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

Equal Remuneration Convention, 1951 (No. 100) - Colombia (Ratification: 1963)

Article 1 of the Convention. Remuneration. The Committee notes that the Government’s report does not supply any information on the Committee’s comments regarding the communication of 15 August 2007 from the Single Confederation of Workers of Colombia (CUT) concerning the narrow definition of remuneration in the legislation. The Committee asks the Government once again to take the necessary steps to ensure that account is taken not only of the ordinary, basic or minimum wage or salary but also of “any additional emoluments whatsoever payable directly or indirectly, whether in cash or in kind, by the employer to the worker and arising out of the worker’s employment” to ensure equal remuneration for men and women for work of equal value. The Committee asks the Government to include information in this respect in its next report.

Work of equal value. For a number of years the Committee has been pointing out that certain legislative provisions should be amended, specifically section 5 of Act No. 823 of 10 July 2003 concerning equal opportunities for women, and also section 143 of the Substantive Labour Code, which establish a narrower principle than the one set forth in the Convention since they refer to equal wages for “equal work” and not for “work of equal value”. The Committee urges the Government to amend the abovementioned provisions to bring them into line with the principle of equal remuneration for men and women for work of equal value, and to provide information on steps taken in this regard.

Article 2. The Committee notes the adoption of Act No. 1257 of 4 December 2008 establishing standards regarding awareness raising, prevention and penalties relating to violence and discrimination against women. The Committee also notes the reform of the Penal Code and the Code of Criminal Procedure, the adoption of Act No. 294 of 1996 and of other provisions. In particular, section 12 establishes that the Ministry of Social Protection will promote the social and economic recognition of the work of women and will implement mechanisms for enforcing the right to equal remuneration. The Committee hopes that the planned mechanisms will include effective measures to ensure equal remuneration for work of equal value and not only for equal work, in order to effectively address pay discrimination against women. The Committee asks the Government to supply information on these mechanisms and their implementation.

Articles 3 and 4. The Committee again asks the Government to supply information in its next report on the way in which it collaborates with the employers’ and workers’ organizations concerned in order to apply the provisions of the Convention, and in particular on any training activities relating to the principle of the Convention and the adoption of measures for promoting objective job evaluation on the basis of the tasks involved.

Research and statistical information. The Committee notes the information supplied in the Government’s report on the application of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), concerning the research undertaken to compare the income of men and women in the private sector with a view to making progress in identifying possible reasons for the persistent wage gaps in the country. The Committee would welcome further information on the results of, and follow-up to, research on the gender wage gap. The Committee asks the Government once again to supply statistical information to the extent possible, in accordance with its 1998 general observation, namely with regard to:

(i)    the distribution of men and women in the public sector, the federal and/or state civil service, and in the private sector by earnings levels and hours of work (defined as hours actually worked or hours paid for), classified by: (1) branch of economic activity; (2) occupation or occupational group or level of education/qualification; (3) seniority; (4) age group; (5) number of hours actually worked or paid for; and, where relevant, by (6) size of enterprise and (7) geographical area; and

(ii)   statistical data on the composition of earnings (indicating the nature of earnings, such as basic, ordinary or minimum wage or salary, premium pay for overtime and shift differentials, allowances, bonuses and gratuities, and remuneration for time not worked) and hours of work (defined as hours actually worked or paid for), classified according to the same variables as the distribution of employees (subparagraphs (1) to (7) of paragraph (i) above).

Monitoring of application. The Committee asks the Government once again to supply information on the inspection unit’s activities in relation to the principle of equal remuneration for men and women for work of equal value.