Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

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

The Committee notes the information in the Government’s report including statistical data provided by the General Labour Inspectorate and comments from the Union of Workers of Guatemala (UNSITRAGUA) on matters relating to the application of the Convention. It also notes the comments sent to the Office by the International Confederation of Free Trade Unions (ICFTU) which were forwarded to the Government on 28 January 2002. The Office has not as yet received any reply thereto.

1. The Committee notes that, according to the ICFTU, women suffer obvious discrimination in employment. The ICFTU asserts that women are concentrated in the informal sector and have a low participation rate in high-level jobs; that there is sectoral gender segregation; and that women’s status in the export processing industry is precarious. The ICFTU also indicates that women earn between 20 and 40 per cent less than men.

2. In its previous comments, the Committee again asked the Government to indicate whether it was considering the possibility of giving effect in law to the principle of equal remuneration for men and women for work of equal value. The Committee regrets to note that the Government once again repeats its previous comments to the effect that section 89 of the Labour Code and article 102 of the Political Constitution of the Republic of Guatemala are the provisions which give effect to the Convention. The Committee draws the Government’s attention to the fact that the above provisions do not include the notion of work of "equal value"; nor do they provide for a comparison of work done for different employers. It again points out that the Convention is intended to prevent work in sectors deemed typically "female" from being undervalued due to gender-based social stereotypes. Noting in this context the information provided in the comments sent by UNSITRAGUA on the reform of the Labour Code, the Committee urges the Government to take the necessary steps to give effect in law to the provisions of the Convention in order to eliminate the wage differential between men and women for work of equal value and occupational segregation.

3. In its previous comments the Committee asked the Government to provide information on the methodology used for job appraisal. The Committee notes that, other than the indication that sex is not a criterion in fixing or negotiating wages, the Government’s report contains no detailed reply on the use of a job appraisal methodology which allows objective and analytical measurement and comparison of the relative value of tasks undertaken so that effect can be given to the Convention. As the Committee pointed out in paragraph 255 of its General Survey on equal remuneration, 1986, the reference in the Convention to equal remuneration for men and women workers for "work of equal value" inevitably broadens the field of comparison since jobs of a different nature have to be compared in terms of equal value. Accordingly, it is important that the comparison should not take into account directly or indirectly the criterion of gender but, rather, objective criteria such as professional qualifications, responsibility, physical or mental effort or the working environment. The Committee trusts that in its next report the Government will provide information on any measures taken or envisaged regarding the use of methodologies for job appraisal.

In addition, the Committee is addressing a request directly to the Government on other points.