Observación (CEACR) - Adopción: 2014, Publicación: 104ª reunión CIT (2015)

Repetition

Article 1 of the Convention. Equal remuneration for work of equal value. Legislation. In its previous comments the Committee emphasized that the definition of the expression “work of equal value” which appears in section 1.9 of Law regulating Labour No. 13/2009 of 27 May 2009 refers only to “similar work” and is therefore too narrow. It also noted that this Law does not contain any substantial provisions prescribing equality of remuneration for men and women for work of equal value. The Committee notes that the Government refers again in its report to article 37 of the Constitution, which states that “every person having equal competence and capacity shall have the right, without any discrimination, to equal wage for equal work”. It further notes the Government’s indication that, in practice, there is no discrimination between men and women with regard to remuneration, and also its commitment that, on a legislative level, full effect will be given to the principle of equal remuneration for men and women for work of equal value when Law No. 13/2009 is revised. The Committee recalls that because of stereotypical attitudes regarding women’s aspirations, preferences and capabilities, certain jobs are held predominantly or exclusively by women and others by men and “female jobs” are often undervalued in comparison with those of equal value performed by men when determining wage rates. The concept of “work of equal value” is essential for addressing such occupational segregation because it permits a broad scope of comparison which not only covers “equal”, the “same” or “similar” work but also jobs of an entirely different nature which are nevertheless of equal value (see General Survey on fundamental Conventions, 2012, paragraphs 672–679). The Committee asks the Government to take the necessary steps to amend Law No. 13/2009 of 27 May 2009 establishing the labour regulations, so as to give full effect to the principle of equal remuneration for men and women for work of equal value.