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

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

The Committee notes the observations of the Confederation of Workers of Colombia (CTC), of 28 August 2015. The Committee also notes the observations of the General Confederation of Labour (CGT), of 2 September 2015. The Committee further notes the Government’s reply to the observations of the CTC and the CGT, of 28 November 2015. Moreover, the Committee notes the observations of the National Employers Association of Colombia (ANDI) and the International Organisation of Employers (IOE), of 27 August 2013 and 1 September 2015, which refer to the measures adopted by the Government to give effect to the Convention, and the Government’s reply to the 2013 observations, received on 6 November 2013.

Articles 1 and 2 of the Convention. Gender pay gap. The Committee notes the Government’s indication in its report that the gap in average monthly income from labour in Colombia fell from 21.4 per cent in 2013 to 20.8 per cent in 2014. The Government has also provided statistical data on: the number of employed persons by sector and by sex at the national level; the number of employed persons by branch of economic activity, showing the persistence of significant occupational segregation (women are concentrated in services and commerce); and the number of employed persons by educational level and by sector, showing that the lower the education level of women, the lower their integration into the labour market. In this regard, the Committee notes the indication by the CGT that the higher the levels within an occupation, the greater the wage gap. The Government also provides information on the implementation of the National Plan for Labour Equity with a Gender Differential Approach for Women, which includes action on three levels: the Equipares labour equity label, the strengthening of inspection and monitoring to identify cases of gender discrimination, including wage discrimination, and awareness-raising measures on wage discrimination and the dissemination of the National Plan among the social partners. The Committee, however, notes that information has not been provided on the specific measures adopted within the framework of the National Plan to reduce the existing pay gap. The Committee further notes that, according to the Government, section 5 of Act No. 1496 of 2011 guaranteeing equal wages for men and women establishes the requirement to keep records of the profile and allocation of positions by sex, functions and remuneration in enterprises with over 200 workers. In this regard, taking into account that a significant number of enterprises have fewer than 200 employed persons, the Committee considers that this measure does not enable adequate monitoring of trends in the labour market participation of men and women and does not provide a basis for promoting equal remuneration for men and women in enterprises with fewer than 200 employed persons. The Committee requests the Government to take specific measures with a view to increasing the labour market participation of women and reducing the significant occupational segregation between men and women, including through the diversification of the vocational training and education provided for women to careers and occupations traditionally occupied by men. The Committee requests the Government to provide information on the measures adopted in the context of the National Plan for Labour Equity with a Gender Differential Approach for Women and their impact in terms of reducing the pay gap at all occupational levels. The Committee further requests the Government to continue providing statistical information on the labour market participation of men and women by sector, economic branch and educational level, disaggregated by gender, in the public and private sectors, including in enterprises with fewer than 200 workers.

Article 1(b). Equal remuneration for work of equal value. Legislation. In its previous comments, the Committee noted the adoption of Act No. 1496 of 2011, which provides in section 7 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 considered that this definition is narrower than the principle of equal remuneration for men and women for work of equal value set out in the Convention and requested the Government to take the necessary measures to ensure that this principle is adequately reflected in the legislation, particularly when adopting the implementing regulations of the Act. The Committee notes the CTC’s indication that the implementing decree has not yet been adopted. The Committee notes the Government’s indication that, due to technical problems relating to objective factors in the allocation of remuneration, regulations have not been adopted under the Act and it is planned to amend the Act. The Government reports that Bill No. 177 of 2014 has been submitted and has already been approved by the Chamber of Representatives, and is currently being examined by the Senate. However, the Committee notes that this Bill does not envisage the amendment of section 7 of the Act. Nevertheless, the Government indicates in its report that the Committee’s comments on the concept of “work of equal value” will be taken into account when making the final adjustments to the Bill to amend Act No. 1496. The Committee once again recalls that the principle of the Convention is not restricted to equal work, but includes work of equal value, which includes, but goes beyond equal remuneration for “equal”, “the same” or “similar” work and also encompasses work that is of an absolutely different nature, but nevertheless of equal value. The Committee trusts that the Government will take the necessary measures to ensure that the principle of equal remuneration for men and women for work of equal value is adequately reflected in the Bill to amend Act No. 1496 of 2011. The Committee requests the Government to provide information on any developments in this regard.

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