Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

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

The Committee notes the observations of 30 August 2011, of the Single Confederation of Workers of Colombia (CUT) and the Confederation of Workers of Colombia (CTC) concerning the persistence of a marked wage gap between men and women, and reporting that few women are employed in the rural sector and that there is no objective job evaluation mechanism, owing in part to the absence of regulations to Act 1258 of 2008. The Committee asks the Government to send its comments in reply.

Article 1 of the Convention. Work of equal value. Legislation. The Committee has, for a number of years, been asking the Government to amend the provisions of the legislation that are more restrictive than the principle of equal remuneration for work of equal value laid down in the Convention, namely: section 5 of Act No. 823 of 10 July 2003 establishing rules on equal opportunities for women; and section 143 of the Substantive Labour Code. The Committee understands that a bill is under preparation in the Seventh Committee of the Chamber of Representatives “to establish mechanisms to promote affirmative action for wage equality between men and women in Colombia” (Bill No. 015 of 2010). The Committee observes that section 1 of the Bill provides that the purpose of the law is to prevent and combat any unwarranted differential in pay between men and women engaged in the same job, occupation or post with identical functions. Section 4 of the Bill refers to “mandatory guiding criteria for employers regarding payment of equal wages for equal work for men and women”. The Committee notes that these provisions are more restrictive than the principle of “equal remuneration for work of equal value” laid down in the Convention. It recalls that in its general observation of 2006, it emphasized that the concept of “equal value” is essential to addressing occupational segregation, where men and women often perform different jobs under different conditions, and even in different establishments, since it permits a broad scope of comparison. “Work of equal value” includes but goes beyond equal remuneration for “equal”, the “same” or “similar” work, and also encompasses work that is of an entirely different nature, which is nevertheless of equal value (general observation of 2006, paragraph 3). The Committee asks the Government to report on the progress through Parliament of Bill No. 015 of 2010 and to take the necessary measures to ensure that the legislation adopted gives full effect in law to the principle of equal remuneration for men and women for work of equal value laid down in the Convention.

Articles 3 and 4. The Committee notes that the Government provides information on the adoption of an Agenda for equality at work, consisting of an express commitment made by the unions to gender equality in enterprises, in order to strengthen the role of women and to carry out specific measures to ensure their effective inclusion in the labour market. The Agenda sets out 12 strategies that include wage equality, and was signed in March 2009 by 17 country-level unions and 17 private enterprises, and these were joined in June 2010 by 22 unions belonging to the Inter-Union Committee of Valle del Cauca. As a result of the Agenda, an inter-union gender committee was established to pursue the objectives set, and in 2010 an “gender equity model” was adopted with a view to reducing the wage gap. The Committee asks the Government to continue to provide information on the implementation of these and similar measures and on their impact in reducing the wage gap and in giving effect to the principle of the Convention.

The Committee notes that although it contains some general information, the Government’s report does not reply specifically to the pending issues referred to below:

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.

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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.

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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.