on any measures adopted and on their impact, including measures adopted within the context of the Gender Parity Initiative and EUROSOCIAL+ cooperation. Noting the significant reduction of the gender income gap in 2021 as well as the economic context due to the pandemic, in particular the loss of jobs by women, the Committee requests the Government to continue to provide data on the evolution of the gender pay gap over the years and to provide a detailed analysis of such data, taking into account changes in the labour force.

Articles 1(b) and 2(2)(a). Equal remuneration for work of equal value. Legislation. With reference to the amendment of Act No. 1496 of 2011, the terms of which are more restrictive than the principle of the Convention, the Committee notes the Government’s indication that it is working to amend the Act before adopting implementing regulations, with a view to facilitating understanding and the application of the principle of equal remuneration for work of equal value. The Committee hopes that the Government will take the necessary measures as soon as possible to make progress with the amendment of Act No. 1496 with a view to giving full legislative expression to the principle of the Convention.

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