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

Equal Remuneration Convention, 1951 (No. 100) - Guatemala (Ratification: 1961)

The Committee notes the observations of the Trade Union of Workers of Guatemala (UNSITRAGUA) received on 22 October 2014 which refer to issues that are being examined, and the observations of the Guatemalan Trade Union, Indigenous and Peasant Movement (MSICG) received on 5 September 2016. The Committee asks the Government to provide its comments on the latter.

Articles 1 and 2 of the Convention. Gender wage gap. In its previous comments the Committee requested the Government to provide information on the wage gap. The Committee notes that, according to UNSITRAGUA, in some sectors, such as the coffee and palm industries, women receive lower pay than men. The Committee takes note of the statistical information provided by the Government in its report, showing average wages by economic activity disaggregated by sex, for the year 2015. The Committee observes that according to that information, in all sectors other than construction and real estate, the wage differential was favourable to men by percentages ranging from 6 per cent in professional, scientific and technical activities and administrative services, to 47 per cent in the information and communications sector. In the construction and real estate sectors, there were gaps of 33 per cent and 18 per cent, respectively, in favour of women. The Committee notes that the Government provides information on the participation of men and women in the public sector, where women’s participation is higher. The Committee further notes that according to statistics for 2014 compiled by the Economic Commission for Latin America and the Caribbean (ECLAC), the differential in the average wage of men and women rises significantly as the level of training increases. That differential was 21 per cent between men workers and women workers with zero to five years of education and 52.8 per cent between men workers and women workers with 13 or more years of education. The differential is more marked in urban than in rural areas. The Committee requests the Government to examine the underlying causes of wage gaps that favour either men or women (such as vertical or horizontal segregation in occupation, 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 reduce the gap and on progress made in this regard. The Committee also asks the Government to continue to provide statistical information on the participation of men and women in the different sectors of activity and levels of occupation and on the remuneration levels of men and women in the different sectors of activity, disaggregated by sex and by occupational category, to enable the Committee to follow developments in pay differentials.

Article 1(b). Equal remuneration for work of equal value. Legislation. For more than 25 years, the Committee has been referring to various provisions in the national legislation that lay down a principle that is narrower than the one that the Convention establishes on equal remuneration for men and women for work of equal value. In the national legislation, article 102(c) of the Constitution provides for “equal pay for equal work performed under the same conditions and with equal efficiency and seniority”; section 89 of the Labour Code provides that “for equal work performed in the same enterprise in a post and conditions of efficiency and seniority which are likewise equal, there shall be equal pay …” and section 3 of the Civil Service Act (Decree No. 1748 of 1968) provides for “equal pay for equal work performed under equal conditions and with equal efficiency and seniority”. The Committee notes that in its report the Government indicates that to reform Decree No. 1748 a draft initiative is currently before Congress which includes the amendment of section 3 of the Civil Service Act. In the Committee’s view, it is worth recalling once again that the concept of work of “equal value” is broader, going beyond equal remuneration for “equal”, “the same” or “similar” work to encompass work that is of an entirely different nature but nevertheless of equal value. This concept lies at the heart of the right of equal remuneration for men and women for work of equal value and is fundamental to tackling occupational sex segregation in the labour market, as it permits a broader scope of comparison since it is not limited to comparing men and women in the same establishment or enterprise but allows for a much broader comparison to be made between jobs performed by men and women in different places or enterprises, or between different employers (see 2012 General Survey on the fundamental Conventions, paragraphs 669, 673 and 697–699). The Committee trusts that the initiative to reform the Civil Service Act (Decree No. 1748) will yield results in the near future and that in the context of the reform, section 3 of the Act will be amended to give full legislative expression to the principle of the Convention. The Committee requests the Government to take steps without delay to amend section 89 of the Labour Code so as to include also the principle of equal remuneration for men and women for work of equal value. It further requests the Government, in a future amendment of the Constitution, to envisage amending article 102(c) in order to align it fully with the Convention. The Committee requests the Government to provide information on any developments in this regard and reminds it that, should it so wish, it may seek technical assistance from the Office on this matter.

The Committee welcomes the ILO project financed by the European Commission (DG Trade) to give support to the beneficiary countries of the GSP+ (generalized system of preferences) programme for the effective application of international labour standards, focussing on four countries including Guatemala.

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