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

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

1. In previous comments, the Committee referred to information supplied by the International Confederation of Free Trade Unions (ICFTU) to the effect that there is a large wage differential between men and women and that women have a low participation rate in the better-paid jobs. With regard to this issue, the Committee noted that women tend to be employed in less-skilled jobs with less stability and lower pay, leading to the “feminization of employment” in lower ranking jobs and to an economic and social undervaluation of the jobs performed by women. It asked the Government to provide information on the measures adopted or envisaged to promote the objective evaluation of jobs. It also emphasized the importance of this methodology in allowing an objective and analytical measurement and comparison of the relative value of the work performed so that effect can be given to the Convention, particularly in the case of work that is different but which, for the purposes of applying the principle laid down in the Convention, may nevertheless be of equal value. The Committee notes the Government’s indication on these matters that the National Wage Commission, in relation to the activities entrusted to it for fixing the minimum wage, applies the principle set out in the Convention. Recalling that the principle laid down in the Convention is not confined to the minimum wage, but applies to all emoluments paid directly or indirectly by the employer, the Committee hopes that the Government, with a view to preventing and eliminating the horizontal segregation of women, will adopt measures to promote the establishment of methods allowing the objective evaluation of jobs in the private sector, and asks it to keep the Committee informed on progress and results in practice in the adoption of such measures. It also reiterates its request for information on the measures adopted to secure for women the same opportunities as men in terms of access to jobs which are better paid and more highly skilled.

2. Legislation. With regard to the adoption of the necessary measures to give legislative expression to the principle of equal remuneration for men and women for work of equal value, the Committee notes the Government’s indication that reforms to the Labour Code, including the incorporation of the principle set out in the Convention, are being discussed in the Tripartite Committee on International Labour Affairs. The Committee trusts that the Government will amend the Labour Code to bring it into conformity with the Convention, and asks the Government to keep it informed of progress in this regard.

The Committee is raising other matters in a request directly addressed to the Government.