Observation (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.

Articles 1 and 2 of the Convention. Gender pay gap. In its previous comments the Committee requested the Government to take specific measures, together with the social partners, to address adequately the gender pay gap, and to provide statistical information, disaggregated by sex, on the participation of men and women in the labour market and in the public and private sectors. The Committee notes that, according to figures established by the National Statistics Institute, in June 2015 in the private sector the wage differential between men and women stood at 10 per cent in women’s favour and in the public sector at 3 per cent in favour of men. An examination of the gender wage gap by branch of activity reveals that in certain sectors where women’s participation in the labour market is significantly lower than that of men, there is a wage differential that favours women. For example, the provision of gas and air conditioning industry (approximately 25 per cent), the manufacturing industry (approximately 17 per cent) and the hotel and restaurant industry (approximately 17 per cent), in construction (31.19 per cent) and in professional, scientific and technical activities (15.14 per cent). Furthermore, in some sectors where women predominate such as health care and social assistance or teaching, the pay gap is in women’s favour but to a much lesser extent (for example 6.57 in education). In other sectors, where men’s participation is greater than that of women, the wage differential favours men, for example in finance and insurance (approximately 18 per cent) or in information and communications (approximately 17 per cent). The Committee further notes that although women’s participation in the labour market increased from 34.9 per cent in May 2011 to 39.95 per cent in June 2016, it is still low and significantly below that of men (60.05 per cent in June 2016). As to the underlying causes of the wage differential in favour of women in sectors where men are predominant, the Committee has been able to ascertain on other occasions that this is due to the fact that the few women who do work in those sectors have a higher level of training and therefore hold more senior positions, including management posts, and accordingly receive higher salaries than men. As regards the wage differential in favour of women in the health and education sector, the Committee observes that the gap is narrow, which may be attributable to the fact that education and health are largely the domain of the public sector, where there is a lower wage differential between men and women. Noting that in its report the Government undertakes to tackle the gender pay gap together with the employers’ and workers’ organizations, the Committee asks the Government to examine the causes of the wage differential in favour of men or in favour of women (for example, vertical or horizontal occupational segregation, level of education and vocational training of men and women, family responsibilities or wage structures), and to provide detailed information on the specific measures that have been taken to address the wage differential and on the progress made. It also requests the Government to provide information on the measures taken or envisaged to improve men’s and women’s access to a broader range of jobs that offer career prospects and higher pay, including in sectors where men predominate, in order to reduce the inequality in men’s and women’s remuneration. It also asks the Government to continue to provide statistical information on the participation of men and women in the different sectors of activity and on the levels of remuneration of men and women in the different sectors of activity, disaggregated by sex and occupational level.

Article 1(b). Work of equal value. Legislation With regard to the need to amend section 367 of the Labour Code and section 44 of the Equal Opportunities for Women Act of 2000 (LIOM), which establish equal pay for equal work, the Committee notes the promulgation of Decree No. 27-2015 of 7 April 2015 which prohibits “the establishment of different wages in the same category of paid work, whether performed by men or by women, for work of equal value”. The Committee further notes the draft amendment of LIOM section 44 submitted by the National Institute for Women (INAM) to Parliament, which provides for “equality of remuneration between men and women for work of equal value without discrimination provided that the nature of the post, working time and length of service are likewise equal”. The Committee recalls in this connection that the concept of “work of equal value” established in the Convention encompasses not only equal remuneration for work performed under equal conditions of work, skill and output, but also equal remuneration for jobs that may be entirely different in nature but nevertheless of equal value (see 2012 General Survey on the fundamental Conventions, paragraphs 667 and 679). The Committee requests the Government to take the necessary measures to amend section 367 of the Labour Code, section 44 of the LIOM and Decree No. 27-2015 of 7 April 2015 so as to include the principal of equal remuneration for men and women for work of equal value, and to provide information on all developments in this regard. The Committee reminds the Government that, should it so wish, it may seek technical assistance from the Office to this end.

The Committee is raising other matters in a request addressed directly to the Government.