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

Further to its observations, the Committee notes the Government’s report, and asks the Government to reply to the following points.

1. The Committee notes that the Equal Opportunities for Women Act, published in the Gaceta Oficial of 26 October 1999, refers in section 11 to "the same remuneration for equal work". The Committee reminds the Government that the Convention requires equal remuneration for work of "equal value" which is broader than the same work. The "value" of work allows for comparisons to be made between different types of work or work in different occupations. The Committee asks the Government to consider the possibility of amending its legislation so as to allow for the full application of the principle of equal remuneration between men and women workers for work of equal value.

2. The Committee again observes that the Government’s report makes no reference to the adoption of objective job appraisal methods. It reminds the Government that, when the value of different jobs has to be compared, it is important to have methods and a procedure which are easy to use and accessible and which ensure that sex is not taken directly or indirectly into consideration as a criterion for comparison. By using a job evaluation method, it is also possible to ascertain whether work deemed to be typically "female" is undervalued because of gender-related stereotypes. The Committee urges the Government to take measures to this end.

3. The Committee notes that, according to the information supplied by the Government in its report, the labour inspection services confine their work to ascertaining whether minimum wages are paid. The Committee reminds the Government that the principle of equal remuneration applies not only to "minimum wages". The Committee wishes to recall the importance of an efficient labour inspection system as an instrument for detecting, containing and preventing discrimination in the form of different remuneration between men and women workers for work of equal value. The Committee asks the Government to provide information in its next report on measures taken or envisaged to enable the labour inspectorate to monitor full compliance with the principle enshrined in the Convention. Please also provide copies of the inspectors’ reports and information on any penalties applied for breach of the abovementioned principle.

4. The Committee once again notes that the Government has sent no information on the implementation of the measures recommended in May 1993 in the report of the committee established by the Governing Body (document GB.256/15/16) to examine the representation made by the International Organisation of Employers (IOE) and the Federation of Chambers of Industry and Commerce (FEDECAMARAS), submitted under article 24 of the ILO Constitution. In its previous report, the Government stated that a forthcoming labour reform would make it possible to preclude any gender-based differentiation in the benefits paid by employers to men workers and women workers who adopt minors or become adoptive parents for the purposes of adoption. The Committee asks the Government to provide information on measures taken in this respect.

5. The Committee again asks the Government to report on any progress made in putting the National Costs, Prices and Wages Board back into operation.