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

Equal Remuneration Convention, 1951 (No. 100) - Nicaragua (Ratification: 1967)

Equal remuneration for men and women for work of equal value. The Committee notes the adoption of Act No. 648 of 12 March 2008 on equal rights and opportunities, section 19(2) of which establishes that employment policies, plans, programmes and projects promoting insertion in the labour market must adopt the approach that women and men shall receive equal remuneration for equal work, in accordance with their occupational experience, academic qualifications and level of responsibility, and also enjoy the corresponding labour rights and social benefits. Section 20 also provides that, in occupations where it is proven that women receive less pay or fewer benefits than men for equal responsibilities and qualifications, the Ministry of Labour must adopt measures to ensure immediate levelling up of pay and equal treatment in the application of the benefits concerned. With reference to its previous comments and the 2006 general observation, the Committee reiterates the importance for the proper application of the principle of the Convention, of the inclusion of the concept of equal value in the national legislation and in any system for determining rates of remuneration, as established by Article 2 of the Convention. The Committee emphasizes that the legislation should not only provide for equal remuneration for work which is equal, the same or similar, but should also prohibit pay discrimination and require equal remuneration where men and women perform work which is entirely different but nevertheless of equal value. Recalling that the principle of the Convention does not contradict the terms of article 82(1) of the Constitution but is simply broader in scope and can be applied by means other than the Constitution, the Committee asks the Government to contemplate incorporating the principle of equal remuneration for work of equal value in the national legislation.

The Committee also notes that Ministerial Accord No. JCHG-003-08, whereby a provision for verifying the observance of women’s rights was included in the technical inspection guide, states that there must be equal pay for men and women workers. The Committee notes the information supplied by the Government in its report on the application of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), stating that a system for monitoring men’s and women’s pay in both the public and private sectors would be established. The Committee asks the Government to supply information on the progress made in the establishment of the pay monitoring system and the results achieved.

Application of the principle in the public sector. The Committee notes that, with the introduction of human resources management systems in the public administration, the basis used is the organizational content of posts measured in terms of competence, problem-solving and responsibility. The Committee asks the Government to supply statistical information on public service pay levels, disaggregated by sex and professional category, so that it can observe the progress made by the Government in rectifying gender pay gaps in the public service.

Other means of applying the principle of the Convention. The Committee notes that section 19(10) of Act No. 648 on equal rights and opportunities establishes that the State shall promote awareness and the establishment of agreements to ensure that collective agreements include clauses promoting equal remuneration. The Committee asks the Government to supply information on the progress made in promoting objective job evaluation in the private sector, including the manner in which the Government cooperates with the employers’ and workers’ organizations concerned for the purpose of giving effect to the provisions of the Convention in the public and private sectors.