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

Equal Remuneration Convention, 1951 (No. 100) - Brazil (Ratification: 1957)

The Committee notes the observations of the National Confederation of Industry (CNI), received on 29 August 2017, of the International Organisation of Employers, received on 1 September 2015 and 31 August 2017, and of the Federal Council of Medicine (CFM), received on 29 January 2015 and 5 November 2015, as well as the Government’s reply, received on 5 November 2015.

Gender pay gap. The Committee notes the Government’s indication in its report that the gender pay gap (average real remuneration) fell from 27.69 per cent in 2009 to 25.83 per cent in 2014. The average remuneration of men was higher than that of women in all sectors in 2013, except for construction, but that the difference has been decreasing. When taking into account remuneration from formal work only, the Committee notes that the gender pay gap has remained virtually unchanged since 2002 (17.66 per cent in 2002 to 17.65 per cent in 2013). According to the Government’s report, the gender pay gap is particularly wide among highly educated workers. The Government also indicates that 8.5 per cent of women (compared to 4.7 per cent of men) were in unpaid work and that 18 per cent of economically active women were in domestic work. The Committee also notes the statistical data provided by the Government in its report under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), according to which the gap in the average income of “black women” compared to that of “white men” was 49.16 per cent in 2013. With regard to the measures adopted to reduce the pay gap between men and women, the Government underlines that the policies implemented to increase the minimum wage led to a rise in the average remuneration of women. The Committee notes the information provided by the Government on the activities undertaken by the Ministry of Labour and Employment to improve the rights of domestic workers. The Government also reports on measures adopted by the Secretariat for Women’s Policies (SPM) to address gender stereotypes in vocational training and education and capacity-building initiatives to promote women’s economic empowerment and entrepreneurship. While noting this information, the Committee draws the Government’s attention to the fact that the continued persistence of significant gender pay gaps requires governments, along with employers’ and workers’ organizations, to 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. The Committee therefore requests the Government to continue to supply detailed information on the measures taken or envisaged to address more effectively the structural causes of the gender pay gap and to promote the principle of the Convention, including information on the impact in practice of the activities undertaken by the Secretariat of Women’s Policies in narrowing the gender pay gap. It asks the Government to continue to provide detailed statistical information on the levels of remuneration in the various economic sectors, disaggregated by sex, occupational category and, if possible, by colour and race, so as to enable the Committee to assess the progress made.

Article 1 of the Convention. Equal remuneration for work of equal value. Legislation. The Committee notes the observation of the CNI and by the IOE indicating that a new Law (No. 13.467/2017) has been adopted to amend the Consolidation of Labour Laws (CLT). The Committee notes that the amended section 461 of the CLT guarantees the right to equal remuneration without discrimination on the grounds of sex, ethnicity, nationality or age to workers “performing the same functions, for all work of equal value, rendered to the same employer, in the same business establishment”, and that paragraph (1) of this provision defines work of equal value as work “performed with the same productivity and technical perfection, among people working for the same employer with a difference of length of years of service for that employer of not more than four years and with a difference of length of tenure in the post of not more than two years”. The Committee also notes the Government’s indication that four Bills are still being considered by the national Senate and Congress. These Bills cover the promotion of equality (No. 6653/2009), equal opportunities and treatment for women in employment (No. 136/2011), combating unequal remuneration between women and men (No. 130/2001) and prohibiting unequal pay for equal work, including by establishing monitoring and enforcement mechanisms (No. 371/2000). Furthermore, the Committee recalls its previous comment on the draft Bill on equal opportunities and treatment for women in employment. In this context, the Committee recalls that the concept of “work of equal value” under the Convention encompasses not only the same work, or work in the same occupation or activity, performed by men and women under the same conditions and specifications, but should also allow for the comparison of work performed by men and women that is of an entirely different nature, which is nevertheless of equal value (see General Survey of 2012 on the fundamental Conventions, paragraphs 673–679). The Committee also points out that the application of the principle of equal remuneration for work of equal value is not limited to comparisons between men and women in the same establishment or with the same employer. Ensuring a broad scope of comparison is essential for the application of the principle given the continued prevalence of occupational sex segregation (see General Survey of 2012, paragraph 697). Noting that section 461 of the CLT, as amended by Law No. 13.467/2017, contains provisions that are narrower than the principle laid down by the Convention, the Committee asks the Government to give full legislative expression to the principle of equal remuneration for men and women for work of equal value, so as to address situations where men and women perform not only the same or equal work to the same employer, in the same business establishment, with the same productivity and technical perfection, but also different work that is nevertheless of equal value. The Committee asks the Government to provide information on the steps taken in this regard, as well as to continue providing information on the progress made in the adoption of the above draft Bills and to ensure that they also give full legislative expression to the principle of equal remuneration for men and women for work of equal value.

Article 3. Objective job evaluation. The Committee notes the Government’s indication that targets have been set for reducing the gender pay gap. The Committee notes however that the Government’s report contains no information on the promotion and use of objective job evaluation methods. The Committee recalls that measures for the objective evaluation of jobs can be adopted at the enterprise, sectoral or national level, in the context of collective bargaining, as well as through national wage-fixing mechanisms. The Committee reiterates its request for information on any steps taken to promote, develop and implement practical approaches and methods for the objective evaluation of jobs with a view to effectively applying the principle of equal remuneration for men and women for work of equal value.

Enforcement. With reference to its previous request for information on violations detected by labour inspectors under section 461 of the CLT, as well as on capacity building for labour inspectors, judges and other officials, the Committee notes from the Government’s report under Convention No. 111 that the labour inspectorate identified 354 cases of discrimination on the grounds of sex, ethnic origin, race, colour, civil status, age or family situation between January 2013 and June 2015. The Government also took measures to register offences concerning pay discrimination on the basis of each of those grounds, although detailed information on the nature of the violations is not yet available. The Government also indicates that steps have been taken to increase the number of labour inspectors in all regions. The Committee reiterates its request to the Government to provide information on the nature of the violations detected by labour inspectors, the sanctions imposed and copies of decisions by the competent administrative or judicial bodies. It asks the Government to continue providing information on the steps taken to increase the capacity of labour inspectors, judges and other relevant officials to ensure equal remuneration between women and men.