Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

Equal Remuneration Convention, 1951 (No. 100) - Brazil (Ratification: 1957)

The Committee notes the Government's report and attached documentation, including the statistical information provided.

1. The Committee notes the Government's statement that Bill No. 382-B/91 will be included in the agenda for the next session of the Senate Committee on Justice and the Constitution (CCJ). This draft legislation addresses issues relative to women's access to the labour market and, inter alia, prohibits a person's sex from being used as a determining factor for purposes of remuneration. The Government's report indicates that Bill No. 382-B/91 will be considered by the CCJ contemporaneously with PLS 00147 of 1995, another proposed bill addressing women's access to the labour market. In this regard, the Committee would be grateful if the Government would continue to keep it informed of the status of this and any other proposed legislation relevant to the Convention and provide copies of any relevant laws as soon as they are enacted.

2. The Government indicates that differences remain with regard to the remuneration of men and women in Brazil. The statistical information provided by the Government reflects that women's average monthly salaries are lower than mens' in all sectors of economic activity. The Government's report also acknowledges that disparities between women and men exist with regard to their access to the Brazilian labour market. The Government states that this disparity is most evident in the construction and livestock breeding sectors, where men predominate. According to the report, the disparity is less in the commercial sector and is "almost non-existent" in the government sector, where objective recruitment criteria are applied through public competition for posts. Nonetheless, the Committee notes the information provided by the Government regarding vertical occupational segregation between women and men employed in the government sector. The Government indicates that women make up 45 per cent of the workforce in the government sector. While, however, there is greater gender-balance at lower-level positions, the greater the level of decision-making authority, the lower the percentage of women. According to the report, women occupy 29 per cent of management and supervisory positions at the DAS-4 level, 17 per cent of DAS-5 level positions and 14 per cent of posts at the DAS-6 level. The Committee recalls that the aim of eliminating discrimination between men and women in respect of remuneration for work of equal value cannot be reached in a satisfactory way unless national policy also aims at eliminating discrimination on the basis of sex in respect of access to the various levels of employment (see General Survey by the Committee of Experts on equal remuneration, ILO, 1986 in paragraph 100, citing paragraph 38 of the Committee's General Report of 1980). In this respect, please provide information on the manner in which the application of the principle of equal remuneration is promoted and ensured in Brazil, including information on progress made in the application of the principle by promoting and ensuring the access of women to the labour market and to higher-level posts in both the public and private sectors.

3. The Committee notes from the report that the parties to collective bargaining agreements have made it a priority to insert clauses in those agreements ensuring equality of remuneration between men and women. The Committee would be grateful if the Government would provide examples of such agreements and, where possible, statistical information regarding the number and types of industries concluding collective bargaining agreements and the percentage of those agreements which include clauses securing the application of the principle of equal remuneration for men and women workers for work of equal value.

4. The Government states that it is engaged in ongoing efforts to raise the awareness of female workers with regard to their rights in the workplace and that procedures have been established to address incidents registered by the Labour Inspectorate of alleged equal pay violations. The Government indicates that there are no pending complaints involving issues under the Convention. Further to its previous comments, the Committee requests the Government to continue to provide information on the number of offences registered by the Labour Inspectorate for violation of the principle of equal remuneration, and the number and the outcome of the cases tried. Further, in its 1996 report, the Government referred to a public civil action brought against Empresa Pintos, Ltda. in the State of Piauí for alleged equal pay violations (ACP No. 003/95). The Committee would be grateful if the Government would inform it of the outcome of the above-mentioned action and provide a copy of the final decision.

5. The Committee notes with interest the campaign "Brazil Gender and Race -- United for Equal Opportunity" coordinated by the Government to disseminate information in regional seminars on the principles of Conventions Nos. 100 and 111 to workers' and employers' organizations, non-governmental organizations and public institutions. The Committee also notes with interest the information provided by the Government regarding the establishment of regional labour agencies which are working with various national, state and municipal agencies as well as with the ILO to eliminate discrimination in all sectors of the labour market. The Committee would be grateful if the Government would continue to keep it informed of ongoing activities in this area, as well as on the activities of the Working Group for the Elimination of Discrimination in Employment and Occupation (GTEDEO).