Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Equal Remuneration Convention, 1951 (No. 100) - Brazil (Ratification: 1957)

Wage gap. The Committee notes the statistical information supplied by the Government, which reveals that differences in wages between men and women still exist. In particular, the Committee notes that in 2008 the average wage for women was 82.7 per cent of the wage for men. The Committee also notes that the wage gap is even greater with respect to women of African extraction. Furthermore, the Committee notes that, if men and women who have completed higher education are taken into account, the wage gap is more than 40 per cent.

The Committee notes that the information supplied by the Government, with regard to the action undertaken in the context of Brazil’s Decent Work Country Programme, does not make any reference to specific measures to promote the application of the principle of equal remuneration for men and women for work of equal value or to reduce the existing gender pay gap. Moreover, the Committee notes that the report generally contains no information on specific measures adopted in relation to equal remuneration, including the various initiatives noted by the Committee in its previous comments. The Committee therefore urges the Government to supply detailed information in its next report on the specific steps taken to promote the principle of the Convention and its impact on reducing the gender pay gap, including information on the following:

(i)    relevant measures adopted under the second National Plan for policies for women;

(ii)   measures taken by the Tripartite Committee on equality of opportunity and treatment of gender and race at work and examples of collective agreements which incorporate the principle of equal remuneration for work of equal value;

(iii) action taken by the Committee on equality of opportunity of gender, race, ethnicity, persons with disabilities and combating discrimination; and

(iv)  measures taken in the context of the Ministry of Employment’s programme entitled “Promoting equal opportunities for all”.

The Committee also asks the Government to continue to supply statistical information on levels of remuneration for men and women in the various sectors of activity, disaggregated by occupational category, post and, if possible, by colour and race, in order to enable the Committee to evaluate the progress made. The Committee also refers to its comments on the application of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111).

Article 3 of the Convention. Objective job evaluation. The Committee refers the Government to its general observation of 2006 on the Convention and reminds it that, in order to give full effect to the principle of the Convention, it is important to use objective job evaluation methods which enable different types of jobs to be compared on the basis of entirely objective and non-discriminatory criteria so as to ensure that work predominantly performed by women (“female jobs”) is not undervalued and is paid the same as work of equal value performed by men. The Committee asks the Government to supply information on the steps taken to ensure and promote objective job evaluation.

Parts III to V of the report form. The Committee notes that the units to promote equal opportunities and combat discrimination were replaced by Regional Committees on equal opportunities of gender, race, persons with disabilities and combating discrimination. It also notes that training activities for labour inspectors were carried out in the context of Conventions Nos 100 and 111. The Committee asks the Government to supply information on reported violations of the principle of equal remuneration for men and women for work of equal value brought before the regional committees referred to above, and also on their results and on any relevant court or administrative decisions. It also asks the Government to provide information on any violations of the principle of the Convention reported by the labour inspection services, penalties imposed and remedies provided.