Observation (CEACR) - adoptée 2023, publiée 112ème session CIT (2024)

Convention (n° 100) sur l'égalité de rémunération, 1951 - Nicaragua (Ratification: 1967)

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Articles 1(b) and 2(2)(a) of the Convention. Equal remuneration for work of equal value. Legislation. The Government states in its report that it considers that there is a clear legal basis in the country to ensure the protection and restitution of the right to equal remuneration. In this regard, the Government refers to the Labour Code (Act 185), whose principle XIII guarantees to workers equal wages for equal work in identical working conditions, in line with their social responsibility. The Committee notes that this provision refers to equal wages for “equal work”. The Committee also notes that the terminology of that provision is more restrictive than the principle established by the Convention since this principle goes beyond equal remuneration for “equal”, “the same” or “similar” work and also encompasses work of a completely different nature which is nevertheless considered to be of “equal value”. The Committee also recalls that it noted in its previous comments that section 19 of Act No. 648 of 2008 on equality of rights and opportunities refers to “equal wages” for women and men for “equal work”. The Committee once again urges the Government to take steps to amend the Labour Code (Act 185) and Act No. 648 of 2008 to ensure that both fully incorporate the principle of the Convention and cover not only equal remuneration for equal work but also equal remuneration for work of equal value.

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