Equal Remuneration Convention, 1951 (No. 100) - Colombia (Ratification: 1963)

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

The Committee notes the observations of the National Employers Association of Colombia (ANDI), and those of the Confederation of Workers of Colombia (CTC), the Single Confederation of Workers of Colombia (CUT) and the General Confederation of Workers (CGT), communicated with the Government’s 2022 report. The Committee also notes the observations of the International Organisation of Employers (IOE), of 31 August 2022, in which it refers to the current legislative framework and various judicial decisions in the country.

Article 2 of the Convention. Community mothers. The Committee notes the Government’s indication in its 2018 report that, following the labour formalization measures adopted in 2013 and 2014, community mothers are covered by a labour relationship with the administrative bodies of the Community Households Welfare Programme and receive the minimum monthly statutory wage. It adds that, in the support contracts concluded by the Colombian Family Welfare Institute with these administrative bodies, the requirement is established for the latter to ensure labour relationships with the community mothers. The Committee notes this information.

Article 3. Objective job appraisal. The Committee notes the Government’s indication in its 2018 and 2022 reports that Bill No. 177/2014 to amend Act No. 1496 of 2011 on equal remuneration has been shelved. The Government also explains that: (1) another legislative proposal was submitted in 2018 to the Gender Subcommission of the Standing Commission for Consultation on Wage and Labour Policies (the text of which included, as elements for the appraisal of jobs, qualifications related to education, training and/or acquired experience, physical, mental and psychological effort, responsibilities exercised in relation to persons and resources, and the physical and psychological conditions under which the work is performed), but was not accepted; and (2) a meeting of the Gender Subcommission examined the importance of the establishment of objective criteria for the evaluation of jobs through regulations issued under the Act, and the possible economic and human resources implications that the objective appraisal of jobs could have in small and medium-sized enterprises. The Committee notes that the CGT, CTC and CUT indicate in their observations that the Government has not yet issued the decree required for its implementation and that it would be appropriate to include indicators that can objectively take into account experience, skills and effort in the work performed. In response to these observations, the Government indicates that in 2018 the Gender Subcommission decided to amend Act No 1496 of 2011 before issuing its regulations, as the objective evaluation criteria initially put forward were difficult to regulate. The Government considers that it is important to reactivate the Gender Subcommission in order to make progress in a tripartite context, and indicates in both its reports that work is progressing on the preparation of a proposal for a regulatory decree that takes into account objective factors for the determination of wages. The Committee requests the Government to provide detailed information on the progress made in the amendment of Act No. 1496 of 2011 and the preparation and adoption of its regulatory decree with a view to the establishment of objective criteria for the objective evaluation of jobs in accordance with the principle of the Convention.

Enforcement. The Committee notes the general information provided by the Government on the competences and powers of the labour inspection services in cases of discrimination, and the statistical data on the cases of discrimination examined. The Committee also notes the emphasis placed by the Government on the importance of strengthening the labour inspection services through the design of inspection tools, the allocation of resources and specialized capacity-building as one of the possible ways of resolving the wage gap. The Committee also notes that the CGT, CTC and CUT indicate in their observations that inspectors, unions and the committee mandated to prevent discrimination should have access to records of profiles, the attribution of responsibilities, functions and remuneration as set out in section 5 of Act No. 1496. The Committee once again requests the Government to provide information on any measures adopted to provide capacity-building and resources to the labour inspection services with a view to identifying cases of wage discrimination. It also requests the Government to provide any available information on cases of wage discrimination detected by labour inspectors which have been referred to the administrative and judicial authorities, and the action taken as a result.

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

The Committee notes the observations of the National Employers Association of Colombia (ANDI), and those of the Confederation of Workers of Colombia (CTC), the Single Confederation of Workers of Colombia (CUT) and the General Confederation of Workers (CGT), communicated with the Government’s 2022 report. The Committee also notes the observations of the International Organisation of Employers (IOE), of 31 August 2022, in which it refers to the current legislative framework and various judicial decisions in the country.

Articles 1–4 of the Convention. Assessing and addressing the gender pay gap and its underlying causes, including occupational segregation. The Committee welcomes the statistical data provided by the Government in its 2018 and 2020 reports, which show that: (1) the gender income gap fell from 17.2 per cent in 2017 to 15.4 per cent in 2019, and to 8.7 per cent in 2021; (2) between 2015 and 2021, the economic activities in which most employed women work have not changed, and include commerce, healthcare and education; and (3) according to data for the years 2014 to 2021, the higher the educational level of women, the higher their labour market integration and the lower the wage gap. It further notes the Government’s explanation in its report that the gender wage gap must be understood as a multi-causal phenomenon that is not exclusively reduced to socio-economic variables or the work itself and is closely related to historical exclusions suffered by women in the past. The Committee notes that, in their observations the CGT, CTC and CUT provide various types of statistical data and indicate that: (1) in the context of the COVID-19 pandemic, women with the lowest levels of income from work were those most affected by the loss of their jobs; and (2) rural and migrant women, and those over 55 years of age, with lower educational levels, those in free relationships, or who are separated or divorced, living with minors in the household and those who recognize themselves as being indigenous are most affected by the wage gap.

With reference to measures to address the pay gap, the Committee notes the information provided by the Government on: (1) the Gender Parity Initiative, which seeks to increase the participation of women in the labour market and in leadership roles, and to reduce the wage gap; and (2) the preparation, within the context of the cooperation between Latin America and the European Union (EUROSOCIAL+), of an analytical study of gender wage gaps and of a technical good practice tool for gender equity in the workplace, to reduce wage gaps and gender bias. The CGT, CTC and CUT indicate in their observations that, since the adoption of Act No. 1496 in 2011, it is not known whether affirmative action has been taken in this regard with a positive outcome. The Committee also notes that the Government, and the IOE in its observations, recall the implementation of the EQUIPARES certification programme, which requires enterprises to establish objective methods for the determination of remuneration. The Committee requests the Government to take measures to reduce the persistent occupational segregation between men and women, and in particular to broaden the labour market opportunities of women and their capacity to progress and obtain promotion in their respective occupations. The Committee also requests the Government to provide detailed information on any measures adopted and on their impact, including measures adopted within the context of the Gender Parity Initiative and EUROSOCIAL+ cooperation. Noting the significant reduction of the gender income gap in 2021 as well as the economic context due to the pandemic, in particular the loss of jobs by women, the Committee requests the Government to continue to provide data on the evolution of the gender pay gap over the years and to provide a detailed analysis of such data, taking into account changes in the labour force.

Articles 1(b) and 2(2)(a). Equal remuneration for work of equal value. Legislation. With reference to the amendment of Act No. 1496 of 2011, the terms of which are more restrictive than the principle of the Convention, the Committee notes the Government’s indication that it is working to amend the Act before adopting implementing regulations, with a view to facilitating understanding and the application of the principle of equal remuneration for work of equal value. The Committee hopes that the Government will take the necessary measures as soon as possible to make progress with the amendment of Act No. 1496 with a view to giving full legislative expression to the principle of the Convention.

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

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

Community mothers. In its previous comments, the Committee noted the observations of the Single Confederation of Workers of Colombia (CUT), according to which community mothers (who provide care for young infants) are not recognized as workers and earn less than the minimum wage. The Committee notes the Government’s indication in its report that in 2013 the process of formalizing the work of community mothers was initiated with recognition of 100 per cent of the minimum wage. As from 2014, regulations have been issued respecting the labour relationship between community mothers and the administrators of the Community Households Welfare Programme, which will result in them being covered by the substantive Labour Code. The Committee welcomes this development regarding community mothers and requests the Government to provide information regarding the implementation and enforcement of the recent regulations.

Article 3 of the Convention. Objective evaluation of jobs. In its previous comments, the Committee requested the Government to provide information on the preparation of the decree issuing regulations under Act No. 1496 of 2011 to guarantee equality of wages and labour remuneration for men and women, and particularly, to determine the appraisal factors envisaged in section 4 of the Act. The Committee notes the Government’s indication that it has been decided to amend Act No. 1496 with a view to including evaluation factors that are objective. The Government indicates that for this purpose Bill No. 177 was submitted, which has been approved by the Chamber of Representatives and is currently being examined by the Senate. However, the Committee notes the Government’s indication that it plans to include among the factors of appraisal the educational level of the worker or their work experience. In this regard, the Committee draws the Government’s attention to the apparent confusion between the concept of the evaluation of professional performance, which has the objective of evaluating the manner in which an individual worker has performed her or his work, and the objective appraisal of jobs required by the Convention. The objective appraisal of jobs is the means by which the relative value of jobs is compared based on an examination of the specific tasks that have to be performed in each job. The Committee emphasizes that the objective appraisal of jobs is required to evaluate the specific job, and not the worker in that job. Although the Convention does not specify any particular method of conducting such an appraisal, Article 3 presupposes the use of suitable techniques for the objective appraisal of jobs which allow the comparison of factors such as the skills that are necessary to perform the tasks required for the job, effort and responsibilities, as well as the conditions in which the work or employment is to be performed (see 2012 General Survey on the fundamental Conventions, paragraphs 695–696). The Committee requests the Government to take the necessary measures to ensure that the Bill to amend Act No. 1496 provides for an adequate mechanism for the objective appraisal of jobs which takes into account the criteria specified, as envisaged in Article 3 of the Convention, with a view to ensuring that the principle of equal remuneration for men and women for work of equal value is reflected when establishing or revising job classifications and when determining wages. The Committee requests the Government to provide information on any developments in this regard, including the discussions held on this issue in the Standing Dialogue Commission on Wage and Labour Policies.

Enforcement. The Committee notes that, under the terms of section 7 of Act No. 1496 referred to above, “any difference of treatment in respect of wages or remuneration shall be presumed to be unjustified until the employer demonstrates objective factors for such differentiation”. It notes that, according to the Government, one of the issues that is being examined, in the context of the National Plan for Labour Equality with a Gender Differential Approach for Women is the system of inspection, monitoring and control procedures in relation to equal wages. The Government adds that a protocol is being prepared which will serve as a guide for inspectors with a view to facilitating the identification of cases of wage discrimination. The Committee requests the Government to provide further information on this subject, and on cases of wage discrimination detected by inspectors and submitted to the administrative and judicial authorities, and on the action taken in this regard.

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

The Committee notes the observations of the Confederation of Workers of Colombia (CTC), of 28 August 2015. The Committee also notes the observations of the General Confederation of Labour (CGT), of 2 September 2015. The Committee further notes the Government’s reply to the observations of the CTC and the CGT, of 28 November 2015. Moreover, the Committee notes the observations of the National Employers Association of Colombia (ANDI) and the International Organisation of Employers (IOE), of 27 August 2013 and 1 September 2015, which refer to the measures adopted by the Government to give effect to the Convention, and the Government’s reply to the 2013 observations, received on 6 November 2013.

Articles 1 and 2 of the Convention. Gender pay gap. The Committee notes the Government’s indication in its report that the gap in average monthly income from labour in Colombia fell from 21.4 per cent in 2013 to 20.8 per cent in 2014. The Government has also provided statistical data on: the number of employed persons by sector and by sex at the national level; the number of employed persons by branch of economic activity, showing the persistence of significant occupational segregation (women are concentrated in services and commerce); and the number of employed persons by educational level and by sector, showing that the lower the education level of women, the lower their integration into the labour market. In this regard, the Committee notes the indication by the CGT that the higher the levels within an occupation, the greater the wage gap. The Government also provides information on the implementation of the National Plan for Labour Equity with a Gender Differential Approach for Women, which includes action on three levels: the Equipares labour equity label, the strengthening of inspection and monitoring to identify cases of gender discrimination, including wage discrimination, and awareness-raising measures on wage discrimination and the dissemination of the National Plan among the social partners. The Committee, however, notes that information has not been provided on the specific measures adopted within the framework of the National Plan to reduce the existing pay gap. The Committee further notes that, according to the Government, section 5 of Act No. 1496 of 2011 guaranteeing equal wages for men and women establishes the requirement to keep records of the profile and allocation of positions by sex, functions and remuneration in enterprises with over 200 workers. In this regard, taking into account that a significant number of enterprises have fewer than 200 employed persons, the Committee considers that this measure does not enable adequate monitoring of trends in the labour market participation of men and women and does not provide a basis for promoting equal remuneration for men and women in enterprises with fewer than 200 employed persons. The Committee requests the Government to take specific measures with a view to increasing the labour market participation of women and reducing the significant occupational segregation between men and women, including through the diversification of the vocational training and education provided for women to careers and occupations traditionally occupied by men. The Committee requests the Government to provide information on the measures adopted in the context of the National Plan for Labour Equity with a Gender Differential Approach for Women and their impact in terms of reducing the pay gap at all occupational levels. The Committee further requests the Government to continue providing statistical information on the labour market participation of men and women by sector, economic branch and educational level, disaggregated by gender, in the public and private sectors, including in enterprises with fewer than 200 workers.

Article 1(b). Equal remuneration for work of equal value. Legislation. In its previous comments, the Committee noted the adoption of Act No. 1496 of 2011, which provides in section 7 that “there shall be equal pay for equal work performed in equal posts, with equal hours of work and equal conditions of efficiency …”. The Committee considered that this definition is narrower than the principle of equal remuneration for men and women for work of equal value set out in the Convention and requested the Government to take the necessary measures to ensure that this principle is adequately reflected in the legislation, particularly when adopting the implementing regulations of the Act. The Committee notes the CTC’s indication that the implementing decree has not yet been adopted. The Committee notes the Government’s indication that, due to technical problems relating to objective factors in the allocation of remuneration, regulations have not been adopted under the Act and it is planned to amend the Act. The Government reports that Bill No. 177 of 2014 has been submitted and has already been approved by the Chamber of Representatives, and is currently being examined by the Senate. However, the Committee notes that this Bill does not envisage the amendment of section 7 of the Act. Nevertheless, the Government indicates in its report that the Committee’s comments on the concept of “work of equal value” will be taken into account when making the final adjustments to the Bill to amend Act No. 1496. The Committee once again recalls that the principle of the Convention is not restricted to equal work, but includes work of equal value, which includes, but goes beyond equal remuneration for “equal”, “the same” or “similar” work and also encompasses work that is of an absolutely different nature, but nevertheless of equal value. The Committee trusts that the Government will take the necessary measures to ensure that the principle of equal remuneration for men and women for work of equal value is adequately reflected in the Bill to amend Act No. 1496 of 2011. The Committee requests the Government to provide information on any developments in this regard.

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

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

The Committee notes the observations of the Confederation of Workers of Colombia (CTC) and the Association of Officials of the Medellín Municipality (ADEM) of 29 October 2011, and the Government’s reply. The Committee also notes the observations of 31 August 2012 from the Single Confederation of Workers of Colombia (CUT), and those of 5 September 2012 from the General Confederation of Labour (CGT). The Committee further notes the observations of the International Organisation of Employers (IOE) received on 8 September 2012. The Committee asks the Government to send its observations on the above comments.

Article 1 of the Convention. Work of equal value. Legislation. The Committee notes that the Government reports on the adoption of Act No. 1496 of 29 December 2011, which guarantees equality of pay and remuneration between men and women. The Government states that the Act establishes wage assessment factors such as the nature of the work to be performed, the conditions for admission to the job and conditions of work. The Act provides that enterprises, both public and private, shall keep a register recording profile tasks assigned and remuneration by sex. The Ministry of Labour shall carry out audits for the purpose of assessing the enterprise’s equal wage practices and procedures are established to apply sanctions for breach of wage equality. The Government indicates that there are not as yet any implementing regulations. The Committee notes that the CUT refers to the Act indicating that it was not the subject of consultation with the trade unions and that there is no mechanism for an objective evaluation of jobs. The Committee notes in this connection that although section 7 of Act No. 1496, which amends section 143 of the Labour Code, is entitled “Equal pay for work of equal value”, it provides (first paragraph) that “there shall be equal pay for equal work performed in equal posts with equal hours of work and equal conditions of efficiency ...”. The Committee notes that this is narrower than the principle of the Convention because it does not capture the concept of “work of equal value”: “equal value” goes beyond equal remuneration for “equal”, “the same” or “similar” work and encompasses in addition jobs that are of an entirely different nature but which are nevertheless of equal value. The Committee considers that insistence on factors such as “equal conditions of work, skill and output” can be used as a pretext for paying women lower wages than men (see General Survey on the fundamental Conventions, 2012, paragraphs 673 and 677). The Committee asks the Government to take the necessary steps to ensure that the principle enshrined in the Convention, namely equal remuneration for work of equal value, is fully reflected in the legislation, and asks it to take the principle into account when the regulations to implement Act No. 1496 are being drafted. The Committee asks the Government to provide information on the progress made in this regard. While noting that according to section 4 of the Act, the Ministry of Labour and the Standing Committee for consultation on wage and labour policies are to determine by agreement the criteria for applying the wage assessment factors to be used by employers in determining remuneration, the Committee asks the Government to provide information on the effect given to section 4 of the Act and on the manner in which this provision promotes objective job evaluation, as envisaged in Article 3 of the Convention.

Remuneration. The Committee notes the Government’s statement that according to section 127 of the Substantive Labour Code, as amended by Act No. 50 of 1990, “wages shall consist not only of ordinary remuneration, whether fixed or variable, but of everything the worker receives in cash or kind in direct exchange for service ... allowances, premiums, ordinary bonuses, ... overtime ...”. The Government adds that this definition was confirmed by the Constitutional Court in Decision No. C-892 of 2009. The Committee notes that according to the relevant paragraph of that decision, transcribed by the Government, the term “wages” does not cover remuneration for the worker during compulsory rest (holidays and non-work days) or any cash or goods the worker receives in order to perform his or her duties properly such as for travel. While noting this information, the Committee asks the Government to ensure that remuneration during compulsory rest and any money or goods workers receive in order to perform their duties properly which, according to the Constitutional Court, do not constitute wages, are provided to workers without distinction as to sex, in accordance with the principle of the Convention.

Article 2. The Committee notes that, according to the Government, Decree No. 4463 of 25 November 2011 was adopted to regulate Act No. 1257 setting out rules on awareness raising, prevention and punishment relating to forms of violence and discrimination against women. An objective of the Decree is to define the actions needed to promote social and economic recognition of the work of women and establish mechanisms to make equal remuneration for men and women effective. The Committee notes that according to the CUT, there are no reports on the results of the implementation of these provisions. The Government reports on the drafting of the Ministry of Labour’s national plan for employment equity with a differential gender focus for women, which provides for the development of preventive measures and the reduction of unemployment and informal employment among women, and the design of a monitoring system. The plan also provides for strategies to eliminate the pay gap between men and women which include the redistribution of social roles, recognition of the care economy and the incorporation of women in sectors of economic activity which are predominantly male. Furthermore, pursuant to Resolution No. 404 of 22 March 2012, internal working groups were set up in the various territorial departments of the Ministry of Labour to develop strategies for the dissemination of women’s rights at work and for the preventive inspection of workplaces with a view to avoiding all violations of equal remuneration. The Committee asks the Government to provide information on the practical results obtained through the implementation of the national plan for employment equity with a differential gender focus for women in terms of the effect given to the principle of equal remuneration for men and women for work of equal value, laid down in the Convention, and its impact in terms of reducing the gender pay gap. Please provide information on the establishment of the monitoring system envisaged in the plan and on the preventive inspection visits to workplaces carried out with a view to ensuring equal remuneration.

Community mothers. The Committee notes the CUT’s observations to the effect that community mothers, whose job is to provide childcare for infants, are not recognized as workers and earn less than the minimum wage. The Committee asks the Government to send its comments on this subject.

Articles 3 and 4. The Government states that in accordance with section 6 of Act No. 1496, work has been undertaken jointly with the Standing Committee for consultation on wage and labour policies to draft a decree regulating the Act. Work is also under way in conjunction with the United Nations Development Programme (UNDP) to develop an equity seal for the certification of private companies and public institutions that undertake systemic changes and adopt new attitudes with a view to incorporating gender equity. The Committee notes that in its observations the CUT states that the Act was not submitted for consultation and that the Standing Committee met only once – unsuccessfully – to draft the regulatory decree and determine criteria for applying the assessment factors provided for in section 4 of the Act. The Committee asks the Government to continue to provide information on the implementation of these measures and on the measures adopted under the Agenda for Equality at Work and the Inter-Union Gender Committee, to which the Government referred in its previous report.

Statistical information. The Committee notes the information provided by the Government to the effect that, out of a total of 7,785,503 workers in the public and private sectors, 3,148,805 are women (40 per cent). In the public sector, women account for 51 per cent of the workforce. These statistics show that occupational segregation persists, since women are still poorly represented in sectors where men predominate traditionally, such as construction, electricity, agriculture and mining. The Committee notes that with the implementation of the recently adopted Act No. 1496, the Government plans to develop training programmes for women in the construction sector as a way of combating occupational segregation. The Committee observes, however, that the Government provides no information on the remuneration rates of men and women. It notes that according to the CUT, there was a 17.7 per cent wage gap between men and women in 2011, which rose to 20.2 per cent in the first quarter of 2012. The Committee asks the Government to provide information on the implementation of the women’s training programme in the construction sector, indicating whether it is to be extended to other sectors, and to continue to provide statistical information on the status of men and women in the labour market and on their distribution in the various occupations, jobs and economic sectors. Please also provide statistical information on the remuneration rates of men and women in the public and private sectors disaggregated by occupation and on measures taken to address the gender pay gap.

Enforcement. The Committee notes the information provided by the Government to the effect that four investigations are under way in connection with non-compliance with equal wages under Act No. 1496. The Committee asks the Government to provide information on the status of these and any other investigations and on any complaints addressed by the labour inspectorate or the judicial authority relevant to the application of the principle of the Convention.

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

The Committee notes the observations of 30 August 2011, of the Single Confederation of Workers of Colombia (CUT) and the Confederation of Workers of Colombia (CTC) concerning the persistence of a marked wage gap between men and women, and reporting that few women are employed in the rural sector and that there is no objective job evaluation mechanism, owing in part to the absence of regulations to Act 1258 of 2008. The Committee asks the Government to send its comments in reply.

Article 1 of the Convention. Work of equal value. Legislation. The Committee has, for a number of years, been asking the Government to amend the provisions of the legislation that are more restrictive than the principle of equal remuneration for work of equal value laid down in the Convention, namely: section 5 of Act No. 823 of 10 July 2003 establishing rules on equal opportunities for women; and section 143 of the Substantive Labour Code. The Committee understands that a bill is under preparation in the Seventh Committee of the Chamber of Representatives “to establish mechanisms to promote affirmative action for wage equality between men and women in Colombia” (Bill No. 015 of 2010). The Committee observes that section 1 of the Bill provides that the purpose of the law is to prevent and combat any unwarranted differential in pay between men and women engaged in the same job, occupation or post with identical functions. Section 4 of the Bill refers to “mandatory guiding criteria for employers regarding payment of equal wages for equal work for men and women”. The Committee notes that these provisions are more restrictive than the principle of “equal remuneration for work of equal value” laid down in the Convention. It recalls that in its general observation of 2006, it emphasized that the concept of “equal value” is essential to addressing occupational segregation, where men and women often perform different jobs under different conditions, and even in different establishments, since it permits a broad scope of comparison. “Work of equal value” includes but goes beyond equal remuneration for “equal”, the “same” or “similar” work, and also encompasses work that is of an entirely different nature, which is nevertheless of equal value (general observation of 2006, paragraph 3). The Committee asks the Government to report on the progress through Parliament of Bill No. 015 of 2010 and to take the necessary measures to ensure that the legislation adopted gives full effect in law to the principle of equal remuneration for men and women for work of equal value laid down in the Convention.

Articles 3 and 4. The Committee notes that the Government provides information on the adoption of an Agenda for equality at work, consisting of an express commitment made by the unions to gender equality in enterprises, in order to strengthen the role of women and to carry out specific measures to ensure their effective inclusion in the labour market. The Agenda sets out 12 strategies that include wage equality, and was signed in March 2009 by 17 country-level unions and 17 private enterprises, and these were joined in June 2010 by 22 unions belonging to the Inter-Union Committee of Valle del Cauca. As a result of the Agenda, an inter-union gender committee was established to pursue the objectives set, and in 2010 an “gender equity model” was adopted with a view to reducing the wage gap. The Committee asks the Government to continue to provide information on the implementation of these and similar measures and on their impact in reducing the wage gap and in giving effect to the principle of the Convention.

The Committee notes that although it contains some general information, the Government’s report does not reply specifically to the pending issues referred to below:

Article 1 of the Convention. Remuneration. The Committee notes that the Government’s report does not supply any information on the Committee’s comments regarding the communication of 15 August 2007 from the Single Confederation of Workers of Colombia (CUT) concerning the narrow definition of remuneration in the legislation. The Committee asks the Government once again to take the necessary steps to ensure that account is taken not only of the ordinary, basic or minimum wage or salary but also of “any additional emoluments whatsoever payable directly or indirectly, whether in cash or in kind, by the employer to the worker and arising out of the worker’s employment” to ensure equal remuneration for men and women for work of equal value. The Committee asks the Government to include information in this respect in its next report.

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Article 2. The Committee notes the adoption of Act No. 1257 of 4 December 2008 establishing standards regarding awareness raising, prevention and penalties relating to violence and discrimination against women. The Committee also notes the reform of the Penal Code and the Code of Criminal Procedure, the adoption of Act No. 294 of 1996 and of other provisions. In particular, section 12 establishes that the Ministry of Social Protection will promote the social and economic recognition of the work of women and will implement mechanisms for enforcing the right to equal remuneration. The Committee hopes that the planned mechanisms will include effective measures to ensure equal remuneration for work of equal value and not only for equal work, in order to effectively address pay discrimination against women. The Committee asks the Government to supply information on these mechanisms and their implementation.

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Research and statistical information. The Committee notes the information supplied in the Government’s report on the application of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), concerning the research undertaken to compare the income of men and women in the private sector with a view to making progress in identifying possible reasons for the persistent wage gaps in the country. The Committee would welcome further information on the results of, and follow-up to, research on the gender wage gap. The Committee asks the Government once again to supply statistical information to the extent possible, in accordance with its 1998 general observation, namely with regard to:

• (i) the distribution of men and women in the public sector, the federal and/or state civil service, and in the private sector by earnings levels and hours of work (defined as hours actually worked or hours paid for), classified by: (1) branch of economic activity; (2) occupation or occupational group or level of education/qualification; (3) seniority; (4) age group; (5) number of hours actually worked or paid for; and, where relevant, by (6) size of enterprise and (7) geographical area; and
• (ii) statistical data on the composition of earnings (indicating the nature of earnings, such as basic, ordinary or minimum wage or salary, premium pay for overtime and shift differentials, allowances, bonuses and gratuities, and remuneration for time not worked) and hours of work (defined as hours actually worked or paid for), classified according to the same variables as the distribution of employees (subparagraphs (1) to (7) of paragraph (i) above).

Monitoring of application. The Committee asks the Government once again to supply information on the inspection unit’s activities in relation to the principle of equal remuneration for men and women for work of equal value.

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

Article 1 of the Convention. Remuneration. The Committee notes that the Government’s report does not supply any information on the Committee’s comments regarding the communication of 15 August 2007 from the Single Confederation of Workers of Colombia (CUT) concerning the narrow definition of remuneration in the legislation. The Committee asks the Government once again to take the necessary steps to ensure that account is taken not only of the ordinary, basic or minimum wage or salary but also of “any additional emoluments whatsoever payable directly or indirectly, whether in cash or in kind, by the employer to the worker and arising out of the worker’s employment” to ensure equal remuneration for men and women for work of equal value. The Committee asks the Government to include information in this respect in its next report.

Work of equal value. For a number of years the Committee has been pointing out that certain legislative provisions should be amended, specifically section 5 of Act No. 823 of 10 July 2003 concerning equal opportunities for women, and also section 143 of the Substantive Labour Code, which establish a narrower principle than the one set forth in the Convention since they refer to equal wages for “equal work” and not for “work of equal value”. The Committee urges the Government to amend the abovementioned provisions to bring them into line with the principle of equal remuneration for men and women for work of equal value, and to provide information on steps taken in this regard.

Article 2. The Committee notes the adoption of Act No. 1257 of 4 December 2008 establishing standards regarding awareness raising, prevention and penalties relating to violence and discrimination against women. The Committee also notes the reform of the Penal Code and the Code of Criminal Procedure, the adoption of Act No. 294 of 1996 and of other provisions. In particular, section 12 establishes that the Ministry of Social Protection will promote the social and economic recognition of the work of women and will implement mechanisms for enforcing the right to equal remuneration. The Committee hopes that the planned mechanisms will include effective measures to ensure equal remuneration for work of equal value and not only for equal work, in order to effectively address pay discrimination against women. The Committee asks the Government to supply information on these mechanisms and their implementation.

Articles 3 and 4. The Committee again asks the Government to supply information in its next report on the way in which it collaborates with the employers’ and workers’ organizations concerned in order to apply the provisions of the Convention, and in particular on any training activities relating to the principle of the Convention and the adoption of measures for promoting objective job evaluation on the basis of the tasks involved.

Research and statistical information. The Committee notes the information supplied in the Government’s report on the application of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), concerning the research undertaken to compare the income of men and women in the private sector with a view to making progress in identifying possible reasons for the persistent wage gaps in the country. The Committee would welcome further information on the results of, and follow-up to, research on the gender wage gap. The Committee asks the Government once again to supply statistical information to the extent possible, in accordance with its 1998 general observation, namely with regard to:

(i)    the distribution of men and women in the public sector, the federal and/or state civil service, and in the private sector by earnings levels and hours of work (defined as hours actually worked or hours paid for), classified by: (1) branch of economic activity; (2) occupation or occupational group or level of education/qualification; (3) seniority; (4) age group; (5) number of hours actually worked or paid for; and, where relevant, by (6) size of enterprise and (7) geographical area; and

(ii)   statistical data on the composition of earnings (indicating the nature of earnings, such as basic, ordinary or minimum wage or salary, premium pay for overtime and shift differentials, allowances, bonuses and gratuities, and remuneration for time not worked) and hours of work (defined as hours actually worked or paid for), classified according to the same variables as the distribution of employees (subparagraphs (1) to (7) of paragraph (i) above).

Monitoring of application. The Committee asks the Government once again to supply information on the inspection unit’s activities in relation to the principle of equal remuneration for men and women for work of equal value.

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

Article 1(a) of the Convention. Concept of remuneration. In its previous comments, the Committee noted a communication of 15 August 2007 from the Single Confederation of Workers of Colombia (CUT) and stated that it would deal with it together with the Government’s comments. These were received on 18 March 2008. The CUT indicates that section 15 of Act No. 50 of 1990 amending the Substantive Labour Code expressly precludes any share in profits from being counted as wages. It also allows the exclusion from wages of “regular or occasional benefits or allowances established under agreements on contracts or otherwise granted by the employer on a non-statutory basis where the parties have expressly provided that these constitute wages in cash or in kind, such as food, accommodation or clothing, non-statutory bonuses for holidays, services or Christmas”. The CUT asserts that by excluding indirect payments and allowing, upon agreement, some regular or occasional benefits or allowances to be excluded from wages, Act No. 50 paved the way for discrimination in remuneration based on sex. The Committee observes that the Government has sent no information regarding this matter. The Committee recalls that as long ago as 1994, it referred to section 15 of Act No. 50. It noted that according to the interpretation of the abovementioned provisions given by the Supreme Court of Justice on 12 February 1993, premiums, bonuses or awards, the reimbursement of costs and allowances in kind, do not constitute wages in the legal sense but are nonetheless benefits arising out of employment. It pointed out that the principle of equal remuneration for men and women established in the Convention applies not only to wages but also to any additional emolument in cash or in kind payable to the worker and arising out of the worker’s employment, and it asked the Government to ensure that this principle was applied in practice. The Committee notes the CUT’s comment that the problem persists. It points out that regardless of the other effects of the Supreme Court’s interpretation, for the purposes of determining remuneration as defined in the Convention, with a view to ensuring equality of remuneration between men and women for work of equal value, account must be taken not only of the wage or salary but also “any additional emoluments whatsoever payable directly or indirectly, whether in cash or in kind, by the employer to the worker and arising out of the worker’s employment”. The Committee once again asks the Government to take the necessary steps to ensure that this principle is applied effectively and to provide detailed information on this matter, together with replies to the Committee’s comments of 2007.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

1. Articles 3 and 4 of the Convention. The Committee asks the Government to provide information on the way in which it collaborates with the employers’ and workers’ organizations concerned in order to apply the provisions of the Convention, and in particular on the training activities relating to the principle of the Convention and the adoption of measures for promoting objective job evaluation, on the basis of the tasks involved, as provided for by Article 3 of the Convention.

2. Statistical information. The Committee asks the Government to supply in its next report the fullest possible statistical information, disaggregated by sex, in relation to paragraphs (i) and (ii) of its 1998 general observation on the Convention.

3. Monitoring of application. In its previous direct request, the Committee asked the Government to send details of the plan of action of the Ministry of Labour’s Special Labour Inspection, Supervision and Control Unit with regard to the application of the Convention and on any training courses held. It also requested information on the inspection unit’s activities to promote and enforce the principle of the Convention and on the number of complaints to judicial or administrative bodies concerning gender-based pay discrimination. The Committee notes that the Government’s report contains information of a general nature regarding the inspection unit’s activities and of the complaints lodged with no clear link to the application of the principle of the Convention. The Committee, therefore, concludes that the information supplied does not reply to its request. The Committee, therefore, repeats its request to the Government to supply information on the inspection unit’s activities in relation to the principle of equal remuneration for men and women for work of equal value.

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

1. The Committee notes the communication from the Single Confederation of Workers (CUT) which not only refers to the application of the Convention but also indicates that by 15 August 2007 the CUT, which is the most representative organization, had not received a copy of the Government’s report. CUT was therefore sending its comments without having seen the report and reserved the right to enlarge on them upon receiving it. The Committee notes that in its report sent on 25 July 2007, the Government indicates that it is forwarding a copy to the CUT amongst others. The Committee will address these comments in greater detail together with any comments the Government may wish to formulate.

2. Work of equal value. For several years the Committee has been pointing out that the Substantive Labour Code ought to be amended in order to establish expressly the principle of equal remuneration for work of equal value and to bring the national legislation into line with the Convention. It observed previously that section 5 of Act No. 823 of 10 July 2003 issuing rules on equal opportunities for women contains, as does section 143 of the abovementioned Code, a principle that is narrower than the one set forth in the Convention since it refers to equal wages for “equal work” and not “work of equal value”, thus precluding any comparison of jobs that are different but that warrant equal remuneration because they are of equal value. The Committee asked the Government to consider amending the abovementioned provisions in order to bring them into line with the principle enshrined in Article 2(1) of the Convention.

3. The Committee notes that, according to the report, the Government considers that there is no need to amend the Labour Code in order to include the principle of equal value, because the Constitution provides that duly ratified international agreements “are an integral part of domestic legislation”, Convention No. 100 being a case in point. According to the report, “there is a specific rule on work and equal pay which states that ‘for equal work performed in a like post and according to the same schedule and conditions of efficiency, equal wages must be paid …’ (section 143 of the Labour Code)”. As the Committee has pointed out previously, this provision does not reflect the principle of the Convention, which includes but goes beyond the principle of equal pay for equal work performed in a like post. It draws the Government’s attention to its general observation of 2006 on the Convention, in which it explains the concept of equal value, and hopes that the general observation may be of use in clarifying the differences between equal work and work of equal value and the importance of appropriate legislation in applying the Convention. In paragraph 3 of its general observation, the Committee said as follows: “In order to address … occupational segregation, where men and women often perform different jobs, under different conditions, and even in different establishments, the concept of ‘work of equal value’ is essential, as it permits a broad scope of comparison. ‘Work of equal value’ includes but goes beyond equal remuneration for ‘equal’, ‘the same’ or ‘similar’ work, and also encompasses work that is of an entirely different nature, which is nevertheless of equal value. Furthermore, the application of the Convention’s principle is not limited to comparisons between men and women in the same establishment or enterprise. It allows for a much broader comparison to be made between jobs performed by men and women in different places or enterprises, or between different employers.”

4. Legislative framework. In its general observation, the Committee stressed the importance of giving full legislative expression to the concept of work of equal value, since narrower provisions “hinder progress in eradicating gender-based pay discrimination against women at work”. The Committee went on to underline that “such legislation should not only provide for equal remuneration for equal, the same or similar work, but should also prohibit pay discrimination that occurs in situations where men and women perform different work that is nevertheless of equal value” (paragraph 6). Consequently, the Committee urges the Government to bring its legislation into line with the Convention’s principle of equal remuneration between men and women for work of equal value, including section 143 of the Substantive Labour Code and section 5 of Act No. 183 of 2003, as well as all other provisions of the legislation on this subject, and to provide relevant information of progress achieved in this regard.

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

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

1. Article 2(1) of the Convention. The Committee notes that, according to the Government, the policies generated through the Ministry of Labour’s Special Labour Inspection, Supervision and Control Unit and implemented under its action plan make no distinction on grounds of sex and are based on the Constitution and the labour law in force. The Committee points out however that it is not enough to apply apparently neutral measures in order to promote and secure effective application of the principle of the Convention, and hopes that the Government will consider the possibility of providing specific training on the Convention for staff of the above Unit so that through their work they can contribute to ensuring that the Convention is fully applied. The Committee therefore asks the Government to send details of the action plan together with information on any training courses held. It also renews its request for information on the Unit’s activities to promote and enforce the principle of the Convention and on the number of complaints to judicial or administrative bodies on grounds of wage discrimination based on sex.

2. With regard to points 1 and 4 of its previous direct request, which concerned respectively the measures adopted or foreseen to facilitate the application of the principle laid down in the Convention and the job appraisal methods used in large enterprises, the Committee asks the Government to provide the information requested on these points.

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

For several years, the Committee has been pointing out that the Substantive Labour Code ought to be amended in order to enshrine expressly the principle of equal remuneration for work of equal value and to bring the national legislation into line with the Convention. The Committee observes that section 5 of Act No. 823 of 10 July 2003 sets forth, as does section 143 of the abovementioned Code, a principle that is narrower than the one laid down in the Convention in that it refers to equal pay for “equal work” and not for “work of equal value”, thus precluding any comparison of jobs that are different but that warrant equal remuneration because they are of equal value. The Committee trusts that in its next report the Government will be in a position to provide information on the progress made in amending these two provisions to bring them into conformity with the principle enshrined in Article 2, paragraph 1, of the Convention.

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

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

The Committee notes the information provided by the Government in its last two reports.

1. The Committee notes that the Government’s reports contain no indications on the measures adopted or envisaged to incorporate into the Substantive Labour Code the principle of equal remuneration for men and women workers for work of equal value, and that no information is supplied on the measures taken to promote and, where appropriate, guarantee the application of the principle set out in the Convention. The Committee once again asks the Government to indicate the measures adopted or envisaged to make possible the application of the principle of equal remuneration for men and women workers for work of equal value.

2. The Committee notes the information supplied by the Government in its report indicating that the participation rate of women in government departments and other administrative departments and state bodies is higher than that of men. The Committee trusts that the Government will provide statistics with its next report indicating the distribution of men and women at the higher levels of the public administration.

3. The Committee notes that the Government has not provided information in its reports in relation to its previous comment on the activities that are being undertaken by the Special Labour Inspection, Supervision and Control Unit of the Ministry of Labour with a view to ensuring equal remuneration for men and women workers for work of equal value. The Committee urges the Government to provide the above information with its next report, as well as information on the number of claims made to administrative or judicial bodies concerning wage discrimination on grounds of sex and their outcomes.

4. In various earlier comments, the Committee had asked the Government to provide information on the manner in which it ensures that methods of evaluating jobs and work in large enterprises are not discriminatory. It notes that the Government’s reports contain no indications in this respect. The Committee reminds the Government that the existence of evaluation criteria which are not discriminatory in themselves does not prevent them from becoming discriminatory if they are not applied in good faith. In the 1986 General Survey, the Committee referred, for example, to criteria which may become unacceptable when they give rise to different wages for men and women, as would occur in the case of performance, as a criterion, if the average performance of each sex were measured. The Committee once again asks the Government to indicate the manner in which it is ensured that evaluation criteria are encouraged in the private sector, an indication, for example, of whether there exist procedures by which such evaluations can be challenged where their outcome violates the principles set forth in the Convention. The Committee also once again asks the Government to provide copies of collective agreements concluded in sectors that generally employ a large number of women workers with a view to ascertaining the manner in which the principle of equal remuneration for men and women workers for work of equal value is applied in practice.

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

The Committee notes the information supplied by the Government in its two reports.

For several years the Committee has been pointing to the need to amend the Labour Code in order to establish expressly the principle of equal remuneration for work of equal value so as to bring the national legislation into conformity with the Convention. The Committee notes that section 5 of Act No. 823 of 10 July 2003 establishing rules on equal opportunities for women lays down a principle which is narrower than that of the Convention in that it refers to equal pay for "equal work" and not "work of equal value", and thus does not provide for the possibility of comparing work which is different but warrants equal pay. The Committee asks the Government to consider amending the abovementioned provision in order to bring it into line with the principle enshrined in Article 2, paragraph 1, of the Convention.

The Committee is also sending a direct request concerning other matters.

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

The Committee notes the information provided by the Government in its report, and particularly the attached documentation. It notes the copies of judicial rulings and the statistical data provided in reply to its previous request.

1. The Committee notes that no legal text has yet been adopted corresponding to the principles set out in the Convention. The Committee has been indicating for years the desirability of amending the Substantive Labour Code with a view to explicitly setting forth the principle of equal remuneration for work of equal value and thereby bringing the national legislation into harmony with the Convention on this point. The Committee recalls that this principle presupposes the adoption of the concept of work of equal value. The Committee adds that, while there is no general obligation to enact legislation setting forth this principle under the terms of the Convention, since it can also be applied by the other means indicated in Article 2, legislation is one of the best methods of guaranteeing this principle. The Committee asks the Government to indicate the means through which the Government promotes and ensures the application of the principle of equal remuneration for men and women workers for work of equal value.

2. The Committee notes the adoption of Act No. 581 of 31 May 2000 respecting the adequate and effective participation of women at the decision-making levels of the various branches and bodies of the public authority, in accordance with articles 13, 40 and 43 of the Constitution, which establishes a minimum level of 30 per cent for the participation of women. The Committee asks the Government to provide information on the application of this Act in practice, and to supply information on the number of "highest decision-making" and "other decision-making" positions which are in practice occupied by women, compared with the numbers of men in such positions.

3. The Committee notes the statistical information provided by the Government indicating that in 1996 the earnings gap was 27 per cent, compared with 1982 when women earned an average of 36 per cent less than men. The Committee asks the Government to provide information on the activities, as they relate to the principle set out in the Convention, that are being undertaken by the Permanent Dialogue Commission on Wage and Labour Policies, established under Act No. 278 of 30 April 1996, which has the mandate to guarantee both the equitable redistribution of income and women’s rights. It also asks the Government to provide further information on the action taken in practice in the context of the Equal Opportunities Plan under the National Development Plan "Change to construct peace, 1998-2002", as it relates to the application of the Convention.

4. The Committee notes that the Government has not provided information on the effect given to ruling No. T-026-96 of the Constitutional Court which, among other matters, found that there are "activities which for reasons of sex are outside the scope of the principle of non-discrimination and equality of treatment; as occurs with certain occupational categories or groups which, based on considerations of a biological or physical nature, as well as social or cultural characteristics, are occupied solely or predominantly by individuals of a single sex. In these limited cases, the majority or exclusive presence of individuals of the same sex in the performance of an activity is intended for a more effective performance of the range of activities discharged by a specific enterprise or the optimal provision of a public service, which would be undermined if the engagement of a worker of a different sex distorts, hinders or, in the final analysis, impedes the proper discharge of the inherent functions of the respective activity". The Committee reiterates its request for the Government to indicate the categories of work and occupations in which women would be excluded on grounds of sex.

5. The Committee notes the adoption of Decree No. 1128 of 29 June 1999 restructuring the Ministry of Labour and establishing the Special Labour Inspection, Supervision and Control Unit, with responsibility for coordinating, developing and evaluating prevention, inspection, supervision and control activities throughout the national territory and for promoting machinery, procedures and tools to guarantee compliance with the provisions governing individual and collective labour rights, in both the public and the private sector. The Committee asks the Government to provide information on the activities, inspections, procedures, etc. developed by the above unit with a view to ensuring equal remuneration for men and women workers for work of equal value. The Committee also asks the Government to provide information on the number of claims made to judicial bodies concerning wage discrimination on grounds of sex.

6. The Committee notes that the Government’s report does not reply to the request made in its previous comments. It asks the Government to reply in its next report to the questions raised in paragraph 4 of its previous comments, which read as follows:

With regard to methods of evaluating tasks in order to determine wages, particularly in large enterprises, the Committee notes that, according to the Government, the criteria taken into account are length of service, improvement of occupational skills and output. The Committee draws the Government’s attention to paragraph 54 of the above General Survey in which it points out that, while such criteria (relating to performance appraisal) are not discriminatory in themselves as a basis for wage differentiation, they must be applied in good faith. The Committee once again asks the Government to indicate how it ensures that these methods for assessing tasks are not applied in a discriminatory manner and to provide copies of collective agreements in sectors of activity which employ a large number of women workers.

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

The Committee notes the information provided in the Government's report. Given that the jurisprudence referred to in the report was not received, the Committee requests the Government to provide it with copies of Constitutional Court decisions SU-519/97 and T-026.

1. The Government indicates that article 13 of the Colombian Constitution prohibits any form of discrimination, thereby implicitly establishing the principle of equality, which the Government states has been applied in the area of labour through the relevant jurisprudence. For some years, the Committee has noted that section 143 of the Substantive Labour Code ("the Code") provides that "equal wages shall be paid for equal work performed in the same job, with the same working time and under equal conditions of efficiency". The relevant jurisprudence has expressed the principle of equal pay for equal work, establishing it as a fundamental right under the Colombian Constitution. However, the Committee refers the Government to the language of Article 2(1) of the Convention, which calls for "the application to all workers of the principle of equal remuneration for men and women workers for work of equal value". The Convention thus moves beyond a reference to the "same" or "similar" work, choosing instead the "value" of the work as the point of comparison. This basis of comparison is intended to reach discrimination which may arise out of the existence of occupational categories and jobs reserved for women and is aimed at eliminating inequality of remuneration in female-dominated sectors, where jobs traditionally considered as "feminine" may be undervalued due to sex stereotyping (see General Survey on equal remuneration, ILO, 1986, paragraphs 19-23). The Committee therefore again asks the Government to indicate whether it contemplates giving legislative expression to the principle of Article 2 of the Convention.

2. The Government indicates that, in decision No. T-026 of 26 January 1996, the Constitutional Court established criteria for evaluating jobs to determine the existence of discrimination on the basis of sex. The Committee notes with interest the Government's summary of the Court's decision. According to the summary provided, the Court held, inter alia, that the exclusion of certain activities from the scope of equal opportunity and treatment on the basis that the sex of the actor is an inherent requirement of the activity must be analysed in a restrictive manner. The Government is asked to indicate the manner in which this principle is applied in practice and to provide information on the categories of jobs and occupations, if any, from which women are excluded on the basis of sex.

3. The Committee notes that the Government's report does not contain any information reflecting the average earnings of men and women. In order to permit an evaluation of the application of the principle of the Convention, the Government is asked to provide, in its next report, the statistical information requested in the general observation on the Convention.

4. The Committee notes that the Government's report does not respond fully to the points made in the Committee's previous comments. The Government is asked to provide a response in its next report to the matters raised in points 3 and 4 of the previous comments, which read as follows:

3. With regard to methods of evaluating tasks in order to determine wages, particularly in large enterprises, the Committee notes that, according to the Government, the criteria taken into account are length of service, improvement of occupational skills and output. The Committee draws the Government's attention to paragraph 54 of the above-mentioned General Survey in which it points out that, while such criteria (relating to performance appraisal), are not discriminatory in themselves as a basis for wage differentiation, they must be applied bona fide. The Committee asks the Government once again to indicate how it ensures that these methods for assessing tasks are not applied in a discriminatory manner and to provide copies of collective agreements in sectors of activity which employ a large number of women workers.

4. The Committee notes the statistical information supplied by the Government in its report on administrative careers and the protection provided by the State through the National Civil Service Commission to these officials. The Committee requests the Government to supply these statistics disaggregated according to sex and any decision of the National Civil Service Commission relating to equal remuneration for work of equal value.

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

The Committee notes the Government's report and the reply to its comments, particularly on Article 1(a) of the Convention.

1. In its previous comments, the Committee noted that section 143 of the Labour Code provides that "equal wages shall be paid for equal work performed in the same job, with the same working time and under equal conditions of efficiency", which did not seem to be construed as encompassing equal remuneration for work of equal value, as provided for in the Convention. The Committee noted that Decree No. 1398 of 3 July 1990 protects women against all discriminatory practices and, in particular, provides (section 9(e)) that equality in employment includes, amongst other things, equality of remuneration, benefits and any assessment of performance of work. The Government stated that wages are fixed on the basis of the tasks performed, regardless of whether the work is done by a man or a woman. In its latest report, the Government indicates that in Judgement No. T-102/95, the Constitutional Court referred to section 143 of the Labour Code relating to "equal work, equal pay", as a fundamental right under the Constitution.

2. The Committee points out again that by requiring jobs to be compared in terms of their value, the Convention goes beyond the concept of "identical" or "similar" or "equal" work. It asks the Government to refer to its 1986 General Survey on equal remuneration, particularly paragraphs 44 to 78, in which the concepts of equality are explained. It hopes that the Government will take the necessary measures to ensure that section 143 of the Labour Code is amended so as to lay down explicitly the principle of equal remuneration for work of equal value, in order to bring it into conformity with the Convention on this point.

3. With regard to methods of evaluating tasks in order to determine wages, particularly in large enterprises, the Committee notes that, according to the Government, the criteria taken into account are length of service, improvement of occupational skills and output. The Committee draws the Government's attention to paragraph 54 of the above-mentioned General Survey in which it points out that, while such criteria (relating to performance appraisal), are not discriminatory in themselves as a basis for wage differentiation, they must be applied bona fide. The Committee asks the Government once again to indicate how it ensures that these methods for assessing tasks are not applied in a discriminatory manner and to provide copies of collective agreements in sectors of activity which employ a large number of women workers.

4. The Committee notes the statistical information supplied by the Government in its report on administrative careers and the protection provided by the State through the National Civil Service Commission to these officials. The Committee requests the Government to supply these statistics disaggregated according to sex and any decision of the National Civil Service Commission relating to equal remuneration for work of equal value.

5. The Committee noted that the Government again stated that the "Dirección de Vigilancia y Control" of the Ministry of Labour and Social Security and the National Wages Council, a tripartite body, were empowered to monitor and supervise the observance of legal provisions. It also noted that the above-mentioned Decree No. 1398 (sections 14 and 15) provided for the establishment of a coordination and supervision committee to monitor the strict application of its provisions. The Committee repeats its previous request regarding the "Dirección de Vigilancia y Control" of the Ministry of Labour and Social Security in regard to observance of the standards relating to the Convention (infringements recorded, penalties imposed and court decisions, if any).

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

The Committee notes the Government's report and the information it contains in reply to its comments.

1. The Committee recalls that under section 128 of the Labour Code, as amended by section 15 of Act No. 50 of 1990, remuneration does not include sums that are paid to the worker by the employer on an occasional basis and out of generosity (bonuses, premiums or awards) or allowances in cash or in kind that are paid to workers to carry out their jobs (costs of representation, transport or other similar expenses) or certain social benefits or customary or occasional benefits when the parties have explicitly provided that they do not constitute remuneration (food, housing or clothing, certain bonuses above the legal minimum). The Committee notes that according to the interpretation of the above-mentioned provisions given by the Supreme Court of Justice on 12 February 1993, premiums, bonuses or awards, the reimbursement of costs and allowances in kind do not constitute wages in the legal sense, but are none the less benefits arising out of employment. The Committee points out that the principle of equal remuneration for men and women laid down in the Convention means not only the wage or salary but also any additional emoluments (Article 1 of the Convention). The Committee would therefore be grateful if the Government would indicate how it guarantees the practical application of this principle to elements of remuneration other than the ordinary, basis or minimum wage or salary, in accordance with the Convention.

2. In its previous comments, the Committee also noted that section 143 of the Labour Code provides that "equal wages shall be paid for equal work performed in the same job, with the same working time and under equal conditions of efficiency", which does not appear to be able to be construed so as to cover equal remuneration for work of equal value, as provided for in the Convention. The Committee notes that Decree No. 1398 of 3 July 1990 protects women against all discriminatory practices and, in particular, provides (section 9(e)) that equality in employment includes, amongst other things, equality of remuneration, benefits and any assessment of performance of work. The Government states that wages are fixed on the basis of the tasks performed regardless of whether the work is done by a man or a woman.

The Committee points out that by requiring jobs to be compared in terms of their value, the Convention goes beyond the concept of "same" or "similar" work. It asks the Government to refer to its 1986 General Survey on Equal Remuneration, particularly paragraphs 44 to 78 in which it explains the concepts of equality. It hopes that the Government will take the necessary measures to ensure that section 143 of the Labour Code is amended and lays down explicitly the principle of equal remuneration for work of equal value, in order to bring it into conformity with the Convention on this point.

3. With regard to methods of evaluating tasks in order to determine wages, particularly in large enterprises, the Committee notes that, according to the Government, the criteria taken into account are length of service, improvement of occupational skills and output. The Committee draws the Government's attention to paragraph 54 of the above-mentioned General Survey in which it points out that while such criteria (relating to performance appraisal), are not discriminatory in themselves as a basis for wage differentiation, they must be applied bona fide. The Committee asks the Government to indicate how it ensures that these methods for assessing tasks are not applied in a discriminatory manner and to provide copies of collective agreements in sectors of activity employing a large number of women workers.

4. The Committee notes the information supplied on the public service and Decree No. 11 of 7 January 1993 fixing the public service wage scales. It notes that although there are women at all levels, there are fewer women than men except in administrative jobs. The Committee notes that a Bill is being prepared on the promotion of women particularly in employment. It asks the Government to keep it informed of the progress of the above Bill in its reports on the application of Convention No. 111.

5. The Committee notes that the Government again states that the "Direccíon de Vigilancia y Control" and the labour inspection services are empowered to monitor and supervise the observance of legal provisions, and that the National Wages Council is a tripartite body. It also notes that above-mentioned Decree No. 1398 (sections 14 and 15) provides for the establishment of a coordination and supervision committee to monitor the strict application of its provisions. The Committee would be grateful if the Government would supply information on the activities of the "Direccíon de Vigilancia y Control" and the labour inspection services which concern the Convention (infringements recorded, penalties imposed and court decisions, if any) and on the activities of the new Committee insofar as they concern the application of the principle of the Convention.

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

The Committee notes the information supplied by the Government in its last report.

1. The Committee notes that, under the terms of section 128 of the Substantive Labour Code, as amended by Act No. 50 of 1990, remuneration does not include sums that are paid to the worker by the employer on an occasional basis and out of generosity, such as occasional premiums, bonuses or rewards, or the allowances in cash or in kind that are paid to workers to carry out their jobs, such as the costs of representation, means of transport or other similar expenses, and also certain social benefits or customary or occasional benefits, when the parties have explicitly provided that they do not constitute remuneration, such as food, housing or clothing, holiday bonuses above the legal minimum and holidays for service or Christmas. The Committee points out that in accordance with Article 1, paragraph (a), of the Convention, the term "remuneration" includes the wage or salary and any additional emoluments whatsoever payable directly or indirectly, whether in cash or in kind, by the employer to the worker and arising out of the worker's employment. The Committee hopes that the Government will take the necessary measures to bring section 128 of the Substantive Labour Code into conformity with this provision of the Convention and that it will supply information in its next report on the progress achieved in this respect.

2. In its previous comments, the Committee requested information on the application of section 143 of the Substantive Labour Code, which provides that "equal wages shall be paid for equal work performed in the same job, with the same working time and under equal conditions of efficiency".

The Committee notes the ruling by the Supreme Court, referred to by the Government in its report, under which it appears that section 143 of the Substantive Labour Code may not be interpreted in such a way as to cover equal remuneration for work of equal value, as provided for in the Convention. The Committee therefore hopes that the Government will be able to take the necessary measures to amend section 143 of the Substantive Labour Code so that it provides for equal remuneration for work of equal value.

3. The Committee once again requests the Government to supply detailed information in its next report on the methods used in job evaluation systems in large enterprises, and on how the principle of equal remuneration is applied in practice to men and women workers who are paid above the minimum wage level. In this respect, the Committee would be grateful if the Government would supply copies of collective agreements concluded in sectors of activity that employ a large number of women workers.

4. The Committee notes that Decree No. 1042 of 1978 (7 June) establishes the system for job titles and classification in the public services and that Decree No. 050 of 1981 sets out the remuneration rates for jobs in the public service. The Committee requests the Government to indicate the types of jobs in which women are employed in the public service and the number and proportion of women at the various levels.

5. The Committee notes that the Dirección de Vigilancia y Control and the labour inspection services are empowered to monitor and survey the observance of legal provisions. The Committee requests the Government to supply statistics on the number of contraventions reported under section 143 of the Substantive Labour Code and the sanctions imposed.

6. In its previous comments, the Committee noted that the representative organisations of employers and workers form part of the National Wages Council, permitting them to cooperate in the decision-making process with regard to wages. The Committee once again hopes that the Government will continue to provide information on the progress achieved in giving effect to the provisions of the Convention through cooperation with employers' and workers' organisations.

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

1. The Committee notes the Government's report and the annexes thereto, and observes that section 143 of the Labour Code to which the Government refers provides that equal wages shall be paid for equal work performed in the same job, with the same working time and under equal conditions of efficiency. It also notes that the Supreme Court, in its judgement of 10 October 1980, interpreted section 143 of the Labour Code to the effect that in individual cases there is a strict requirement to show fully the equality of conditions of efficiency between workers who receive different wages, though working in the same enterprise and performing the same job with the same working time. The Committee wishes to point out that under the Convention the principle of equal remuneration applies not only to equal or similar work but also to work of a different nature but of an equal value, and refers in this respect to paragraphs 20 to 23 and 52 to 70 of its 1986 General Survey on Equal Remuneration. The Committee requests the Government to include in its next report information on how the principle of equal remuneration in the meaning of the Convention is applied to men and women workers who perform in practice jobs of a different nature but of equal value.

2. The Committee notes that remuneration is generally agreed upon in collective agreements, and that a minimum wage applicable to all workers is fixed by the Government through the National Council on Salaries. It also notes from the Government's report that the great majority of large enterprises have established job evaluation systems. The Committee requests the Government to include in its next report detailed information on the methods used for the establishment of these job evaluation systems, as well as information on how the principle of equal remuneration is applied in practice to men and women workers who are paid above the minimum wage level. In that respect, the Committee asks the Government to communicate copies of collective agreements concluded in sectors of activity that employ a large number of women workers.

3. With regard to the public sector, the Committee requests the Government to include in its next report detailed information on the application of the principle of equal remuneration for work of equal value to men and women workers in that sector, including descriptions of job evaluation systems used.

4. The Committee notes that the Labour Department is responsible for supervising and ensuring the application of the provisions of the Convention; it has noted the statistics attached to the Government's 1987 report. The Committee asks the Government to continue to provide it with information on the measures taken by the Labour Department to promote the application of the principle of equal remuneration for work of equal value.

5. The Committee notes that the most representative employers' and workers' organisations form part of the National Wages Council, permitting them to co-operate in the decision-making process with regard to salaries. The Committee asks the Government to continue to provide information on the progress achieved in giving effect to the provisions of the Convention through co-operation with employers' and workers' organisations.