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

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

The Committee notes the observations of the Confederation of Workers of Colombia (CTC) and the Association of Officials of the Medellín Municipality (ADEM) of 29 October 2011, and the Government’s reply. The Committee also notes the observations of 31 August 2012 from the Single Confederation of Workers of Colombia (CUT), and those of 5 September 2012 from the General Confederation of Labour (CGT). The Committee further notes the observations of the International Organisation of Employers (IOE) received on 8 September 2012. The Committee asks the Government to send its observations on the above comments.

Article 1 of the Convention. Work of equal value. Legislation. The Committee notes that the Government reports on the adoption of Act No. 1496 of 29 December 2011, which guarantees equality of pay and remuneration between men and women. The Government states that the Act establishes wage assessment factors such as the nature of the work to be performed, the conditions for admission to the job and conditions of work. The Act provides that enterprises, both public and private, shall keep a register recording profile tasks assigned and remuneration by sex. The Ministry of Labour shall carry out audits for the purpose of assessing the enterprise’s equal wage practices and procedures are established to apply sanctions for breach of wage equality. The Government indicates that there are not as yet any implementing regulations. The Committee notes that the CUT refers to the Act indicating that it was not the subject of consultation with the trade unions and that there is no mechanism for an objective evaluation of jobs. The Committee notes in this connection that although section 7 of Act No. 1496, which amends section 143 of the Labour Code, is entitled “Equal pay for work of equal value”, it provides (first paragraph) that “there shall be equal pay for equal work performed in equal posts with equal hours of work and equal conditions of efficiency ...”. The Committee notes that this is narrower than the principle of the Convention because it does not capture the concept of “work of equal value”: “equal value” goes beyond equal remuneration for “equal”, “the same” or “similar” work and encompasses in addition jobs that are of an entirely different nature but which are nevertheless of equal value. The Committee considers that insistence on factors such as “equal conditions of work, skill and output” can be used as a pretext for paying women lower wages than men (see General Survey on the fundamental Conventions, 2012, paragraphs 673 and 677). The Committee asks the Government to take the necessary steps to ensure that the principle enshrined in the Convention, namely equal remuneration for work of equal value, is fully reflected in the legislation, and asks it to take the principle into account when the regulations to implement Act No. 1496 are being drafted. The Committee asks the Government to provide information on the progress made in this regard. While noting that according to section 4 of the Act, the Ministry of Labour and the Standing Committee for consultation on wage and labour policies are to determine by agreement the criteria for applying the wage assessment factors to be used by employers in determining remuneration, the Committee asks the Government to provide information on the effect given to section 4 of the Act and on the manner in which this provision promotes objective job evaluation, as envisaged in Article 3 of the Convention.

Remuneration. The Committee notes the Government’s statement that according to section 127 of the Substantive Labour Code, as amended by Act No. 50 of 1990, “wages shall consist not only of ordinary remuneration, whether fixed or variable, but of everything the worker receives in cash or kind in direct exchange for service ... allowances, premiums, ordinary bonuses, ... overtime ...”. The Government adds that this definition was confirmed by the Constitutional Court in Decision No. C-892 of 2009. The Committee notes that according to the relevant paragraph of that decision, transcribed by the Government, the term “wages” does not cover remuneration for the worker during compulsory rest (holidays and non-work days) or any cash or goods the worker receives in order to perform his or her duties properly such as for travel. While noting this information, the Committee asks the Government to ensure that remuneration during compulsory rest and any money or goods workers receive in order to perform their duties properly which, according to the Constitutional Court, do not constitute wages, are provided to workers without distinction as to sex, in accordance with the principle of the Convention.

Article 2. The Committee notes that, according to the Government, Decree No. 4463 of 25 November 2011 was adopted to regulate Act No. 1257 setting out rules on awareness raising, prevention and punishment relating to forms of violence and discrimination against women. An objective of the Decree is to define the actions needed to promote social and economic recognition of the work of women and establish mechanisms to make equal remuneration for men and women effective. The Committee notes that according to the CUT, there are no reports on the results of the implementation of these provisions. The Government reports on the drafting of the Ministry of Labour’s national plan for employment equity with a differential gender focus for women, which provides for the development of preventive measures and the reduction of unemployment and informal employment among women, and the design of a monitoring system. The plan also provides for strategies to eliminate the pay gap between men and women which include the redistribution of social roles, recognition of the care economy and the incorporation of women in sectors of economic activity which are predominantly male. Furthermore, pursuant to Resolution No. 404 of 22 March 2012, internal working groups were set up in the various territorial departments of the Ministry of Labour to develop strategies for the dissemination of women’s rights at work and for the preventive inspection of workplaces with a view to avoiding all violations of equal remuneration. The Committee asks the Government to provide information on the practical results obtained through the implementation of the national plan for employment equity with a differential gender focus for women in terms of the effect given to the principle of equal remuneration for men and women for work of equal value, laid down in the Convention, and its impact in terms of reducing the gender pay gap. Please provide information on the establishment of the monitoring system envisaged in the plan and on the preventive inspection visits to workplaces carried out with a view to ensuring equal remuneration.

Community mothers. The Committee notes the CUT’s observations to the effect that community mothers, whose job is to provide childcare for infants, are not recognized as workers and earn less than the minimum wage. The Committee asks the Government to send its comments on this subject.

Articles 3 and 4. The Government states that in accordance with section 6 of Act No. 1496, work has been undertaken jointly with the Standing Committee for consultation on wage and labour policies to draft a decree regulating the Act. Work is also under way in conjunction with the United Nations Development Programme (UNDP) to develop an equity seal for the certification of private companies and public institutions that undertake systemic changes and adopt new attitudes with a view to incorporating gender equity. The Committee notes that in its observations the CUT states that the Act was not submitted for consultation and that the Standing Committee met only once – unsuccessfully – to draft the regulatory decree and determine criteria for applying the assessment factors provided for in section 4 of the Act. The Committee asks the Government to continue to provide information on the implementation of these measures and on the measures adopted under the Agenda for Equality at Work and the Inter-Union Gender Committee, to which the Government referred in its previous report.

Statistical information. The Committee notes the information provided by the Government to the effect that, out of a total of 7,785,503 workers in the public and private sectors, 3,148,805 are women (40 per cent). In the public sector, women account for 51 per cent of the workforce. These statistics show that occupational segregation persists, since women are still poorly represented in sectors where men predominate traditionally, such as construction, electricity, agriculture and mining. The Committee notes that with the implementation of the recently adopted Act No. 1496, the Government plans to develop training programmes for women in the construction sector as a way of combating occupational segregation. The Committee observes, however, that the Government provides no information on the remuneration rates of men and women. It notes that according to the CUT, there was a 17.7 per cent wage gap between men and women in 2011, which rose to 20.2 per cent in the first quarter of 2012. The Committee asks the Government to provide information on the implementation of the women’s training programme in the construction sector, indicating whether it is to be extended to other sectors, and to continue to provide statistical information on the status of men and women in the labour market and on their distribution in the various occupations, jobs and economic sectors. Please also provide statistical information on the remuneration rates of men and women in the public and private sectors disaggregated by occupation and on measures taken to address the gender pay gap.

Enforcement. The Committee notes the information provided by the Government to the effect that four investigations are under way in connection with non-compliance with equal wages under Act No. 1496. The Committee asks the Government to provide information on the status of these and any other investigations and on any complaints addressed by the labour inspectorate or the judicial authority relevant to the application of the principle of the Convention.