Solicitud directa (CEACR) - Adopción: 2010, Publicación: 100ª reunión CIT (2011)

Assessment of the gender pay gap. The Committee recalls the particularly wide gender pay gap in manufacturing and in some occupational groups in certain sectors of the economy. It notes the Government’s explanation that work performed by “plant and machine operators, drivers and assemblers” requires handling of large machines, which is highly physical, and therefore “more suitable to male employees”. The occupational group of “skilled agricultural and fishery workers” in the gaming industry also involves tasks favouring physically stronger male employees. With respect to the “transport, storage and communications” sector, the Government states that the gender pay gap manifests itself particularly in the occupational group of “technicians and associate professionals”, which includes professions involving activities which tend to be performed more by men. In the Government’s view, physical differences, seniority, experience and other factors such as the economic development of a particular industry have contributed to the gender gap in remuneration. The Committee draws the attention of the Government to its 2006 general observation, which highlights stereotypical assumptions regarding women’s aspirations, preferences, capabilities and “suitability” for certain jobs, as being a major factor contributing to occupational sex segregation in the labour market. As a result, certain jobs are held predominantly or exclusively by women and others by men. These assumptions also tend to result in pay structures undervaluing “female jobs” in comparison with those of men who are performing different work and using different skills; as such skills or attributes, such as heavy lifting or physical strength, typically associated with jobs traditionally performed by men, are being overvalued, compared to skills such as manual dexterity and those required in caring professions, associated with jobs generally performed by women. Taking note of the Government’s intention to continue to study the causes of the gap with a view to finding effective solutions, the Committee asks the Government to ensure that the studies envisaged include an assessment of the extent to which stereotypical assumptions regarding women’s capabilities and “suitability” for certain jobs, and the overvaluing of skills typically associated with jobs performed by men, contribute to the persistence of the gender gap in remuneration, and to report on the results achieved. The Committee also asks the Government to take measures to address the occupational segregation of men and women in certain occupations and sectors with a view to reducing the gender pay gap, and refers in this regard to its comments on the Discrimination (Employment and Occupation) Convention, 1958 (No. 111).

Article 2. Measures to promote the application of the principle of the Convention. The Committee notes the information in the Government’s report regarding the various promotional activities undertaken and materials published by the Legal Affairs Bureau and the Labour Affairs Bureau regarding the legal provisions concerning equal remuneration for men and women. The Committee asks the Government to continue to provide information on the measures taken to ensure that workers and employers are aware of the relevant provisions in the Labour Relations Law No. 7/2008, and Legislative Decree No. 52/95/M, dealing with equal remuneration. Given the continuing wide gender pay gap in some occupations and sectors, the Committee asks the Government to consider developing practical tools to help workers to determine whether the remuneration they receive is in accordance with the principle of the Convention.

Collective agreements. The Committee notes the information in the Government’s report regarding the difficulties and diverging opinions on the issue of collective bargaining in general. It also notes the Government’s commitment to work through the tripartite coordination mechanisms when formulating labour-related policies and measures. The Committee asks the Government to continue to provide information on developments with regard to the adoption of legislation concerning collective bargaining and the manner in which it is used as a means to promote equal remuneration for men and women for work of equal value. Please also provide information on how workers’ and employers’ organizations have been specifically involved in measures aimed at giving effect to the principle of the Convention, and the results achieved.

Minimum wages. The Committee notes that the Government is still studying the results of the minimum wage system introduced for the sanitary and security services outsourced by public establishments. It also notes the additional measures taken by the Government to alleviate the pressure for low-income full-time employees (i.e. Administrative Regulation No. 6/2008 regarding the temporary measure on supplementary remuneration for work, and Administrative Regulation No. 6/2009 extending the time for the implementation of the temporary measure on supplementary remuneration for work). The Government indicates that the results achieved with regard to these will serve as the basis for studying a minimum wage system covering all industries. The Committee asks the Government to provide information on the impact of the measures taken on reducing the gender pay gap between men and women, and on any progress made in setting up a generalized minimum wage system as a means to apply the Convention.

Objective job evaluation. The Committee notes the Government’s indication that it will explore, when appropriate, the feasibility of objective job evaluation systems in the private sector, and the formulation of principles and guidelines for implementing the provisions of the Convention. Considering the assessment of the gender wage gap and its causes set out in paragraph 1 of this direct request, the Committee asks the Government to increase its efforts, in cooperation with workers’ and employers’ organizations, to promote and develop methods for the objective evaluation of jobs with a view to effectively applying the principle of equal remuneration for men and women for work of equal value in the private sector.

Labour inspection. The Committee notes that the Labour Affairs Bureau received one case regarding unequal remuneration between men and women, which is still pending. It also notes that special hotlines have been set up for citizens for questions on gender discrimination, and that the Labour Inspection Department has issued a “guidance for working in the area of equal remuneration for men and women for work of equal value”. The Committee will examine the document when a translation into Portuguese or any of the official ILO languages is available. Underlining the important role of judges and labour inspectors in ensuring the application of the principle of the Convention, the Committee asks the Government to indicate the measures taken or envisaged, including training, regarding the concept of “work of equal value” to assist judges and labour inspectors to fulfil their role effectively. Please also continue to provide information on any cases addressed by the competent authorities involving the relevant legal provisions on equal remuneration, including information on remedies provided and sanctions imposed.