Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

Equal Remuneration Convention, 1951 (No. 100) - Guatemala (Ratification: 1961)

1. Article 2 of the Convention. With regard to the amended section 89 of the Labour Code, which stipulates that "Equal wages shall be paid for equal work performed in equivalent posts and under the same conditions of efficiency and seniority in the same enterprise; such wages shall include all the payments made to the employee in return for his ordinary work. In respect of claims made by women workers concerning wage discrimination on grounds of sex, the employer shall demonstrate that the work performed by the complainant is of inferior quality and value", the Committee notes the Government's statement that the principle of equal remuneration for equal work is applied through minimum wage scales without distinction between men and women workers. Nevertheless, the Committee recalls that the Convention sets out a broader principle, namely equal remuneration for work of equal value. It asks the Government to explain how this broader concept is ensured by other legislation or in practice.

2. The Committee notes that section 89 refers to the concept of work "of inferior quality and value" for the examination of complaints by women workers and asks the Government whether, in such complaints, different work can be relied on; if so, please supply copies of decisions showing the results of the complaints. It also requests the Government to supply copies of any complaints lodged under section 89 so as to enable it to evaluate the application of the principle set out in the Convention through case-law.

3. With regard to the practical application of the principle of equal remuneration for men and women whose remuneration is higher than the minimum wage, the Committee notes that the Government repeats its statement contained in the previous report that wages (with the exception of the fixing of minimum wages) are determined through freely concluded contracts, in which habits and customs influence the amount of the wages, and adds that collective bargaining cannot reduce the rights set out in the international conventions or other instruments ratified by Guatemala. The Committee would therefore be grateful if the Government would supply copies of the collective agreements which demonstrate the application of the principle set out in the Convention with regard to wages which are higher than minimum wage levels.

4. In the public sector, the Committee notes that wages are fixed by means of Government Agreement No. 589-92, which specifies the basic wage, the emergency bonus and wage grades. The Committee requests the Government to supply a copy of this Agreement, as well as of the statistical tables to which reference is made in the report, but which have not been received.

5. The Committee notes Government Agreement No. 711-93, of 3 December 1993, under which a representative commission is set up to coordinate activities with the National Office for Women. It requests the Government to specify whether this commission plays a role in the application of the Convention in practice. The Committee notes that the General Labour Inspectorate does not carry out specific preventive monitoring or apply sanctions in order to achieve equality of remuneration between men and women workers. The Committee requests the Government to indicate in its future reports the number of offences which are specifically related to equal remuneration between men and women workers, the penalties imposed and any ruling by the courts in this respect.

6. The Committee notes that the National Wages Commission is still not in operation and requests the Government, when the Commission starts to operate, to provide information on the activities which it undertakes in relation to the Convention.