Demande directe (CEACR) - adoptée 1998, publiée 87ème session CIT (1999)

The Committee notes that the Government's report has not been received. Further to its previous comments, the Committee notes the promulgation of Act No. 496 of 25 August 1995, amending certain sections of Paraguay's Labour Code, Act No. 213/93, particularly section 229, which was amended to add physical incapacity as a prohibited ground of discrimination in remuneration. The Committee hopes that a report will be supplied for examination at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. The Committee has noted the new Labour Code (Act No. 213, adopted in June 1993) which provides in section 229 that equality of remuneration rates must be without distinction on the basis of sex for "work of equal value", whether or not it is of the same nature. The Committee has noted that for the purposes of this provision, remuneration does not include the component of the wage which is related to seniority and merit although, under Article 1 of the Convention, "remuneration" includes the ordinary, basic wage and any additional emoluments whatsoever paid by the employer to the worker and arising out of the worker's employment. The Committee notes that the Government has supplied copies of recent decrees establishing the National Minimum Salaries Board (CONASAM) which lays down the increases in salaries and minimum legal wages in the private sector. Nevertheless, it observes that these texts do not explain how the components of the wage related to seniority and merit are taken into account. The Committee requests the Government once again to indicate the manner in which the principle of equality of remuneration for men and women workers is also applied to the components of remuneration which relate to seniority and merit.

2. With regard to Article 3 of the Convention and to the objective appraisal of jobs in order to ensure equality of remuneration for work of equal value in cases in which the nature of the jobs differs, the Committee has noted that the Government recognizes the need for such an evaluation and invited it to avail itself of ILO technical assistance, especially in order to define the objective of appraisal of jobs which are directly under the control of the State. In this matter, the Government has indicated that the suggestion has been noted and the Committee would be grateful to receive information on any action undertaken in regard to this possibility.

3. With regard to the measures which have been taken for the application of the provisions which govern equal wages and, in particular, on the activities of the Labour Directorate (violations detected and penalties imposed), as well as any rulings by the labour tribunals, the Committee notes the information supplied by the Government to the effect that the Labour Directorate has deployed labour inspectors for the purpose of ensuring the principle of equal remuneration. The Committee also notes that there are no statistics on violations detected or on penalties imposed nor on cases brought before the courts. In this matter, the Committee recalls that its General Survey of 1986 on equal remuneration, paragraph 248, indicated that a previous difficulty in applying the Convention had arisen from a lack of knowledge of the true situation because inequalities in remuneration, in most countries, were nearly always poorly researched and identified statistically, and it therefore urges the Government to improve its data collection system and, if it considers relevant, to resort to technical assistance from the Office in this area in order to be able to assess effectively the practical application of the Convention.

4. Finally, the Committee recalls that it wishes to have more detailed information to enable it to assess the manner in which the principle of equal remuneration set out in the legislation and regulations is applied in practice. It would therefore be grateful if the Government would supply in its report:

(i) the wage scales applicable in the public service, indicating the distribution of men and women at the various levels; and

(ii) statistics on wage rates and average earnings for men and women, if possible by occupation, branch of activity, seniority and level of qualifications, as well as information on the corresponding percentage of women.