Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

Equal Remuneration Convention, 1951 (No. 100) - Uruguay (Ratification: 1989)

The Committee notes the information contained in the Government’s report.

1. In its previous comments, the Committee had noted the existence of significant gender-based wage gap between men and women workers, as well as the presence of vertical occupational segregation. According to information compiled by Uruguay’s National Statistics Office in 1995, women’s average hourly wage in 1995 was 75 per cent of men’s corresponding hourly wages. This disparity was even greater for female professionals, managers and businesspeople, who earned an hourly wage slightly over half of the wages earned by that of men in equivalent positions. Further, according to the National Statistics Office, only one out of four managers in Uruguay is female (see Government’s fourth periodic report to the UN Human Rights Committee, CCPR/C/95/Add.9, at paragraphs 23 24 (5 May 1997)). In light of these figures, the Committee repeats its request that the Government supply information in its next report on all measures taken or contemplated to improve the status of women in the labour market and to eliminate existing gender-based wage disparities as well as vertical occupational segregation which impedes women’s access to higher-ranking and better-paid positions.

2. Referring to its previous comments regarding the promulgation of Decree 37/97 of 5 February 1997, which expressly prohibits discrimination on the basis of sex in the establishment of criteria for evaluating remuneration, access to training opportunities, promotions and remuneration (section 3), the Committee requests the Government to provide concrete information in its next report on the application of the principle of non-discrimination in respect of remuneration, as well as on measures taken or contemplated to implement section 6 of Decree 37/97, which provides for affirmative action on the basis of sex. Further, recalling once again that the domestic legislation does not define "remuneration" or "work of equal value", and does not contain any specific reference to the principle of the Convention, the Committee repeats its request that the Government inform it of any steps taken or envisaged to modify the domestic legislation in order to promote application of the Convention.

3. In its previous reports the Government indicated that the wages of a large number of private and public sector workers are set by collective bargaining agreements. The Committee once again asks the Government to supply, in its next report, examples of collective agreements concluded during the reporting period which contain clauses relevant to the application of the Convention. In this context, please indicate how the valuation of work is determined for purposes of wage setting and how gender bias is avoided in this process. The Committee also once again repeats its request that the Government supply information, in its next report, on the work done and the progress achieved by the bilateral special technical committee created by the 1991 industry-wide agreement for the textile industry, to eliminate sex-based wage differentials in that industry. The Government is also again asked to confirm that sex-based differentials such as those contained in the 1989 and 1991 collective agreements for the textile industry have in fact been eliminated in the industry-wide agreements currently in force.

4. The Committee notes from the report that the body of inspectors especially trained to detect gender-based employment discrimination has not been formed, as contemplated in the National Plan of Action 1992-1997 of the Institute for Women and the Family. The Committee asks the Government to keep it informed with regard to the creation of this specialized group of inspectors. It also reiterates its request that the Government provide statistical information in its next report on the number of inspections conducted relevant to equal pay, the number of violations identified and the outcomes, including penalties imposed.

5. The Committee would appreciate receiving information on the activities of the Tripartite Commission on Equality of Opportunity and Treatment in Employment, whose tasks include providing technical assistance in connection with new legislation in the area of equal opportunity and treatment as well as disseminating information on relevant legislation and promoting equal opportunity. The Committee also repeats its request that the Government provide information on the specific methods of cooperation utilized between the Government and employers’ and workers’ organizations to ensure and promote the application to all workers of the principle of equal remuneration for men and women for work of equal value.

6. The Committee notes that, according to the Government’s second periodic report to the United Nations Economic and Social Council, in Judgement No. 12,365 of the Second Rota Labour Court of Appeal, the Uruguayan court interpreted the scope of the principle of equal pay for equal work, imposing a penalty upon the employer for engaging in wage discrimination. The Committee requests the Government to supply a copy of the judgement, as well as copies of any other administrative or judicial decisions relevant to the Convention.