Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

Equal Remuneration Convention, 1951 (No. 100) - San Marino (Ratification: 1985)

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments initially made in 2008. The Committee also notes that the Government had been requested to provide information to the Committee on the Application of Standards at the 106th Session of the International Labour Conference for failure to supply reports and information on the application of ratified Conventions.

Repetition

Article 1 of the Convention. Equal remuneration for work of equal value. The Committee notes the Government’s indication that, although the principle of equal remuneration between men and women for work of equal value is not expressly provided for in Law No. 40 of 1981 on gender equality in the labour market, it can, nonetheless, be considered implicitly covered by this legislation in that the Law requires the adoption of common criteria for women and men under the job classification systems used to determine remuneration rates. The Committee, however, considers that it is not clear whether these common criteria would also be applied when comparing jobs of a different nature. The Committee asks the Government to: (i) clarify the extent of the provision of Law No. 40 of 1981 concerning job classification systems; (ii) indicate any judicial or administrative decisions applying Law No. 40 of 1981 in line with the principle of the Convention; and (iii) provide information on the job classification methods used in accordance with the Law and on the manner in which it is ensured that the criteria followed are not intrinsically discriminatory and do not undervalue jobs traditionally performed by women.

Enforcement. The Committee asks the Government to provide information on the activities carried out by the Commission for Equal Opportunities with respect to the application of the principle of equal remuneration for work of equal value, including information on the assessment of the implementation of relevant laws and regulations.

Statistics. The Committee notes the statistical information provided by the Government. The Committee encourages the Government to gather and supply statistical information disaggregated by sex on remuneration levels of men and women in the various sectors and occupational categories. The Committee also asks the Government to provide information on any relevant violations detected by the labour inspection services and any other information that could help the Committee gain a general appreciation of the degree of application of the Convention in the country.