Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Equal Remuneration Convention, 1951 (No. 100) - Guatemala (Ratification: 1961)

The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee proceeded with the examination of the application of the Convention on the basis of the supplementary information received from the Government this year, as well as on the basis of the information at its disposal in 2019.

Articles 1 and 2 of the Convention. Gender wage gap. In its previous comment, the Committee requested the Government to provide information on: (1) the outcomes of the measures adopted to reduce the gender wage gap (including statistical data on its evolution); and (2) the measures taken to tackle the underlying causes of the low labour force participation of women, including the nature of that participation (women working on an independent basis, and working for fewer hours than men). The Committee notes that, in its supplementary report, the Government provides data published by the National Institute for Statistics on the average income of men and women in 2019, which demonstrate a gender pay gap that favours men in all economic activities (except the construction sector and real estate activities) and in all occupations. The Committee notes that these data indicate, inter alia, that: (1) the average total income for men is 2,437.5 Guatemalan quetzales (GTQ) and for women is GTQ2,083.1; (2) in the agriculture, livestock, game and forestry sectors the average total income for men is GTQ1,514.3 and for women it is GTQ1,424.3; (3) in the communications sector it is GTQ4,375.8 for men and GTQ4,321.2 for women; and (4) for directors and managers it is GTQ8,026.9 for men and GTQ6,032.5 for women. The Committee notes the Government’s indication that the widest gap can be seen in occupations classified as “workers, operators and skilled workers”, in which the income earned by women is up to 56 per cent less. Women workers in elementary occupations and those employed as service workers or sales assistants are paid 45 per cent less than men who perform the same tasks. The smallest gap can be seen in the occupation of “plant operators”, where there is a 16 per cent difference in earnings. It is important to mention that women generally work six hours less per week, which could be a factor in their income being lower. This is not the case for “plant operators” and “mid-level technicians and professionals”, where weekly hours of work are the same for both men and women and these are occupations where the income gap is also small. Only the income of employees such as: administrative support staff, mid-level technicians and professionals, professionals, scientists, directors and managers exceeds the national minimum wage in force. With regard to the underlying causes of the wage gap, the Committee notes the detailed statistics provided by the Government on the labour market participation rates of men and women, compiled by the Labour Market Observatory, which indicate that women have a much lower labour market participation rate than men, with the women’s rate standing at only 47.4 per cent. The Committee notes that the Government adds that on the basis of an in-depth analysis it can be seen that women face difficulties in entering the labour market: namely, limited access to education and training, social norms relating to gender, non-distribution of unpaid domestic work and lack of childcare systems. The Committee also notes the Government’s indications that: (1) there is occupational segregation, as men have higher participation rates in the agriculture and agri-business sectors, and women in the services and sales sectors; (2) one third of women choose to perform non-salaried work on an independent basis to avoid adhering to a schedule and be able to devote themselves to other activities, such as home care; (3) women work fewer paid hours than men; and (iv) women account for a greater proportion of employed persons who do not receive remuneration in exchange for their work. As for the measures adopted to reduce the wage gap, the Committee notes the detailed information provided by the Government regarding the activities of the Working Women’s Section and the National Office for Women (ONAM) of the Ministry of Labour and Social Welfare (MTPS), the Presidential Secretariat for Women (SEPREM) and the Secretariat for Women and Gender Analysis (SMAG) in the judiciary. The Committee also notes the information included in the Government’s report on the application of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), relating to the measures adopted under the National Policy for the Advancement and Comprehensive Development of Women (PNPDIM) and the Equal Opportunities Plan 2008–23 (PEO) to eliminate gender stereotypes and facilitate women’s access to a more diverse range of jobs. While noting this information, the Committee requests the Government to provide information on any measures taken or contemplated: (i) to continue reducing the gender wage gap; and (ii) to address the issue of the low participation of women in the labour market.

Article 3. Objective job evaluation. In its previous comment, the Committee requested the Government to provide further information on the criteria taken into consideration for the development of the wage scale in the public sector and to ensure that the existing wage scale is free from gender bias. The Committee also asked the Government to indicate whether formal procedures for the objective evaluation of jobs in the private sector have been adopted (for example, as part of the development of the national wage policy). The Committee duly notes the extensive information provided by the Government in its supplementary report regarding the national wage policy formulated as part of the National Decent Employment Policy (2017–32) to strengthen legal measures against discrimination. It also notes that the objective of priority action 16 is to “create conditions for formulating, on the basis of tripartite social dialogue, a national policy aimed at improving the wage structure for workers, inter alia, by strengthening tripartite social dialogue on minimum wages, ensuring compliance with the minimum wage in both the formal and the informal economy, reinforcing collective bargaining and legal measures against discrimination, and also strengthening forums for dialogue beyond workers in the formal economy”. The Committee requests the Government to provide information on progress made with respect to the national wage policy, in terms of reinforcing measures against discrimination, particularly as regards equal remuneration for men and women for work of equal value. The Committee once again requests the Government to provide information on any measures taken to promote formal methods for objective job evaluation free of sexist bias in the private sector.

Application of the Convention in practice. In its previous comment, the Committee requested the Government to continue providing information on the activities of the labour inspectorate to give effect in practice to the principle of equal remuneration for men and women for work of equal value and to provide information on the number of complaints (lodged with the labour inspectorate, the courts or other relevant institutions) concerning the application of this principle, and the follow-up to those complaints. The Committee notes the Government’s indication in its supplementary report that, according to the labour inspectorate’s case monitoring system, no complaints have been made calling for equal conditions of pay for men and women workers for work of equal value. While noting the information provided, the Committee requests the Government to continue providing information on the activities of the labour inspectorate and to provide information on the number of complaints lodged in this respect.