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

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

Community mothers. In its previous comments, the Committee noted the observations of the Single Confederation of Workers of Colombia (CUT), according to which community mothers (who provide care for young infants) are not recognized as workers and earn less than the minimum wage. The Committee notes the Government’s indication in its report that in 2013 the process of formalizing the work of community mothers was initiated with recognition of 100 per cent of the minimum wage. As from 2014, regulations have been issued respecting the labour relationship between community mothers and the administrators of the Community Households Welfare Programme, which will result in them being covered by the substantive Labour Code. The Committee welcomes this development regarding community mothers and requests the Government to provide information regarding the implementation and enforcement of the recent regulations.

Article 3 of the Convention. Objective evaluation of jobs. In its previous comments, the Committee requested the Government to provide information on the preparation of the decree issuing regulations under Act No. 1496 of 2011 to guarantee equality of wages and labour remuneration for men and women, and particularly, to determine the appraisal factors envisaged in section 4 of the Act. The Committee notes the Government’s indication that it has been decided to amend Act No. 1496 with a view to including evaluation factors that are objective. The Government indicates that for this purpose Bill No. 177 was submitted, which has been approved by the Chamber of Representatives and is currently being examined by the Senate. However, the Committee notes the Government’s indication that it plans to include among the factors of appraisal the educational level of the worker or their work experience. In this regard, the Committee draws the Government’s attention to the apparent confusion between the concept of the evaluation of professional performance, which has the objective of evaluating the manner in which an individual worker has performed her or his work, and the objective appraisal of jobs required by the Convention. The objective appraisal of jobs is the means by which the relative value of jobs is compared based on an examination of the specific tasks that have to be performed in each job. The Committee emphasizes that the objective appraisal of jobs is required to evaluate the specific job, and not the worker in that job. Although the Convention does not specify any particular method of conducting such an appraisal, Article 3 presupposes the use of suitable techniques for the objective appraisal of jobs which allow the comparison of factors such as the skills that are necessary to perform the tasks required for the job, effort and responsibilities, as well as the conditions in which the work or employment is to be performed (see 2012 General Survey on the fundamental Conventions, paragraphs 695–696). The Committee requests the Government to take the necessary measures to ensure that the Bill to amend Act No. 1496 provides for an adequate mechanism for the objective appraisal of jobs which takes into account the criteria specified, as envisaged in Article 3 of the Convention, with a view to ensuring that the principle of equal remuneration for men and women for work of equal value is reflected when establishing or revising job classifications and when determining wages. The Committee requests the Government to provide information on any developments in this regard, including the discussions held on this issue in the Standing Dialogue Commission on Wage and Labour Policies.

Enforcement. The Committee notes that, under the terms of section 7 of Act No. 1496 referred to above, “any difference of treatment in respect of wages or remuneration shall be presumed to be unjustified until the employer demonstrates objective factors for such differentiation”. It notes that, according to the Government, one of the issues that is being examined, in the context of the National Plan for Labour Equality with a Gender Differential Approach for Women is the system of inspection, monitoring and control procedures in relation to equal wages. The Government adds that a protocol is being prepared which will serve as a guide for inspectors with a view to facilitating the identification of cases of wage discrimination. The Committee requests the Government to provide further information on this subject, and on cases of wage discrimination detected by inspectors and submitted to the administrative and judicial authorities, and on the action taken in this regard.