Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

Equal Remuneration Convention, 1951 (No. 100) - Panama (Ratification: 1958)

The Committee notes the information supplied by the Government and has examined with interest the documentation on the Promotion of Equality of Opportunity Programme in Panama.

1. Regarding section 10 of the Labour Code and further related sections, the Committee notes that these provisions do not adequately reflect the principle of equal remuneration for men and women workers for work of equal value. The Committee notes with interest that Action 1.2 of the National Plan for Women in Development, to be applied between 1996 and 2001, included "the submission of proposals to the Legislative Assembly to incorporate the recommendations contained in Conventions Nos. 100 and 111 of the ILO into the amendments of the Labour Code". The Committee requests information on the progress achieved in bringing national legislation into line with the principles contained in the Convention.

2. The Committee requests information on the manner in which the application is ensured of the principle of equal remuneration for men and women workers for work of equal value to all persons employed in the bodies and services of the central public administration.

3. The Committee observes that, to initiate proceedings regarding violation of the principle of equal pay under section 145 of the Labour Code, conditions including the following must be met: (1) equal work must be performed in an enterprise or by a worker, and (2) the work performed must be carried out "in the same post". It wishes to point out that, as established by this Committee, the principle of the Convention extends beyond cases where work is performed in the same establishment and beyond the same jobs performed by both sexes. In this connection see paragraphs 22 and 72 of the 1986 General Survey. The Committee hopes that this question will be taken into consideration in the amendments to be undertaken to the Labour Code and would be grateful to be kept informed on any legal action and judgements arising in this connection.

4. In its information regarding Article 3 of the Convention, the Government referred to job evaluation. The Committee points out that an objective evaluation of jobs implies the adoption of a technique to measure and compare objectively the relative value of the jobs performed. Because men and women tend to perform different jobs, a technique to measure the relative value of jobs with varying content is critical to eliminating discrimination in the remuneration of men and women. See paragraphs 138 to 152 of the 1986 General Survey on this. The Committee hopes the Government will adopt measures to encourage this method of evaluation and asks to be kept informed of progress achieved.

5. The Committee requests the Government in its next report to provide the most complete statistical information possible, disaggregated by sex, regarding paragraphs (i) and (ii) of its 1998 general observation on Convention No. 100.