Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Equal Remuneration Convention, 1951 (No. 100) - Honduras (Ratification: 1956)

The Committee notes the observations of General Confederation of Workers (CGT) and the Honduran National Business Council (COHEP) sent with the Government’s report and the Government’s replies to them. It also notes the observations of COHEP received on 31 August 2016, which are endorsed by the International Organisation of Employers (IOE) and which refer to the application of the Convention in general and to the issues being examined. The Committee requests the Government to provide its comments on the latter.

Article 2 of the Convention. Minimum wages. In its previous comments, the Committee requested the Government to indicate how the principle of the Convention is applied in setting minimum wages by sector of activity, and how it is ensured that these wages are set on the basis of objective criteria that are free from gender bias. The Committee notes the information provided by the Government in its report to the effect that the minimum wage is set on a tripartite basis by branch of economic activity and taking the number of employees and size of enterprise as criteria. The Committee recalls that there is a tendency to set lower wages for sectors predominantly employing women. Due to such occupational segregation, special attention is needed in the design or adjustment of sectoral minimum wage schemes to ensure that the rates fixed are free of gender bias and, above all, that certain skills considered to be “female” are not undervalued (see 2012 General Survey on the fundamental Conventions, paragraph 683). With regard to the maquila sector, the Committee notes that, according to the Honduran National Business Council (COHEP), 52 per cent of workers in the maquila textile industry are men and 48 per cent, women. The Committee also notes that the Government reports the adoption, on 19 December 2014, of the “Agreement for the Promotion of Investment, Employment Protection, Health and Access to Housing for Workers in the Honduran Maquila Textile Sector”, setting the minimum wage for enterprises in the maquila sector with a gradual increment rising from 6.5 per cent in 2015 to 8 per cent in 2018. The Committee requests the Government to provide information on the manner in which it ensures in practice that the wage rates set free of gender bias and above all do not undervalue certain skills considered to be “female”, and to provide copies of the wages set in these sectors. It further asks the Government to provide information on the practical effect given to the “Agreement for the Promotion of Investment, Employment Protection, Health and Access to Housing of Workers in the Honduran Maquila Textile Sector” and on its impact on wages in the maquila sector.

Article 3. Objective job evaluation. With regard to the need to adopt a mechanism for objective job evaluation that makes it possible to measure and compare the relative value of jobs on the basis of objective and non-discriminatory criteria that are free of gender bias, the Committee notes that the Government reports that there is no such mechanism at present but that one is expected to be adopted. The Committee recalls that the concept of “equal value” requires some method of measuring and comparing the relative value of different jobs. There needs to be an examination of the respective tasks involved, undertaken on the basis of entirely objective and non-discriminatory criteria to avoid the assessment being tainted by gender bias. While the Convention does not prescribe any specific method for such an examination, Article 3 presupposes the use of appropriate techniques for objective job evaluation, comparing factors such as skill, effort, responsibilities and working conditions (see 2012 General Survey, paragraph 695). Bearing in mind that the legislation does not include the principle of equal remuneration for men and women for work of equal value, as provided for in the Convention, and in order to facilitate the application of that principle in practice, the Committee requests the Government to ensure that, when adopting any objective job evaluation mechanism, it makes it possible to measure and compare the relative value of jobs on the basis of objective and non-discriminatory criteria that are free from gender bias, such as skill, effort, responsibilities and working conditions.

Article 4. Cooperation with workers’ and employers’ organizations. In its previous comments, the Committee requested the Government to provide information on the inclusion of the principle of equal remuneration for work of equal value in the agenda of the tripartite Economic and Social Council (CES). The Committee notes that the Government reports that it is not possible to influence the parties to collective agreements to include clauses that guarantee equal remuneration. According to COHEP, however, the matter has not been raised for discussion in the CES. The Committee requests the Government to adopt measures setting up activities to raise awareness among employers’ and workers’ organizations about the importance of the principle set in the Convention, and invites the Government to propose that issues pertaining to the application of the Convention be examined in the CES.

Application in practice. In its previous comments, the Committee requested the Government to provide information on any court decisions relating to the application of the principle of the Convention, and on how the application of the principle of equal remuneration for men and women for work of equal value is ensured in the employment and economic development zones (ZEDEs). The Committee notes that, according to the Government, there have been no court decisions relating to the principle of the Convention. With regard to the ZEDEs, the Government reports that these are not in operation as of yet. The Committee requests the Government to continue to provide information on any court decisions handed down concerning the application of the principle of the Convention. It also requests the Government to provide information on any developments regarding the opening of the ZEDEs and on how the application of the principle of equal remuneration for men and women for work of equal value will be ensured in these zones.