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

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Articles 1 to 4 of the Convention. Gender pay gap. The Committee welcomes the efforts made by the Government to provide information in its report with indicative data on average wages, disaggregated by sex, geographical area, ethnicity and occupational group, for the period between 2019 and July 2022. The Committee observes that the information provided indicates that during the period between December 2019 and July 2022, the gender pay gap increased: (1) at the national level, from 15.3 per cent in December 2019 to 19.3 per cent in July 2022; (2) in urban areas, from 15.9 per cent to 20.7 per cent; and (3) in suburban areas, from 27.6 per cent to 29.2 per cent. The Committee also observes that, according to the information provided, there is still a significant pay gap between men and women between persons of different ethnic origins and occupational groups, and that the wage gap between men and women in the informal economy fell from 42.2 per cent to 38.6 per cent.

Article 3. Objective appraisal of jobs. Minimum wages. With reference to its previous comments on the measures taken to ensure that the determination of minimum wages for the various sectors (domestic work, craft industry, microenterprises) is free from gender stereotypes, the Committee notes the Government’s indication that minimum sectoral wages are determined without discrimination on grounds of gender because they use an objective methodology based on five occupational levels: leadership, supervision, operation, assistance and support. The Government adds that, with a view to promoting dialogue and the inclusion of the social partners in decision-making, there is tripartite representation of workers, employers and the authorities. The Ministry of Labour issues the respective ministerial decisions annually which establish the unified basic wage, and sectoral minimum wages for workers in the private sector.

With regard to both issues, the Committee notes the concluding observations of the United Nations Committee on the Elimination of Discrimination against Women (CEDAW), in which it recommends strict enforcement of “the principle of equal pay for work of equal value, in order to narrow and ultimately close the gender pay gap, by regularly reviewing wages in all sectors, applying gender-sensitive analytical job classification and evaluation methods and conducting regular labour inspections and pay surveys” (CEDAW/C/ECU/CO/10, 24 November 2021, paragraph 32(f)). In light of the above, the Committee considers that, with a view to being able to take the appropriate measures to reduce the gender wage gap, it would be useful for the Government, together with the representative organizations of workers and employers, to undertake a detailed study of the statistics provided and the measures that could be adopted to remedy pay gaps. The Committee requests the Government to provide information on the measures adopted to reduce the gender pay gap and to continue providing updated statistical data. It also requests the Government to indicate whether, when carrying out the objective evaluation and establishing the five occupational levels to which it refers, the possible predominant presence of men or women in any of the occupations referred to was taken into account. The Committee considers that this exercise could provide a basis for determining whether lower minimum wages are established in sectors where women are predominant. The Committee reminds the Government that it may have recourse to ILO technical assistance in this respect.

Article 4. Cooperation with the social partners. The Committee notes the information provided by the Government on the functioning of the National Labour and Wage Council (CNTS), an advisory tripartite technical body of the Ministry of Labour which is responsible for social dialogue on wage, labour and employment policies, of which annual meetings are held with the participation of representatives of employers, workers and the authorities. The Committee requests the Government to indicate whether, within the context of the CNTS, it is planned to take measures to give effect to the principle of equal remuneration for men and women for work of equal value.

Labour inspection. The Committee notes the Government’s indication that during inspection procedures no cases have been detected of non-compliance with the principle of equal remuneration for men and women workers, as set out in the Convention. In view of the difficulties that may be faced in practice in identifying cases of discrimination in relation to equal remuneration for men and women for work of equal value, particularly when men and women do not perform the same work, the Committee requests the Government to provide information on the training received by labour inspectors to strengthen their capacities to prevent, detect and resolve such cases.

Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

Articles 1(b) and 2(2)(a) of the Convention. Equal remuneration for work of equal value. Legislation. With reference to the need to give full expression in law to the principle of equal remuneration for men and women for work of equal value, the Government indicates in its report that: (1) it is aware that fundamental changes are needed in the field of labour legislation in general; (2) a national debate has been launched in the context of the National Opportunities Plan 2021–25, with the participation of civil society, workers, employers and academics, with a view to developing consensus proposals for reforms to the current Labour Code, including section 79, to reflect the provisions of the Convention and refer to work of “equal value” or, if not, develop proposed legislation that strengthens the field of labour and also includes non-restrictive precepts; and (3) throughout this process the legislative authorities play a fundamental role in formalizing these aspirations. The Committee welcomes the Government’s disposition to take the necessary legislative measures to give effect to the request that it has been making for many years. While noting the difficulties involved in making an amendment to a Labour Code, the Committee recalls that, as recognized by the Government, it is necessary to amend section 79 of the Labour Code as it contains a more restrictive definition than the principle established by the Convention. The Committee trusts that the necessary legislative measures, including going beyond the reform of the Labour Code, will be adopted in the near future to give full effect to the principle established in Article 1(b) of the Convention, which refers to work of “equal value”.

The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Gender pay gap. The Committee notes the Government’s report on the application of the Beijing Declaration and Platform for Action of 1 May 2014, in which the Government indicates that although there are now more female students in higher education, women are concentrated in typically “female” careers. The Committee also notes the information sent by the Government on the pay gap but observes that the data indicating average income are undated, which makes it impossible to determine whether there have been any new developments regarding the pay gap. Nevertheless, the Committee notes the Government’s indications that the gender pay gap is 16 per cent at national level, 19.7 per cent in urban areas and 25.2 per cent in rural areas. The Committee also observes that the pay gap decreases as the level of education rises. Accordingly, it can be seen that at national level, for individuals who have not completed primary schooling, the gender pay gap is 42.7 per cent, and for those who have completed higher education, the pay gap is 21.3 per cent. The Government also indicates that there is a 14 per cent gender pay gap in the informal economy. The Government further indicates that in 2014 the Ecuadorian Training Service provided 9,774 vocational training courses for 155,895 participants in the social, productive and public sectors. With regard to these course participants, women accounted for 57 per cent in the social sector and 54 per cent in the productive sector. However, the Committee observes that the data supplied concerning the respective training courses indicate the academic area but are not disaggregated by sex, which makes it impossible to determine whether there is gender segregation in the course participation. Recalling that information is needed to be able to identify trends in the gender pay gap and the impact of the measures taken by the Government to reduce it, the Committee requests the Government to continue supplying information on remuneration levels for men and women in the various sectors of activity, disaggregated by sex, by occupational category and, as far as possible, by colour and race, so that the Committee can evaluate the progress achieved. The Committee also requests the Government to supply information on the measures taken to promote the employment of women in a broader range of sectors and occupations. It further requests the Government to indicate the measures taken to reduce the gender pay gap, especially for women who have not completed primary education.

Article 2 of the Convention. Promotion of the principle of the Convention. The Committee notes that the Government signed a Memorandum of Understanding with UN Women with a view to gender mainstreaming in all its employment actions and policies aimed at the prevention of discrimination and promoting access for women to the world of work. The Committee requests the Government to continue supplying information on the measures, policies and programmes adopted to promote application of the principle of equal remuneration for men and women for work of equal value in the public and private sectors.

Article 3. Objective job evaluation. The Committee notes the Government’s indication that in 2010 the Ministry of Labour implemented a competitive wage scheme with wage equity in different sectors. The Government indicates that, as a result, “general workers”, domestic workers, craft industry workers and workers in micro-enterprises are paid the same wages. The Committee requests the Government to indicate how this equity was attained and what evaluation criteria were used as the basis for fixing these wages without any gender-related discrimination. The Committee also requests the Government to supply information on the manner in which the use of objective job evaluation methodologies is promoted with a view to determining wages in the private sector, in accordance with the Convention.

Article 4. Cooperation with the social partners. The Committee requests the Government to provide information on the measures taken in collaboration with workers’ and employers’ organizations to give effect to the principle of equal remuneration for men and women for work of equal value.

Labour inspection. The Committee requests the Government to provide information on any violations of the principle of the Convention identified by the labour inspection services.

Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

Article 1(b) of the Convention. Equal remuneration for work of equal value. Legislation. The Committee notes with regret that for more than 20 years it has been referring to the need to amend section 79 of the Labour Code providing for equal remuneration for equal work, which is more restrictive than the principle set out in Article 1(b) of the Convention, which refers to work of “equal value”. The Committee observes that the Government has not sent any information on the progress made with respect to the adoption of the new Labour Code. The Committee recalls that the concept of work of equal value lies at the heart of the fundamental right of equal remuneration for men and women and the promotion of equality. It is key to tackling occupational sex segregation in the labour market, as it permits a broad scope of comparison including, but going beyond, equal remuneration for “equal”, “the same” or “similar” work, and also encompasses work of an entirely different nature which is nevertheless of equal value. With a view to overcoming occupational segregation, the application of the principle set out in the Convention is not confined to a comparison between men and women in the same establishment or enterprise, but also allows a much broader comparison between the jobs performed by men and women in different workplaces or enterprises, or between different employers (see General Survey on the fundamental Conventions, 2012, paragraphs 669, 673 et seq.). The Committee urges the Government, within the framework of the reform of the Labour Code, to amend section 79 so as to give full expression to the principle of equal remuneration for men and women for work of equal value. The Committee encourages the Government to request ILO technical assistance in this regard.

The Committee is raising other points in a request addressed directly to the Government.

Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

Gender pay gap. The Committee notes that, although the Government provides information on the considerable increase in the participation of women in popular elected office, ministries, the judicial authorities and the parliamentary assembly, as well as on the unification of the basic wage as from 2010, the information supplied does not provide a basis for determining trends in the gender pay gap, nor the measures adopted by the Government for its reduction. The Committee requests the Government to provide information on the remuneration levels of men and women in the various sectors of activity, disaggregated by occupational category, and, in so far as possible, colour and race, so as to enable the Committee to assess the progress achieved. The Committee also asks the Government to provide information on the measures adopted with a view to promoting the employment of women in a broader range of sectors and occupations, including through appropriate vocational training.

Article 1(b) of the Convention. Equal remuneration for work of equal value. Legislation. The Committee recalls that for a number of years it has been referring to the need to amend section 79 of the Labour Code, which provides for equal remuneration for equal work, which is more restrictive than the principle set out in Article 1 of the Convention, which refers to work of “equal value”. This concept lies at the heart of the fundamental right of equal remuneration for men and women and the promotion of equality. It is key to tackling occupational sex segregation in the labour market, as it permits a broad scope of comparison including, but going beyond equal remuneration for “equal”, “the same” or “similar” work, and also encompasses work that is of an entirely different nature, but which is nevertheless of equal value. With a view to overcoming occupational segregation, the application of the principle set out in the Convention is not confined to a comparison between men and women in the same establishment or enterprise, but also allows a much broader comparison between the jobs performed by men and women in different workplaces or enterprises, or between different employers (see the General Survey on the fundamental Conventions, 2012, paragraphs 669 and 673, et seq.). The Committee urges the Government, within the framework of the reform of the Labour Code, to amend section 79 of the Labour Code so as to give full expression to the principle of equal remuneration for men and women for work of equal value. The Committee encourages the Government to request ILO technical assistance in this regard.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

Wage gap. The Committee notes that, according to the study “A gender view of public employment in Ecuador”, prepared by the National Council for Women (CONAMU), the National Technical Secretariat for Human Resources Development and Remuneration in the Public Sector (SENRES), the Friedrich Ebert Foundation, FES–ILDIS and Public Services International (PSI), the average earnings of women in public employment amount to 82 per cent of those of men. The study also indicates that the activities mainly carried out by women, namely teaching and health care, are those in which earnings are lower. The Committee notes that the study also emphasizes the high level of vertical segregation that exists in the social services and health-care branch, in which women are employed in the lowest paid categories. The Committee observes that, according to the study, there are marked patterns of vertical segregation in the public administration in municipal authorities and provincial councils, with a minimum level of participation by women in the higher hierarchical levels. The Committee further notes that, according to the Government’s report, SENRES issued a resolution, which has been in force since January 2009, replacing the previous wage categories of public sector employees by the approved wage scale. The Committee asks the Government to provide information on the measures that are being taken to reduce the wage gap that exists in the public sector and those intended to eliminate vertical segregation in the social services and health-care branch, and in public administration in municipal authorities and provincial councils. The Committee also asks the Government to provide information on the measures that are being developed for the adoption of policies intended to promote and ensure the access of women to a broader range of sectors and occupations with higher levels of responsibility and remuneration, including through the appropriate supply of vocational training and education. Please also continue providing statistical data on the remuneration levels of men and women in the various sectors of activity disaggregated by occupational category and position and, in so far as possible, by colour and race, so that the Committee can assess the progress achieved.

Article 1(b) of the Convention. Equal remuneration for work of equal value. The Committee notes with interest that the new Constitution, in article 326(4), provides that “equal remuneration shall be paid for work of equal value”, thereby giving expression in law to the Convention. The Committee further notes that a Bill to reform the Labour Code has been submitted to the Constituent Assembly. Recalling that for several years the Committee has been indicating in its comments that the terms of section 79 of the Labour Code are narrower than the principle set out in the Convention, the Committee hopes that the Government will take this opportunity to bring section 79 of the Labour Code into harmony with Article 1 of the Convention, thereby giving full expression to the principle of equal remuneration for work of equal value. Please provide information on the progress achieved in the amendment of this section.

Article 2. Promotion of the principle of the Convention. The Committee notes that the national councils, including the CONAMU, and the programmes that are being undertaken within this framework are in the process of being institutionalized to become bodies responsible for planning the public policy of equality in accordance with articles 156 and 157 of the new Constitution. The Committee asks the Government to provide information on the progress made in this process with regard to policies and programmes intended to give effect to the principles of the Convention.

Article 3. Objective job evaluation. The Committee asks the Government to indicate the manner in which objective job evaluation is promoted, including information on the manner in which the National Wage Council promotes the use of methodologies for objective job evaluation with a view to determining wages in the private sector.

Article 4. Cooperation with the social partners. The Committee notes that in May 2009 the Regional Meeting on Wage Equity was held in Quito. The discussions focused on strategies to promote the exchange of experiences relating to social dialogue processes to achieve equity between men and women in remuneration. Please provide information on the measures adopted in collaboration with workers’ and employers’ organizations with a view to giving effect to the principle of the Convention.

Labour inspection. Please provide information on cases of violations of the principle of the Convention identified by the labour inspection services.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes that the Government’s report contains no information on the questions raised. The Committee must therefore repeat its previous comments, which read as follows:

Repetition

Wage gap. The Committee notes that, according to the study “A gender view of public employment in Ecuador”, prepared by the National Council for Women (CONAMU), the National Technical Secretariat for Human Resources Development and Remuneration in the Public Sector (SENRES), the Friedrich Ebert Foundation, FES–ILDIS and Public Services International (PSI), the average earnings of women in public employment amount to 82 per cent of those of men. The study also indicates that the activities mainly carried out by women, namely teaching and health care, are those in which earnings are lower. The Committee notes that the study also emphasizes the high level of vertical segregation that exists in the social services and health-care branch, in which women are employed in the lowest paid categories. The Committee observes that, according to the study, there are marked patterns of vertical segregation in the public administration in municipal authorities and provincial councils, with a minimum level of participation by women in the higher hierarchical levels. The Committee further notes that, according to the Government’s report, SENRES issued a resolution, which has been in force since January 2009, replacing the previous wage categories of public sector employees by the approved wage scale. The Committee asks the Government to provide information on the measures that are being taken to reduce the wage gap that exists in the public sector and those intended to eliminate vertical segregation in the social services and health-care branch, and in public administration in municipal authorities and provincial councils. The Committee also asks the Government to provide information on the measures that are being developed for the adoption of policies intended to promote and ensure the access of women to a broader range of sectors and occupations with higher levels of responsibility and remuneration, including through the appropriate supply of vocational training and education. Please also continue providing statistical data on the remuneration levels of men and women in the various sectors of activity disaggregated by occupational category and position and, in so far as possible, by colour and race, so that the Committee can assess the progress achieved.

Article 1(b) of the Convention. Equal remuneration for work of equal value. The Committee notes with interest that the new Constitution, in article 326(4), provides that “equal remuneration shall be paid for work of equal value”, thereby giving expression in law to the Convention. The Committee further notes that a Bill to reform the Labour Code has been submitted to the Constituent Assembly. Recalling that for several years the Committee has been indicating in its comments that the terms of section 79 of the Labour Code are narrower than the principle set out in the Convention, the Committee hopes that the Government will take this opportunity to bring section 79 of the Labour Code into harmony with Article 1 of the Convention, thereby giving full expression to the principle of equal remuneration for work of equal value. Please provide information on the progress achieved in the amendment of this section.

Article 2. Promotion of the principle of the Convention. The Committee notes that the national councils, including the CONAMU, and the programmes that are being undertaken within this framework are in the process of being institutionalized to become bodies responsible for planning the public policy of equality in accordance with articles 156 and 157 of the new Constitution. The Committee asks the Government to provide information on the progress made in this process with regard to policies and programmes intended to give effect to the principles of the Convention.

Article 3. Objective job evaluation. The Committee asks the Government to indicate the manner in which objective job evaluation is promoted, including information on the manner in which the National Wage Council promotes the use of methodologies for objective job evaluation with a view to determining wages in the private sector.

Article 4. Cooperation with the social partners. The Committee notes that in May 2009 the Regional Meeting on Wage Equity was held in Quito. The discussions focused on strategies to promote the exchange of experiences relating to social dialogue processes to achieve equity between men and women in remuneration. Please provide information on the measures adopted in collaboration with workers’ and employers’ organizations with a view to giving effect to the principle of the Convention.

Labour inspection. Please provide information on cases of violations of the principle of the Convention identified by the labour inspection services.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Wage gap. The Committee notes that, according to the study “A gender view of public employment in Ecuador”, prepared by the National Council for Women (CONAMU), the National Technical Secretariat for Human Resources Development and Remuneration in the Public Sector (SENRES), the Friedrich Ebert Foundation, FES–ILDIS and Public Services International (PSI), the average earnings of women in public employment amount to 82 per cent of those of men. The study also indicates that the activities mainly carried out by women, namely teaching and health care, are those in which earnings are lower. The Committee notes that the study also emphasizes the high level of vertical segregation that exists in the social services and health-care branch, in which women are employed in the lowest paid categories. The Committee observes that, according to the study, there are marked patterns of vertical segregation in the public administration in municipal authorities and provincial councils, with a minimum level of participation by women in the higher hierarchical levels. The Committee further notes that, according to the Government’s report, SENRES issued a resolution, which has been in force since January 2009, replacing the previous wage categories of public sector employees by the approved wage scale. The Committee asks the Government to provide information on the measures that are being taken to reduce the wage gap that exists in the public sector and those intended to eliminate vertical segregation in the social services and health-care branch, and in public administration in municipal authorities and provincial councils. The Committee also asks the Government to provide information on the measures that are being developed for the adoption of policies intended to promote and ensure the access of women to a broader range of sectors and occupations with higher levels of responsibility and remuneration, including through the appropriate supply of vocational training and education. Please also continue providing statistical data on the remuneration levels of men and women in the various sectors of activity disaggregated by occupational category and position and, in so far as possible, by colour and race, so that the Committee can assess the progress achieved.

Article 1(b) of the Convention. Equal remuneration for work of equal value. The Committee notes with interest that the new Constitution, in article 326(4), provides that “equal remuneration shall be paid for work of equal value”, thereby giving expression in law to the Convention. The Committee further notes that a Bill to reform the Labour Code has been submitted to the Constituent Assembly. Recalling that for several years the Committee has been indicating in its comments that the terms of section 79 of the Labour Code are narrower than the principle set out in the Convention, the Committee hopes that the Government will take this opportunity to bring section 79 of the Labour Code into harmony with Article 1 of the Convention, thereby giving full expression to the principle of equal remuneration for work of equal value. Please provide information on the progress achieved in the amendment of this section.

Article 2. Promotion of the principle of the Convention. The Committee notes that the national councils, including the CONAMU, and the programmes that are being undertaken within this framework are in the process of being institutionalized to become bodies responsible for planning the public policy of equality in accordance with articles 156 and 157 of the new Constitution. The Committee asks the Government to provide information on the progress made in this process with regard to policies and programmes intended to give effect to the principles of the Convention.

Article 3. Objective job evaluation. The Committee asks the Government to indicate the manner in which objective job evaluation is promoted, including information on the manner in which the National Wage Council promotes the use of methodologies for objective job evaluation with a view to determining wages in the private sector.

Article 4. Cooperation with the social partners. The Committee notes that in May 2009 the Regional Meeting on Wage Equity was held in Quito. The discussions focused on strategies to promote the exchange of experiences relating to social dialogue processes to achieve equity between men and women in remuneration. Please provide information on the measures adopted in collaboration with workers’ and employers’ organizations with a view to giving effect to the principle of the Convention.

Labour inspection. Please provide information on cases of violations of the principle of the Convention identified by the labour inspection services.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Article 1(b) of the Convention. Equal remuneration for work of equal value. In its previous comments, the Committee drew the Government’s attention to the fact that section 79 of the Labour Code is expressed in terms which are narrower than the principle of “equal remuneration for work of equal value” laid down in the Convention, and expressed the hope that the Government would take the necessary steps to bring section 79 into line with the Convention. The Committee notes the Government’s statement to the effect that it will supply information on the results of the Constituent Assembly which will reform the principles of the Constitution and in which there will be representatives of the bodies defending the wage rights of women workers. The Committee notes that on 13 May 2008 the Constituent Assembly adopted a series of provisions, including article 3(d), which provides for equal remuneration for work of equal value, without any form of discrimination. The Committee welcomes this provision, as it gives expression to the principle of equal remuneration for work of equal value. It asks the Government to supply information on its final adoption, as well as on the amendment of section 79 of the Labour Code, which the Committee has been asking the Government to bring into line with the Convention for a number of years.

Article 2. Promotion of the principle. The Committee notes that the Equal Opportunities Plan for 2005–09 has two main components: (1) including the majority of women’s organizations in the process of defining priorities; (2) formulating the Plan on the basis of a system of rights which enable the limitations of the sectoral approach to be overcome. The Committee asks the Government to supply information on the steps taken or contemplated within the Equal Opportunities Plan to promote the principle of equal remuneration for work of equal value, and on the results achieved.

Gender, Youth and Ethnic Minorities Unit. The Committee notes various capacity-building activities, such as the publication of a “Labour vademecum with a gender perspective” and the holding of workshops with the ILO in Quito, Guayaquil and Cuenca, relating to gender, race, poverty and employment. It also notes with interest the “Women’s Programme for Indigenous and Afro-Ecuadorian Female Workers (PROINDAFRO)”, which aims to provide self-employment for indigenous and Afro-Ecuadorian women on a low income, who do not formalize their work activities for a variety of reasons but who have the potential to do so. The Committee would be grateful if the Government would continue supplying information on the activities of this unit, stating in particular the way in which publications, courses and programmes incorporate the principle of the Convention. It also asks the Government to state whether and to what extent PROINDAFRO has succeeded in increasing the income of women covered by this programme.

Article 3. Objective job evaluation. The Committee notes the Government’s statement to the effect that an inter-institutional agreement is to be established with institutions involved in wage matters with a view to updating occupational structures in line with the Standard Industrial Classification (SIC) and to maintain standardized codification. The Committee hopes that this will be undertaken on the basis of specific jobs, which will enable a comparison of “work that is of an entirely different nature, which is nevertheless of equal value”, as stated by the Committee in its general observation of 2006. The Committee asks the Government to supply information on the updating of the abovementioned occupational structures. Please also provide information on whether, in the context of the inter-institutional cooperation agreement between the National Secretariat for Public Sector Pay, the National Council for Women, the Latin American Institute of Social Investigations and Public Services International in Ecuador, which was noted by the Committee in its observation on the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), activities have been undertaken or planned with regard to objective job evaluation or to other aspects related to the Convention.

Labour inspection and preventive activities. The Committee notes the holding of various workshops on gender and labour inspection in Quito, Cuenca and Guayquil in 2006. It also notes that, according to the Government, inspections of officials responsible for wages in enterprises are to be promoted with a view to having effective control over the payment of the additional benefits and profits provided for in the Labour Code. The Committee asks the Government to indicate the manner in which the principle of the Convention is included in the workshops on gender issues for labour inspectors, and whether the abovementioned inspections on the monitoring of additional benefits and profits have been undertaken. Please also supply information on the results of such monitoring, disaggregated by sex.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

1.  Article 1(b) of the Convention. The Committee notes that, according to the Government, section 79 of the Labour Code, which provides for “equal remuneration for equal work”, is consistent with article 36 of Ecuador’s Constitution which establishes the principle of “equal remuneration” for men and women for “work of equal value” enshrined in the Convention. The Committee reminds the Government that, as indicated in its General Survey of 1986 (paragraphs 19–23), the obligations deriving from Article 1 of the Convention go beyond a reference to “the same” or “similar” work, and include “work of equal value”, which requires a broader comparison of the value of different jobs. Establishing a broader base of comparison stems from the need to ensure that women receive the same remuneration as men where the work they do is different but of equal value, as determined by an objective evaluation of the job. This is particularly important due to occupational segregation, with women and men often working in different occupational categories and jobs, and since jobs which are traditionally considered “feminine” may be undervalued because of sexual stereotyping. The Committee accordingly points out to the Government that section 79 of the Labour Code is narrower than the principle of “equal remuneration for work of equal value” laid down in the Convention, and trusts that the Government will take the necessary steps to bring section 79 in line with the Convention and will keep it informed of progress made in this regard.

2. Article 2. With regard to points 2 and 3 of its previous direct request, the Committee notes the Equal Opportunities Plan for 2005–09 drawn up by the National Council for Women (CONAMU) and the information in the Government’s report on the application of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), that the Government has undertaken to develop with CONAMU a joint action plan which includes the issue of equal pay and the development of indicators with a view to monitoring the application of Convention No. 100. It further notes that the Agreement on Inter-Institutional Cooperation between CONAMU and the Ministry of Labour includes the implementation and follow-up of labour policies to redress any inequalities between men and women workers. The Committee hopes that, in that context, the Government will devise and implement measures to reduce the occupational and sectoral segregation of women, to narrow the wage gap in both the public and the private sectors and to reduce sex-based discrimination in better paid posts. The Committee asks the Government to provide information on these matters, including statistical data, and on outcomes achieved.

3. Gender and Youth Unit. Noting the establishment in 2005 of the Gender and Youth Unit under the Employment Directorate, the Committee asks the Government to provide information on the Unit’s activities in so far as they relate to the application of the Convention.

4. Labour inspection and prevention. Noting the Government’s statement that the Ministry of Labour’s Gender Unit is to make the labour inspectorate more effective in enforcing the principle of the Convention, the Committee would be grateful if the Government would provide information on the labour inspectorate’s promotional activities, the cases dealt with and the action taken regarding the principle of the Convention.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the information provided by the Government in its report and the statistical data attached. It also notes the report prepared by the National Council of Women (SĺMUJERES - SIISE, 1997-2002).

1. In its previous comment, the Committee asked the Government to indicate whether it was considering amending section 79 of the Labour Code, which provides that "equal remuneration shall be paid for equal work", in order to bring it into conformity with article 36 of the Political Constitution, which sets forth the principle of equal remuneration for men and women workers for work of equal value. The Committee notes that the Government has not provided any information on this matter and would be grateful if it would do so in its next report.

2. The Committee notes the information provided in the report from the National Council of Women indicating the difficulties that women encounter in the labour market, in particular an unemployment rate that is twice that of men, occupational and sectoral segregation for women who are employed and lower remuneration than that of men for equivalent jobs.

3. The Committee notes that, according to the statistical information, women earn 73 and 84 per cent of the wages of men in the public and private sectors, respectively; only 28.47 per cent of women are employed in the private sector, compared with 71.53 per cent of men; only 19.61 and 21.66 per cent of the highest paid workers in the private and public sectors, respectively, are women. It also notes that in the social and health-care services, despite the fact that women account for 63.45 per cent of the total staff, they earn on average 59 per cent of the wages of men in the same services. The Committee asks the Government to provide information on the measures that have been adopted or are envisaged to increase the income of women in the private sector, to reduce the wage gap in both the public and private sectors and to reduce gender discrimination in the highest paid posts.

4. The Committee notes the information provided by the Government in its report indicating that it is in the process of revising the Civil Service and Administrative Careers Act, and that this will provide an opportunity to assess the procedures used for the selection and evaluation of public sector employees. The Committee trusts that the Government will continue to provide information on the manner in which gender bias is eliminated in these procedures and any impact this has on reducing wage differentials in the civil service.

5. The Committee notes the information provided by the Government in its report indicating that the National Wage Council (CONADES) and the National Council for Public Sector Remuneration (CONAREM) will organize workshops to promote and ensure the application to all men and women workers of the principle of equal pay for work of equal value. It also notes the information provided by the Government confirming the existence of the political will to review the existence of wage differences based on sex and stating that a gender unit may be created in the Ministry of Labour for this purpose. The Committee asks the Government to provide information on any progress made on these issues in its next report.

6. The Committee would be grateful if the Government would provide information in its next report on the activities carried out by the labour inspectorate and the Department of Labour Prevention of the Ministry of Labour and Human Resources to identify violations of the principle of equal remuneration for men and women workers for work of equal value.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the information provided by the Government in its report, as well as the attached statistics and a copy of a collective agreement.

1. In its previous comment, the Committee asked the Government, with a view to enabling it to assess the application of the principle of the Convention in the public sector, to provide data on the percentages of men and women in the various occupations and at the different levels of the public administration, as well as statistical information disaggregated by sex on the corresponding incomes. The Committee notes that the Government has not provided these data with its report. The Committee also emphasized that discrimination may arise from the existence of occupational categories and jobs or occupations reserved for women. In this respect, it once again requested the Government to supply statistical data on the percentages of men and women employed in the manufacture of certain types of textiles and clothing, foodstuffs and leather goods, with an indication of the various levels of these activities. The Committee notes that the Government has not provided these data with its report. The Committee notes the information provided by the Government that in November 2001 a national survey was carried out to obtain detailed statistical information and that the Government will inform the Office of the results. The Committee trusts that the Government will provide the requested information with its next report. The Committee once again requests the Government to take into account, when preparing statistics, the comments that it made in its general observation of 1998.

2. The Committee notes the information provided by the Government to the effect that it has not been able to supply information on the number of inspections relating to wage matters and discrimination in general due to the lack of human, material and technical resources. The Committee recalls that it asked the Government to provide information on the methods used to determine whether there are any gender-based wage differentials. The Committee notes the Government’s request for technical assistance and trusts that the Office will be in a position to provide such assistance in the near future.

3. In its previous comment, the Committee asked the Government to provide information on the activities of the National Wage Council (CONADES) and/or the sectoral committees to ensure and promote the application of the principle of equal remuneration for men and women workers for work of equal value. The Committee notes the Government’s statement in its last report that the CONADES, in the same way as other state bodies, operates in accordance with the constitutional provisions setting forth the principle of equality. The Committee notes that the Government does not provide information in its reply on any activity undertaken to ensure or promote the principle set out in Article 2, paragraph 1, of the Convention. Recalling the contents of paragraph 253 of its General Survey on equal remuneration, 1986, the Committee observes that it is difficult to accept statements suggesting that the application of the Convention has not given rise to difficulties, or that full effect is given to the Convention, without further details being provided. The Committee therefore trusts that the Government will reply to the requests referred to above to provide the most detailed information possible. The Committee trusts that the Government will indicate in its next report the manner in which CONADES and/or the sectoral committees and/or the National Remuneration Council for the Public Sector (CONAREM) are promoting and, where appropriate, ensuring the application to all workers of the principle of equal remuneration for men and women workers for work of equal value.

4. In its previous comment, the Committee asked the Government to indicate the methods adopted or envisaged to evaluate tasks in relation to the work performed, particularly in the public administration. The Committee notes the Government’s reply that the objective appraisal of jobs is carried out on the basis of the work involved and that wages are revised and analysed considering the work performed and its value without distinction on the basis of gender. The Committee notes that the Government’s report does not contain a detailed reply with regard to the methodology used for the appraisal of jobs, with a view to the objective measurement and comparative analysis of the relative value of the work performed. As the Committee emphasized in paragraph 255 of its General Survey on equal remuneration, 1986, the reference by the Convention to the principle of "equal remuneration for men and women workers for work of equal value" inevitably broadens the field of comparison, since jobs of a different nature have to be compared in terms of equal value. To compare the value of different jobs, it is important that there exist methods and procedures of easy use and ready access, capable of ensuring that the criterion of sex is not directly or indirectly taken into account in the comparison. By way of illustration, in paragraph 60 of its General Survey on equal remuneration, 1986, the Committee mentioned a number of criteria which are most commonly referred to in the various national laws on equal remuneration with a view to comparing the work to be performed by men and women. These include skill (or knowledge evidenced by a title or diploma or by practice in the job, and abilities following from experience acquired), effort (physical or mental effort, or physical, mental or nervous strain connected with the performance of the work) and responsibility (or decision) required to perform the work (having regard to the nature, scope and complexity of the duties inherent in each job) and the conditions under which the work is to be performed (including factors such as the level of danger associated with the work). The Committee trusts that the Government will provide information in its next report on any measure adopted in relation to the application of methodologies for objective job appraisals.

5. In its previous comment, the Committee noted the inter-institutional technical cooperation agreement signed on 22 February 1999 between the Ministry of Labour and the National Council for Women (CONAMU) concerning the establishment of a database on the income of men and women in the private sector for 1998, with a view to analysing the position of men and women in terms of their income, and to formulating policies and implementing measures to reduce the wage gap between men and women. The Committee trusts that the Government will provide information in its next report on the progress achieved in the context of the above agreement.

6. The Committee notes the statistical information compiled by the System of Integrated Social Indicators for Ecuador (SIISE). The Committee notes that in 1998, gender inequality affecting women in terms of income from work according to the level of utilization of the labour force increased in comparison with the previous year. The Committee also notes that, according to the statistics provided by the Government with its last report, of workers engaged in paid commercial work, 64.2 per cent are men, compared with 35.8 per cent for women. It also notes that the percentage of men engaged in unpaid commercial work is 39 per cent, compared with 61 per cent for women. Finally, it notes that women carry out 98.7 per cent of domestic work, compared with 1.3 per cent for men. The Committee recalls, as it noted in its previous comment, that discrimination may arise out of the existence of occupational categories and jobs or occupations that are reserved for women. It trusts that the Government will take the necessary measures to address this type of discrimination.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the reports supplied by the Government and the statistical information attached thereto.

1. The Committee notes the statistics provided by the Government on men’s and women’s wages in Ecuador. Regarding women’s status in the labour market, the Committee notes that women account for 41 per cent of government employees as compared to 29 per cent of private sector employees. The Government is again asked to provide information on the percentage of men and women in the various occupations and at the various levels of the public administration. Furthermore, to enable the Committee to assess the application of the principle of the Convention in the public sector, the Government is asked to provide statistical information which is as complete as possible, disaggregated by sex, concerning men’s and women’s income in the various occupations and at the various levels of the public administration. In this regard, please refer to the Committee’s 1998 general observation on the Convention.

2. In its previous comments the Committee noted that, according to the Government, the Labour Inspectorate and the Department of Prevention of the Ministry of Labour and Human Resources are responsible for ensuring the application of the principle of the Convention. The Government states that inspections are being carried out in enterprises, but that no wage differentials between men and women have been found to exist. The Committee asks the Government to send information on the inspection visits carried out during the period covered, indicating the number of inspections dealing with wages or with discrimination issues in general and also indicating the methods used to determine whether there are any gender-based wage differentials.

3. According to the information supplied by the Government, the wage policy is implemented through three mechanisms: (a) minimum wage fixing and wage increases, which are the responsibility of the National Wage Council (CONADES); (b) tripartite sectoral committees; and (c) collective bargaining. The Committee also notes the promulgation of the Act for the economic reform of Ecuador (No. 2000 4) of 13 March 2000, establishing the national wage policy. The Committee would be grateful if the Government would supply information in its next report on the activities conducted or envisaged by CONADES and/or the sectoral committees to ensure or promote the application of the principle of equal remuneration for men and women workers for work of equal value. The Government is also asked to provide a copy of Act No. 2000 4, and specimens of collective contracts, particularly in sectors with a large concentration of women.

4. In its previous comments the Committee noted the decisions of CONADES establishing the monthly minimum wage of workers employed in the manufacture of certain types of textiles and clothing, foodstuffs and leather goods. The Committee noted that these decisions set the wages of various jobs in the sectors referred to without any distinction between men and women. The Committee pointed out, however, that discrimination may arise out of the existence of occupational categories and jobs or occupations reserved for women. Consequently, the Committee again asks the Government to supply statistical information on the percentage of men and women in the occupations and at the levels defined in the abovementioned decisions.

5. The Committee recalls that Article 3 of the Convention requires the adoption of measures to promote an objective appraisal of jobs on the basis of the tasks involved, when the nature of such measures facilitates the application of this Convention. The Committee therefore repeats its request to the Government to indicate the methods proposed or envisaged for assessing the tasks in relation to the work done, particularly in the public administration.

6. The Committee notes the information supplied by the Government on the programmes to be implemented jointly by the Ministry of Labour and Human Resources and the National Council for Women (CONAMU). It also notes the agreement on technical cooperation signed on 22 February 1999 by the Ministry and CONAMU, and that in the context of this agreement a database is being set up on men’s and women’s income in the private sector for 1998. The Government indicates that, based on the database, it will be possible to analyse the position of men and of women in respect of income. The Committee notes that one of the commitments undertaken by the Ministry and CONAMU is to formulate policy and implement measures with a view to reducing the wage differential between men and women. The Committee hopes that priority will be placed on the implementation of these commitments and asks the Government to keep it informed of any developments in this regard.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes the Government's report and attached documentation.

1. The Committee notes the Government's statement that the institutions responsible for ensuring the application of the principle of the Convention are the Labour Inspectorate and the Department of Prevention of the Ministry of Labour and Human Resources. The Government indicates, however, that the Labour Inspectorate has not conducted any inspections to ensure equality of remuneration for men and women for work of equal value. The Committee requests the Government to indicate the methods currently in operation to promote and ensure the application of the principle of the Convention. The Government is also asked to continue to supply information on any labour inspections which find the existence of gender-based salary differentials.

2. Further to its previous comments regarding salary differentials between men and women workers in Ecuador, the Committee asks the Government to indicate what methods have been or are proposed to be taken in promoting the objective appraisal of jobs on the basis of the work performed. Moreover, in order to permit the Committee to evaluate the application of the principle of the Convention with regard to the public administration, the Government is asked to provide information showing the distribution of men and women workers in the various occupations and at varying levels of that sector.

3. The Committee notes the National Salary Commission resolutions supplied by the Government which fix the minimum monthly salary for workers employed in the manufacture of certain garments and textiles, food products and leather goods. The resolutions fix wages for jobs in the above-referenced sectors without distinguishing between men and women. The Committee nevertheless recalls that discrimination may arise out of the existence of occupational categories and jobs reserved for women and, therefore, the fact that women workers may be more heavily concentrated in certain jobs or sectors of activity must be taken into account to avoid the undervaluation of work regarded as predominately "feminine" (see General Survey on equal remuneration, ILO, 1986, paragraph 22). In this respect, the Committee asks the Government to provide statistical information on the distribution of men and women in the occupations and at the levels set forth in the above-mentioned resolutions.

4. The Ministry of Labour indicates that it will be initiating various programmes in conjunction with the National Women's Commission (CONAMU). The Committee would be grateful if the Government would provide information in its next report on those joint programmes relevant to the Convention.

Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes with satisfaction the promulgation of article 36 of the new Political Constitution of Ecuador, enacted on 10 August 1998, which reflects the principle set forth in Article 1 of the Convention. Article 36 provides, in pertinent part, that:

The State will promote the incorporation of women into the paid labour force under conditions of equal rights and opportunities, guaranteeing women equal remuneration for work of equal value.

The Government's report indicates that article 36 of the new Ecuadorean Constitution constitutes primary law, and cites the well-established principle of legal interpretation that a primary law supplements any deficiencies or omissions in a secondary law, such as section 79 of the Labour Code, to which the Committee has made reference for a number of years. The Committee asks the Government to indicate whether it contemplates amending section 79 of the Code to bring it into conformity with constitutional article 36.

The Committee also notes with interest that under constitutional article 36 the Government undertakes to promote respect for women's employment and reproductive rights in order to improve working conditions for women and ensure their access to social security systems, particularly in the case of expectant and nursing mothers, working women, women working in the informal and handcrafts sectors, female heads of households and widows. Article 36 expressly prohibits all forms of employment discrimination against women and recognizes unpaid domestic work as productive labour.

The Committee is addresssing a request directly to the Government on other matters.

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes the Government's report and attached documentation.

1. Article 2, paragraph 1 of the Convention. In its previous comments, the Committee recalled that the concept of equal remuneration applied not only to equal work, but also to work of equal value. The Government replied that the current wording of section 78 of the Labour Code is not to be interpreted restrictively as meaning only "identical work", but rather to mean "similar work". The Committee requested the Government once again to report on the measures which have been adopted to amend the wording of section 78 of the Labour Code so as to set out explicitly that equal remuneration also applies to work of a different nature but of equal value, in accordance with the Convention. In its latest report, the Government indicates that section 78 of the Labour Code has not been amended although it states that the latest reforms in the Political Constitution guarantee expressly in article 22(6) the equal rights of women, providing that "... men and women are declared legally equal. Women have equal rights and opportunities to men in all walks of life, especially in economic and labour matters ...". In this respect, the Committee recommends that section 78 of the Code be amended to reflect precisely the concept of "work of equal value".

2. The Committee had noted with interest the text of a collective labour agreement concluded in the textile industry and the 1992 statistics on the distribution of men and women workers in the various sectors of activity, supplied by the Government, which showed that the monthly income of women workers was significantly lower than that of men, especially at higher wage levels. In this respect, the Government states that salary differences between men and women in the labour market are of a cultural and historical order but that, in any case, they are not based on any legal grounds since by law wages must be fixed on the basis of objective and technical studies and must not give rise to any discrimination. The Committee suggests that the Government should direct the attention of the institutions responsible for monitoring practical application of labour legislation, for example, the labour inspection system, if appropriate, to ensure equality of remuneration for men and women for work of equal value. Similarly, it suggests that the Government have recourse to ILO technical assistance in this if necessary. The Committee requests the Government to furnish the findings of any labour inspections which have disclosed salary differences between men and women based on sex.

3. The Committee notes the public administration salary scale provided by the Government and the statement that there is no breakdown according to sex. It reminds the Government of the value of statistics on the percentage of women and men in various occupations and levels of the public adminstration for seeking measures to ensure that the principles of the Convention are applied (1986 General Survey on equal remuneration, paragraph 248).

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes the Government's report and the attached documentation.

1. In its previous comments, the Committee recalled that the concept of equal remuneration applied not only to equal work, but also to work of equal value. In this respect, the Government replied that the current wording of section 78 of the Labour Code is not to be interpreted restrictively as meaning only "identical work", but rather to mean "similar" work. The Committee once again requests the Government to report on the measures which have been adopted to amend the wording of section 78 of the Labour Code so as to set out explicitly that equal remuneration also applies to work of a different nature but of equal value, in accordance with the Convention.

2. The Committee notes with interest both the text of the recent collective labour agreement concluded for the branch of industry employing the highest percentage of women workers (textiles), and the statistical information on the distribution of men and women workers in the various sectors of the economy, which were supplied by the Government. It notes that, according to the statistics, the monthly income of women workers in 1992 was significantly lower than that of men, particularly at higher wage levels. It would be grateful to receive possible explanations of this phenomenon together with the next statistics which are supplied.

3. Furthermore, the Committee once again requests the Government to supply with its next report the wage scales applicable in the public administration, indicating the distribution of men and women at the various levels.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

1. In its direct request of 1988, the Committee pointed out that section 78 of the Labour Code, which provides that equal remuneration is to be paid for equal work, without discrimination on grounds of sex, is not sufficient to give effect to the Convention which provides that equal remuneration shall be paid for work of equal value. The Committee notes from the Government's reply in its last report that, under both the Constitution and the Labour Code, a person's sex may not be taken into consideration in fixing wages; that the expression "equal work" in section 78 of the Labour Code is not to be interpreted restrictively as meaning "identical" work, but rather as "similar" work of equal value; and that, in practice, the system for evaluating jobs objectively is being used more extensively in both the public administration and in private enterprises. In these circumstances, the Committee hopes that the Government will be able to take the necessary measures to amend section 78 of the Labour Code to provide explicitly that equal remuneration also applies to work of a different nature but of equal value, in accordance with the Convention. It asks the Government in its next report to indicate the measures taken in this respect.

2. The Committee also notes that it has no recent information enabling it to ascertain how the principle of equal remuneration for men and women is applied in practice where wages are higher than the legal minimum. It would be grateful if the Government would provide in its next report:

(i) the wage scales applying in the public service, indicating the distribution of men and women in the various grades;

(ii) the text of the main collective agreements fixing wage levels, particularly in the branches of activity employing a large number of women, indicating the percentage of women covered by these agreements and the distribution of men and women at the various levels; and

(iii) statistical data on the average earnings of men and women, if possible by occupation and branch of activity, and information on the percentage of women in the various occupations and branches of activity.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee notes that the Government's report contains no reply to its comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

The Committee refers to Article 78 of the Labour Code which provides that equal remuneration is to be paid for work of equal value without discrimination on grounds of sex but that skill and experience in the performance of work shall be taken into account in the calculation of the remuneration. In this connection, the Committee refers to the explanations in paragraphs 19 to 21 and 44 to 65 of its 1986 General Survey on equal remuneration. It recalls that the principle laid down in Article 2 of the Convention refers to work of equal value and points out that while evaluation criteria such as a worker's skill or output allow an objective appraisal of the performance of different persons engaged in similar work they do not constitute a sufficient basis for the application of the principle laid down in the Convention, particularly when men and women, in practice, perform work which is different but of equal value.

The Committee requests the Government to indicate any measures taken or contemplated to ensure that, in practice, men and women receive equal remuneration, particularly when their work is different but of equal value.