Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Equal Remuneration Convention, 1951 (No. 100) - Cuba (Ratification: 1954)

Article 2 of the Convention. Application of the principle of equal remuneration for work of equal value. The Committee notes the Government’s statement that according to the General Regulation on the Organization of Wages (Resolution No. 27/2006), the fundamental elements of the wage system are: scale of complexity, job descriptors, wage rates, additional payments, and payment forms and systems (section 8). The Government states that the job descriptors pertain to title, content, technical and professional requirements and relevant group of the complexity scale. The Government indicates that in establishing the job descriptors objective evaluation methods were used allowing the complexity of jobs to be assessed and their characteristics and requirements to be determined. According to the Government, these elements of the wage system apply to all workers without discrimination. The Committee nonetheless observes that the Government provides no information on how the job descriptors are applied in practice, nor does it indicate whether different jobs have been included in the same complexity group. Furthermore, it provides no specific examples of objective job evaluations carried out in practice that would enable the Committee to assess whether or not the system is in keeping with the principle of the Convention. The Committee points out that the concept of “equal value” requires some method of measuring and comparing the relative value of different jobs that involves an examination of the tasks performed, to be undertaken on the basis of entirely objective and non-discriminatory criteria so as to avoid the assessment being tainted by gender bias. Comparison is not limited to the same establishment or enterprise. It is broader in scope, covering jobs performed by men and women in different places or enterprises, or between different employers. Given the continued prevalence of gender-based occupational segregation, ensuring a broad scope of comparison is essential for the application of the principle of equal remuneration (see General Survey on the fundamental Conventions, 2012, paragraphs 695 and 697). So that it can ascertain whether the mechanisms implemented in the country apply the principle of the Convention, the Committee again asks the Government to provide information on the manner in which the system of job descriptors is applied together with specific examples of objective job evaluations conducted in various enterprises or sectors.

Statistical information. The Committee notes that according to the information supplied by the Government, out of a total of 1,900,300 women workers, 323,500 are operators, 875,500 are technicians, 150,000 are administrators, 435,400 work in services and 115,900 are managers. The Committee also notes that out of a total of 3,084,200 male workers, 1,438,400 are operators, 659,200 are technicians, 118,700 are administrators, 647,200 work in services and 220,700 are managers. The Committee observes that according to these figures, the participation rate of women in the labour market is on average 40 per cent lower than that of men. It further notes that, according to the Government, there is no information on the wage scales applying to the various categories mentioned or on the distribution of men and women in the various wage scale groups. The Committee points out that without statistical information on the average remuneration of men and women in the different sectors, it cannot properly assess the application of the Convention’s principle. Information disaggregated by sex and by sector would allow a comparison of remuneration between sectors where labour is predominately male and those which traditionally employ women, which would indicate whether or not there is a remuneration gap. The Committee points out that appropriate data and statistics are crucial in determining the nature, extent and causes of discrimination and unequal remuneration, in order to set priorities and design appropriate measures, to monitor the impact of such measures, and make any necessary adjustments (see General Survey, 2012, paragraph 891). The Committee requests the Government to take the necessary steps to secure the collection of statistical information, in particular on the distribution of men and women in the various sectors and occupational categories, the wage groups to which they belong and their distribution in each group of the wage scale.

Labour inspection. The Committee notes that according to the Government, the National Labour Inspection Office has detected no infringements linked to the application of the Convention. The Committee points out that the absence of complaints or claims can reflect the lack of an appropriate legal framework, lack of awareness of rights, lack of confidence in or absence of practical access to procedures, or fear of reprisals. In this connection, the Committee draws attention to the importance of training for labour inspectors that builds their capacity to prevent, detect and address issues relating to discrimination in employment. The Committee requests the Government to indicate the measures implemented to train and raise awareness among labour inspectors about discrimination in employment and occupation, and particularly the principle of the Convention.