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

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

The Committee recalls the comments by the Trade Union of Workers of Guatemala (UNSITRAGUA) of 2003 and notes the reply thereto supplied by the Government on 21 June 2004. The Committee notes that the issues raised by UNSITRAGUA do not relate to equal remuneration between men and women.

1. Article 1 of the Convention. With regard to point 2 of its previous direct request on the concept of remuneration set out in Article 1(a) of the Convention, the Committee notes the Government’s statement that “wages in Guatemala are agreed between workers and employers, and any service provided by a worker for the employer has to be paid for by the latter and that minimum remuneration is established per working day without discrimination”. The Committee reminds the Government that the principle set out in the Convention is applicable to all direct and indirect payments made by the employer “arising out of the worker’s employment” and that, within this meaning, the concept of “remuneration” in the Convention, in addition to basic or minimum remuneration, includes “any additional emoluments whatsoever payable directly or indirectly, whether in cash or in kind, by the employer to the worker”. The Committee asks the Government to provide information on the various wage supplements existing in the public and private sectors. It also hopes that the Government will consider the possibility of including in its legislation a definition of “remuneration” containing all the elements set out in the Convention.

2. Article 2. Noting the statistical data provided by the Government on average remuneration received by workers disaggregated by sex, the Committee notes the existence of a significant wage gap to the prejudice of women. The Committee asks the Government to provide information on the measures adopted or envisaged to promote and guarantee the application of the Convention and to supply data, including statistics, on the distribution of men and women in the private sector, disaggregated by level and by occupation, with special emphasis on the rural sector and the export processing industry.

3. System for determining remuneration in the public sector. The Committee notes the information provided by the Government in its report to the effect that, with a view to the determination of wages and wage scales in the public sector, the Annual Wage Plan for 2005 was established by Government Agreement No. CM425-2004, under the terms of which wage levels are allocated for jobs (financial allocation) and persons (personal wage supplement). It also notes that, with a view to the determination of wages by job, the analytical points evaluation method was used initially and, based on the hierarchical categorization of the resulting tasks, wages were determined taking into account certain basic elements in the wage administration and its compliance with the provisions of article 102 of the Political Constitution of the Republic, which establishes the principles on which remuneration is to be based, including “under the condition of equal wages for equal work performed under equal conditions, efficiency and seniority”. The Committee points out to the Government that the determination of the financial allocation per job is based on the criterion of equal wages for equal work, but that the Convention refers to work of “equal value”, which is a concept that allows the comparison of different jobs which are nevertheless of equal value and which therefore merit equal remuneration. The Committee notes the Government’s indication that, for the determination of the wages assigned to individuals, the personal attributes of “dedication, suitability and qualities demonstrated in the performance and achievement of institutional objectives and aims” are taken into account. The Committee hopes that the Government will take the principle set out in the Convention into account when determining the method for establishing wages in the public sector, and asks it to keep the Committee informed on this matter in its next report, with a detailed indication of the basic elements of the wage administration to which it refers. The Committee also asks the Government to provide information on the measures adopted or envisaged to ensure that the criteria determining the personal wage supplement, although apparently neutral, do not have a discriminatory impact. It also asks the Government to provide information, including statistics, on the distribution of men and women in the public service, disaggregated by level and by occupation.

4. Dissemination and training. The Committee notes the establishment of the Labour Subcommission for the export sector and export processing activities, under the title of Dispute Prevention Board in the Export Processing Industry, with the objective of undertaking information and education activities for women workers, middle managers and employers in export processing industries, and for labour inspectors in order to raise awareness and promote the application of the Convention. It further notes that the General Labour Inspectorate has a training centre on labour regulations intended for labour inspectors and administrative personnel. The Committee asks to be kept informed of the activities carried out by the Subcommission and by the training centre for the labour inspectorate as they relate to the application of the principle set out in the Convention, with an indication of the results achieved in practice and on any other measures adopted to secure the proper application of this principle in practice.

5. General Labour Inspectorate. The Committee notes with interest the procedure applied by the General Labour Inspectorate to investigate complaints of illegal deductions from wages and of failure to pay the minimum wage to women, and for the penalization of those responsible, as well as the results of the activities of inspectors in the metropolitan region. The Committee asks the Government to provide information on the results of the activities of labour inspectors in regional inspectorates, with an indication of the reasons why a substantial number of complaints proceed no further because of withdrawal or failure to pursue them, and to continue providing information on the action taken in relation to complaints of violations of the principle set out in the Convention. It also asks for information on the outcome of cases of violations referred to the labour courts, and to provide the related administrative and judicial decisions.