Demande directe (CEACR) - adoptée 2003, publiée 92ème session CIT (2004)

The Committee notes the information supplied by the Government in its first report, the observations by the Comisión Intersindical (CATS-CTD-CGT-CTS-CSTS-CUTS) and the Government’s response thereto. The Committee also notes the comments of 31 January 2003 sent by the International Confederation of Free Trade Unions (ICFTU), raising matters related to the application of the Convention, and the Government’s replies to them.

1. The Committee notes that both the ICFTU and the Comisión Intersindical indicate that there is still a wage differential between men and women workers, with a widening gap in jobs requiring higher education and in jobs in rural areas. The Comisión Intersindical further observes that the income of self-employed men is 76 per cent higher than that of self-employed women. The Committee also notes that the Comisión Intersindical knows of no legislative or administrative initiative by the Government to redress the inequality in the remuneration of men and women workers to which it refers. The Committee notes that the Government’s reports contain no response to these points. It would be grateful if the Government would supply statistical data in its next report showing the distribution of wages and income by sex in the various sectors, in accordance with its general observation of 1998, which is appended. Please also provide information on measures undertaken by the Government to reduce the pay gap between men and women.

2. Article 1, paragraph (a), of the Convention. The Committee notes that in its report the Government states that the term "remuneration" has the meaning conferred on it by this provision of the Convention. The Committee observes however that the definition in section 119 of the Labour Code is narrower in scope: it does not refer to payment "in kind" and specifically excludes some payments that would be considered as being within the Convention’s definition. The Committee asks the Government to provide information on how it applies the principle of equal remuneration between men and women workers for work of equal value in the event of differences arising from payments in kind and other emoluments which are not included in the definition in section 119 of the Labour Code. It also asks the Government to consider incorporating in the legislation the broader definition of "remuneration" given in the Convention.

3. Article 2. The Committee notes that in its report the Government states that the principle of equal remuneration for men and women is established in article 38(1) of the Constitution of the Republic and section 123 of the Labour Code. The Committee observes that both the above provisions refer to the application of the principle of equal remuneration for men and women for equal work in the case of workers in the same enterprise or establishment and in the same circumstances. The Committee draws the attention of the Government to the fact that the Convention refers to equal remuneration for men and women workers for "work of equal value" without imposing the restrictions of equal work, the same circumstances, or the same enterprise or establishment. The Committee furthermore observes that the objective of the Convention is to allow for the comparison of the value of the work where men and women are doing different jobs including jobs in different sectors which employ women mainly or exclusively or sectors regarded as typically "female" and which may be undervalued because of gender-related stereotypes. The Committee trusts that the Government will take steps to bring its legislation into conformity with this provision of the Convention.

4. The Committee notes that the Government refers to a number of administrative laws and regulations which apply to the provisions of the Convention. It would be grateful if in its next report the Government would supply copies of these administrative laws and regulations along with an explanation of how they apply to the Convention.

5. The Committee notes that in the information supplied in the Government’s report, there is no indication as to the method in use for determining remuneration. The Committee would be grateful if in its next report the Government would provide detailed information on the manner in which wages are fixed, including the minimum wage in the public and private sectors. The Committee hopes that the information will also cover sectors employing indigenous women and women working in industrial export processing zones.

6. The Committee would be grateful if the Government would provide information in its next report on the manner in which it promotes the incorporation in collective agreements of the principle of equal remuneration for men and women workers for work of equal value. Please also provide copies of any such agreements.

7. Article 3. The Committee notes that in the information supplied in the Government’s report there is no indication of the method used for objective job appraisal based on the tasks involved. The Committee points out that in order to compare work mainly in terms of value, it is important to have easy-to-use and accessible machinery and procedures to ensure that the comparison is not based directly or indirectly on the criterion of sex but on objectives that have to do with the skills, responsibility or intellectual effort required by the tasks in question. The Committee would be grateful if the Government would provide detailed information in its next report on the methods used in the public sector and in the private sector for job classification.

8. Article 4. The Committee notes the information supplied by the Government in its report to the effect that cooperation with the employers’ and workers’ organizations concerned takes place through the Higher Labour Council and the National Minimum Wage Council. The Committee would be grateful if the Government would provide information in its next report on the activities carried out with organizations of employers and workers to apply the provisions of the Convention.

9. Parts IV and V of the report form. The Committee asks the Government to provide information on measures taken under the new plan of the Salvadorean Institute for the Development of Women (ISDEMU) for the period 2000-04 which are related to the application of the principle of equal remuneration for men and women workers for work of equal value.

10. The Committee notes the information supplied by the Government in its report to the effect that, under section 124 of the Labour Code, failure to apply the principle established in section 123 of the Code entitles the workers affected to claim equalization of their wages. The Committee would be grateful if the Government would provide information in its next report on any measures taken under this provision together with copies of any judicial and/or administrative decisions, extracts of reports by the inspection services indicating the number and nature of infringements recorded and any other information relevant to the practical application of the Convention.