Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

Equal Remuneration Convention, 1951 (No. 100) - Cuba (Ratification: 1954)

The Committee notes the Government's report and the information it contains in reply to its previous direct request.

1. The Committee noted previously that under section 99 of the 1984 Labour Code, workers received equal pay for equal work without discrimination, inter alia, on grounds of sex. It recalled that the principle of equal remuneration laid down in Article 2, paragraph 1, of the Convention has to be understood as being work of "equal value". The Committee notes that the Constitution of 1992 reasserts the principle of equal pay for equal work set out in the Labour Code and that, according to the Government, such equality is applied in practice for work of equal value, by means of the methodology used for appraising jobs and without any distinction between men and women workers. The Committee asks the Government to indicate in its next report the measures which it plans to take in order to bring the legislation into line with practice and with the Convention.

2. The Committee also notes the information on the wage system, the methods for appraising jobs (by means of points and comparison) and their application. The Committee also notes the text of Resolution No. 476 of 1 July 1980 establishing the wage scales and the corresponding rates for each occupational category. With regard to the wage statistics sent by the Government, the Committee regrets that the two tables do not indicate actual earnings in the public sector and the distribution of men and women employed at different levels; nor do they indicate the actual earnings of men and of women in the various sectors of activity and at different levels. The Committee recalls that such statistics are useful to it in evaluating how the principle of equal remuneration laid down in laws and regulations is applied in practice. It hopes that, in its next report, the Government will be able to provide such data (average actual earnings of men and women broken down, if possible, by occupation, sector of activity, seniority and level of qualifications, as well as information on the corresponding percentage of women.)

3. In addition, the Committee would be grateful if the Government would supply information on the measures taken to ensure supervision of the implementation of the provisions regulating equality of remuneration and, in particular, the activities of the labour inspectorate (infringements recorded, penalties imposed) and on court decisions.