Solicitud directa (CEACR) - Adopción: 2001, Publicación: 90ª reunión CIT (2002)

The Committee notes the information provided by the Government in its report, and particularly the attached documentation. It notes the copies of judicial rulings and the statistical data provided in reply to its previous request.

1. The Committee notes that no legal text has yet been adopted corresponding to the principles set out in the Convention. The Committee has been indicating for years the desirability of amending the Substantive Labour Code with a view to explicitly setting forth the principle of equal remuneration for work of equal value and thereby bringing the national legislation into harmony with the Convention on this point. The Committee recalls that this principle presupposes the adoption of the concept of work of equal value. The Committee adds that, while there is no general obligation to enact legislation setting forth this principle under the terms of the Convention, since it can also be applied by the other means indicated in Article 2, legislation is one of the best methods of guaranteeing this principle. The Committee asks the Government to indicate the means through which the Government promotes and ensures the application of the principle of equal remuneration for men and women workers for work of equal value.

2. The Committee notes the adoption of Act No. 581 of 31 May 2000 respecting the adequate and effective participation of women at the decision-making levels of the various branches and bodies of the public authority, in accordance with articles 13, 40 and 43 of the Constitution, which establishes a minimum level of 30 per cent for the participation of women. The Committee asks the Government to provide information on the application of this Act in practice, and to supply information on the number of "highest decision-making" and "other decision-making" positions which are in practice occupied by women, compared with the numbers of men in such positions.

3. The Committee notes the statistical information provided by the Government indicating that in 1996 the earnings gap was 27 per cent, compared with 1982 when women earned an average of 36 per cent less than men. The Committee asks the Government to provide information on the activities, as they relate to the principle set out in the Convention, that are being undertaken by the Permanent Dialogue Commission on Wage and Labour Policies, established under Act No. 278 of 30 April 1996, which has the mandate to guarantee both the equitable redistribution of income and women’s rights. It also asks the Government to provide further information on the action taken in practice in the context of the Equal Opportunities Plan under the National Development Plan "Change to construct peace, 1998-2002", as it relates to the application of the Convention.

4. The Committee notes that the Government has not provided information on the effect given to ruling No. T-026-96 of the Constitutional Court which, among other matters, found that there are "activities which for reasons of sex are outside the scope of the principle of non-discrimination and equality of treatment; as occurs with certain occupational categories or groups which, based on considerations of a biological or physical nature, as well as social or cultural characteristics, are occupied solely or predominantly by individuals of a single sex. In these limited cases, the majority or exclusive presence of individuals of the same sex in the performance of an activity is intended for a more effective performance of the range of activities discharged by a specific enterprise or the optimal provision of a public service, which would be undermined if the engagement of a worker of a different sex distorts, hinders or, in the final analysis, impedes the proper discharge of the inherent functions of the respective activity". The Committee reiterates its request for the Government to indicate the categories of work and occupations in which women would be excluded on grounds of sex.

5. The Committee notes the adoption of Decree No. 1128 of 29 June 1999 restructuring the Ministry of Labour and establishing the Special Labour Inspection, Supervision and Control Unit, with responsibility for coordinating, developing and evaluating prevention, inspection, supervision and control activities throughout the national territory and for promoting machinery, procedures and tools to guarantee compliance with the provisions governing individual and collective labour rights, in both the public and the private sector. The Committee asks the Government to provide information on the activities, inspections, procedures, etc. developed by the above unit with a view to ensuring equal remuneration for men and women workers for work of equal value. The Committee also asks the Government to provide information on the number of claims made to judicial bodies concerning wage discrimination on grounds of sex.

6. The Committee notes that the Government’s report does not reply to the request made in its previous comments. It asks the Government to reply in its next report to the questions raised in paragraph 4 of its previous comments, which read as follows:

With regard to methods of evaluating tasks in order to determine wages, particularly in large enterprises, the Committee notes that, according to the Government, the criteria taken into account are length of service, improvement of occupational skills and output. The Committee draws the Government’s attention to paragraph 54 of the above General Survey in which it points out that, while such criteria (relating to performance appraisal) are not discriminatory in themselves as a basis for wage differentiation, they must be applied in good faith. The Committee once again asks the Government to indicate how it ensures that these methods for assessing tasks are not applied in a discriminatory manner and to provide copies of collective agreements in sectors of activity which employ a large number of women workers.