Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

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

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. The wage gap. The Committee notes that, according to the Government’s report, the wage statistics show the disadvantages for women of the labour market situation and the inequality that exists on the labour market. According to the latest household survey, the average level of women’s wages in the private sector is 87.33 balboas lower than that of men, while in the public sector the average wage gap is reduced to 28.27 balboas in favour of men. The Committee asks the Government to continue providing information on the impact of the new legislation in terms of reducing the wage gap. The Committee would be grateful if the Government would provide information on the gender indicators adopted under section 12 of Executive Decree No. 52 of 2002.

2. Economic incentives to achieve parity. The Committee notes that, according to the Government’s report, further progress has not yet been achieved in the application of section 52 of Decree No. 53, which provides that the Government shall take action to promote economic incentives to achieve a labour force consisting of 50 per cent women. The Committee hopes that in its next report the Government will be in a position to provide information on the application of sections 42, 45, 48, 50, 52 and 56, to which it referred in its direct request in 2003.

3. Collective agreements and methods for the objective appraisal of jobs. With regard to the Committee’s request for the Government to provide copies of collective agreements applying the principle of equal remuneration for men and women for work of equal value, the Government indicates that collective agreements do not establish differences on grounds of sex, and that no distinction is made when determining wages by decree. The Committee considers that the fact that collective agreements or the legislation do not establish differences based on sex is undoubtedly a first step, but draws the Government’s attention to the fact that provisions which are neutral in their wording may nevertheless give rise to indirect discrimination through the provision of lower pay for jobs traditionally occupied by women than those traditionally held by men. Moreover, wage supplements (for seniority, mobility, availability) are components of remuneration that are not included in minimum wages, but which may give rise to hidden discrimination. It therefore asks the Government to provide information on the machinery that is in place to detect such differences where they exist and on the methods applied to undertake an objective appraisal of jobs. Due to the tendency for men and women to be engaged in different jobs, it is essential to have a technique to measure the relative value of jobs which differ in their content with a view to eliminating discrimination in the remuneration of men and women. The Committee hopes that in its next report of the Government will be in a position to provide information on the methods used for the objective appraisal of jobs and that it will provide copies of a number of collective agreements so that the Committee can examine wage categories by function and sex, as well as by wage supplements.

4. Labour inspection. The Committee notes that no complaints have been recorded during the reporting period concerning failure to apply the principle set out in the Convention. The Committee reiterates that it is not possible to deduce from the data on labour inspections contained in the Government’s report whether violations have been detected of the principle of equal remuneration for men and women for work of equal value. The Committee therefore asks the Government to provide information in its next report on the activities of the labour inspectorate in relation to the principle set out in the Convention.