Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

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

The Committee notes the report sent by the Government and the attachments thereto. It also notes the comments of 25 August and 1 September 2003 by the Trade Union of Workers of Guatemala (UNSITRAGUA) concerning the application of the Convention which were sent to the Government on 8 and 15 October 2003 respectively. The Committee will examine these comments along with any reply provided by the Government at its next session.

1. In its previous comments the Committee referred to information sent by the International Confederation of Free Trade Unions (ICFTU) to the effect that there was a large wage differential between men and women and that women had a low participation rate in the better-paid jobs. The ICFTU also pointed out that women’s status in the export processing industry was precarious. In response, the Government indicates in its report that in the export processing industry wage discrimination on the ground of sex is rare because of the tasks involved in the work, and that if there is a concentration of women in this sector, it is because they have the necessary motor skills to perform the tasks required. The Committee refers in this connection to the Government’s report on the application of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), in which it recognizes that women tend to be employed more in less skilled jobs with less stability and lower pay, reflecting "the feminization of employment" in lower ranking jobs and an economic and social underrating of the jobs performed by women. The Committee asks the Government to provide information in its next report on the measures adopted or contemplated to promote the objective evaluation of jobs for purposes of wage fixing to ensure that the jobs in which women dominate are not economically and socially undervalued. Please also indicate the measures taken to provide women with the same opportunities as men in terms of access to jobs which are better paid and more highly skilled.

2. The Committee notes with regret that the Government once again states in its report that the Political Constitution of the Republic of Guatemala gives effect to the Convention. The Committee reminds the Government that article 102(c) of the Constitution refers to equal pay for equal work, whereas the Convention uses the term "work of equal value", a concept which allows a comparison of jobs which are different but which warrant the same remuneration. The Committee also reminds the Government that section 89 of the Labour Code also narrows the scope of application of the Convention by requiring that the work compared in assessing equality must be carried out within the same enterprise. The Committee urges the Government to take the necessary steps to reflect in law the principle of equal remuneration between men and women workers for work of equal value. It would be grateful if the Government would provide information on the activities of the Tripartite Commission on International Labour Issues which, according to information sent by the Government, is to hold discussions and propose reforms based on the Committee’s comments.

3. The Committee notes with regret that the Government’s report contains no response to the Committee’s repeated requests for information on the manner in which objective job appraisal is undertaken in the country. The Committee pointed out to the Government the importance of using a methodology that allows objective and analytical measurement and comparison of the relative value of tasks undertaken so that effect can be given to the Convention, particularly in the case of tasks which are different but which, for the purposes of applying the principle laid down in the Convention, may be of equal value. The Committee trusts that in its next report the Government will provide information on any measures adopted or envisaged to secure the use of methodologies for job appraisal in the public sector and to encourage this in the private sector.

The Committee raises other questions in a request addressed directly to the Government.