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

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

The Committee notes the Government’s communications in reply to the observations submitted by the Confederation of Workers of Argentina (CTA) on 31 August and 7 September 2012, and by the General Confederation of Labour of the Argentine Republic (CGT RA) on 21 September 2012. The Committee also notes the observations of the Confederation of Workers of Argentina (CTA Autonomous) received on 1 September 2015 and the observations of the General Confederation of Labour of the Argentine Republic (CGT RA) received on 2 September 2015, and also the Government’s reply thereto.

Articles 1 and 2 of the Convention. Gender pay gap and occupational segregation. In its previous comments, the Committee asked the Government to send statistical information by sector on the participation of men and women in the labour market, and to indicate the steps taken to address specifically the gender pay gap and occupational segregation in the labour market. The Committee notes that the CTA Autonomous claims that the policies implemented by the Government so far have not succeeded in bridging the gender pay gap. The Committee also notes the Government’s indication that the gender pay gap decreased from 27.8 per cent to 23.7 per cent between 2004 and 2014, owing to the increase in the registration of labour which enabled workers to have access to income fixed by collective agreements, which tend to neutralize the actual disparity in unregulated areas, where the pay gap was 39.4 per cent in 2013. The Government also indicates that the pay gap decreases as women’s qualification levels increase, standing at 36 per cent for unskilled workers, 20 per cent for professional workers, 23 per cent for technical workers and 18 per cent for manual workers. However, the Committee notes the observations of the CGT RA’s indicating that the pay gap has increased in the area of unregistered employment, where women outnumber men. The Committee notes that, according to the data compiled by the “Gender and Labour Market Statistical Bulletin” of the Ministry of Employment, Labour and Social Security (hereinafter, referred to as the “Ministry of Labour”), the rate of unregistered employment was 34.6 per cent for women and 31.8 per cent for men in the fourth quarter of 2013. Moreover, according to the information supplied by the Directorate of Labour Inspection and Social Security, the sectors with the greatest participation of women in the first quarter of 2014 were domestic work (99 per cent), education (78 per cent) and health (70 per cent). By contrast, the sectors of the labour market with the lowest numbers of women were construction (2 per cent), and mining and quarrying (4 per cent). The Committee recalls that the continued persistence of significant gender pay gaps requires that governments, along with employers’ and workers’ organizations, take more proactive measures to raise awareness, make assessments, and promote and enforce the application of the principle of equal remuneration for men and women for work of equal value. Collecting, analysing and disseminating this information is important in identifying and addressing inequality in remuneration (see 2012 General Survey on the fundamental Conventions, paragraph 669). The Committee requests the Government to continue taking measures to reduce the gender pay gap and address the occupational segregation existing in the labour market. It also requests the Government to send information in this regard, including statistical information to enable the identification of any trends in the participation of men and women in the labour market, including information on pay disaggregated by sex, economic sector and occupation.

Articles 2 and 3. Public sector. In its previous comments, the Committee asked the Government to send information on the measures taken to promote greater representation of women in ministries and public entities, and in executive positions in public administration. The Committee notes that, according to the data of the “Gender and Labour Market Statistical Bulletin”, the proportion of women in the public sector was 52.8 per cent in June 2014. The Committee also notes the Government’s statement relating to the representation of women solely at the Ministry of Labour, where there are 54 per cent women and 46 per cent men. Nevertheless, only 36 per cent women hold cabinet posts and 45 per cent women hold senior management posts. The Government has not sent any information on the representation of men and women in other sectors of the administration. The Committee requests the Government to supply information on the measures taken to promote greater representation of women in the ministries and public entities in which they are under-represented and in executive positions in public administration, and to provide statistical information, in this regard.

Private sector. The Committee previously asked the Government to provide information on the impact in practice of the “New Skills Programme for Women”, and of any other measures taken to eliminate gender stereotypes in society. The Committee also asked the Government to provide information on the manner in which the enterprises certified under the “Network of Non-Governmental Entities” programme implement, in practice, the principle of equal remuneration for men and women for work of equal value. The Committee notes that, according to the data of the “Gender and Labour Market Statistical Bulletin”, the proportion of women in the private sector was 32 per cent in June 2014. As regards the steps taken to eliminate gender stereotypes, the Committee notes the Government’s statement that, as part of the “New Skills Programme for Women”, a training course in public transport and another in motor mechanics were held but have not yet been repeated. The Committee also observes that the Government has sent a report from the National Institute against Discrimination, Xenophobia and Racism (INADI), which indicates that local discussion groups and training bodies have been organized with the objective of identifying how occupational segregation and domestic responsibilities perpetuate major inequalities in areas such as labour and economics. The Committee requests the Government to continue taking steps in all sectors of occupation and of the economy to increase the labour participation of women and to eliminate gender stereotypes in society. The Committee also requests the Government to supply information on the manner in which the enterprises certified under the “Network of Non-Governmental Entities” programme implement, in practice, the principle of equal remuneration for men and women for work of equal value. The Committee further requests the Government to provide specific information on any developments concerning the draft comprehensive reform of the Employment Contracts Act.

Article 3. Objective job evaluation. The Committee requests the Government to send information on the measures taken or contemplated to promote the objective evaluation of jobs to ensure equal remuneration for men and women for work of equal value, in accordance with the Convention. The Committee also requests the Government to supply information on the measures taken to promote the incorporation of the principle of the Convention into collective agreements and the impact thereof on collective agreements that have been concluded.