Equal Remuneration Convention, 1951 (No. 100) - Paraguay (Ratification: 1964)

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

Articles 1 and 2 of the Convention. Occupational segregation and the gender wage gap. The Committee notes the Government’s indication in its report that although the legislation does provide for equal remuneration for men and women, in practice there is a clear difference between the incomes of men and women, in favour of men. The Government refers to the adoption and implementation of various policies and strategies with a view to reducing the wage gap, including: (1) the Equal Employment Strategy, the main themes of which address women’s access to productivity courses and non-traditional occupations, as well as the development of entrepreneurial skills; (2) the Fourth National Equality Plan (2018–2024), the overarching objective of which is to progress towards real, effective equality, including through the promotion of women’s entrepreneurship; (3) the Second Plan for Equality, Inclusion and Non-Discrimination in the Public Service 2020–2024, objective 2.3 of which specifically aims at the adoption of an equitable wage policy in the public service; and (4) the Paraguay National Development Plan 2030 (PND), which recognizes the sexual division of labour and sets out, in its strategy 1.1, measures for equitable social development with a gender perspective (1.1.3). The Committee also notes the statistical information provided by the Government, which shows the average incomes of men and women workers in various occupational categories and branches of economic activity and highlights wage inequalities between men and women in the different sectors. While it welcomes these initiatives, the Committee requests the Government to:

• (i)report on the impact of the measures taken to reduce educational and occupational segregation between men and women; and
• (ii)provide statistical information in this regard.

Article 3. Objective evaluation of jobs. The Committee observes that the Ministry for Women (MINMujer) indicates that the absence of a specific regulation on wage equality makes it difficult to carry out an objective evaluation of wage equality in the sectors and notes, in its turn, that the Equal Pay for Men and Women in the Public and Private Sector Bill was introduced in November 2019 and subject to a virtual public reading in September 2020. The Committee also notes the promulgation of Act No. 6338/19, pursuant to which men and women domestic workers benefit from the statutory minimum wage regime. The Committee requests the Government to indicate the manner in which it is intended to proceed with the objective evaluation of jobs with a view to giving full effect to the principle of the Convention.

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Articles 1 and 2 of the Convention. Occupational segregation and the gender wage gap. In its previous comments, the Committee requested the Government to provide specific information on the measures adopted with a view to reducing the existing wage gap, and on the measures intended to increase the participation of women in all economic sectors, and particularly in those in which they are under-represented. The Committee notes the Government’s indication in its report that there is a clear difference between the earnings of men and women, in favour of the former. However, it adds that the wage gap between men and women has been decreasing in recent years. The Committee notes that the Government refers to the Permanent Household Survey (2002–16) and observes the findings of the Survey that: (i) the average wage gap between men and women is 25 per cent; (ii) the wage gap is 24.5 per cent between own-account workers, which is the form of work in which most women are engaged (35.4 per cent), and 33.4 per cent for domestic workers, 93 per cent of whom are women; and (iii) the wage gap is 14 per cent between public employees, and 8 per cent between private sector employees. The Government adds that the General Directorate for the Promotion of Working Women, which is under the responsibility of the Deputy Minister of Labour, promotes “wage equality” and encourages women to seek work in non-traditional sectors. The Government also refers to the: (i) National Plan for Equality of Opportunity for Men and Women (2008–17), which envisages the “adoption and/or enforcement of laws to guarantee the rights of women and men to equal remuneration for the same work or for work of equal value”; and (ii) the First Equality and Non-discrimination Plan for the Public Service (2011–14), the objectives of which included the promotion of an equitable wage policy in the public service. However, the Committee notes that the Government has not provided information on the measures adopted within the framework of these plans with a view to promoting the application of the principle of the Convention.

The Committee also notes that the Paraguay 2030 National Development Plan proposes to “ensure equity in income from labour for men and women”. The Committee further notes that Act No. 5777 of 27 December 2016, on the comprehensive protection of women against any form of violence provides, among other measures, that the Ministry of Labour, Employment and Social Security shall implement programmes for the reduction of the wage gap between men and women (section 17). The Committee also notes that the United Nations Committee on the Elimination of Discrimination against Women (CEDAW), in its concluding observations, expressed concern at the inequitable distribution of domestic and care work between women and men, which forces many women to take low-income jobs in the informal economy (CEDAW/C/PRY/CO/7, 22 November 2017, para. 34). In this regard, the Committee refers to its comments on the Workers with Family Responsibilities Convention, 1981 (No. 156). The Committee takes due note of the Government’s initiatives and requests it to: (a) provide specific information on the measures taken within the context of the Paraguay 2030 National Development Plan and those adopted under section 17 of Act No. 5777 to reduce the existing wage gap between men and women, including information on any measures intended to address educational and occupational segregation between men and women, and the results achieved; (b) provide information on any evaluation undertaken of the implementation of the National Plan for Equality of Opportunity for Men and Women (2008–17) in relation to the promotion of the principle of equal remuneration for men and women for work of equal value, and the follow-up action taken; and (c) continue providing statistical information on the remuneration levels of men and women workers, disaggregated by economic sector and occupation.

Article 3. Objective evaluation of jobs. The Committee recalls that in its previous comments it requested the Government to indicate the manner in which it is intended to undertake the objective evaluation of jobs with a view to giving full effect to the principle of the Convention. The Committee notes that the Government refers to Act No. 5764 of 28 November 2016, which “amends section 255 of Act No. 2013/93, issuing the Labour Code, and derogates from section 256 of the Act”, and to Decree No. 7351, of 27 June 2017, adjusting the wages and minimum daily earnings of workers in the private sector. The Committee notes the Government’s indication that the adjustment is based on three variables, which include inflation, the cost of living and the needs of the worker. The Government adds that, with the adoption of Act No. 5407, of 12 October 2015, on domestic work, the minimum wage of men and women domestic workers was raised by the executive authorities to 60 per cent of the statutory minimum wage for various unspecified activities (section 10). In that regard, the Committee notes that CEDAW, in its concluding observations, expressed concern that the legal minimum wage for domestic workers is 40 per cent lower than the minimum wage for other workers, which disproportionately affects women, who account for the majority of domestic workers (see CEDAW/C/PRY/CO/7, paragraph 34).

The Committee recalls that the fixing of minimum wages is an important means of giving effect to the Convention. It is therefore important for governments, in cooperation with employers’ and workers’ organizations, to examine the functioning of the mechanisms for the setting of minimum wages in the light of the need to promote and ensure the principle of equal remuneration for men and women for work of equal value (2012 General Survey on the fundamental Conventions, paragraph 685). The Committee also wishes to emphasize that the concept of “work of equal value” requires some method of measuring and comparing the relative value of different jobs. There needs to be an examination of the respective tasks involved, undertaken on the basis of entirely objective and non-discriminatory criteria, irrespective of the sex of the worker, comparing factors such as skills, effort, responsibilities and working conditions, and ensuring that skills considered to be “female”, such as manual dexterity and those required in the caring professions, are not undervalued in comparison with traditionally “male” skills, such as heavy lifting. The Committee also recalls that historical attitudes towards the role of women in society, along with stereotypical assumptions regarding women’s aspirations, preferences and capabilities and “suitability” for certain jobs have contributed to occupational sex segregation within the labour market, with women concentrated in certain jobs and certain sectors of activity. These views and attitudes also tend to result in the undervaluation of “female jobs” in comparison with those of men when determining wage rates (see 2012 General Survey, paragraphs 695 et seq.). With a view to giving full effect to the principle of equal remuneration for men and women for work of equal value, the Committee requests the Government to take specific measures with a view to establishing a mechanism for the objective evaluation of jobs from a gender perspective so as to compare different jobs in the public sector, and to promoting such evaluation in the private sector, and to provide information on any developments. The Committee also requests the Government to indicate the manner in which the application of the Convention is promoted and ensured when fixing minimum wage rates. The Committee once again reminds the Government that it can have recourse to the assistance of the Office in this regard, if it so wishes.

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

Occupational segregation and gender wage gap. The Committee notes that, according to the Government’s report, 3,293 men and 1,490 women were recruited in the private sector between January and April 2013. The Government adds that the economic activity rate of women in 2013 was 54.6 per cent in urban areas and 47.2 per cent in rural areas, while the participation rate of men was 70.6 per cent and 78.3 per cent, respectively. The Government also indicates that 20 per cent of women workers are domestic employees. According to the 2013 Permanent Household Survey, the average monthly income of women was equivalent to 74.84 per cent of that of men, while the percentage in 2012 was 72.8 per cent. Although there is a decrease in the existing wage gap, the Committee observes that the Government has not provided specific information on the measures adopted with a view to pursuing its further reduction. The Committee recalls that pay differentials remain one of the most persistent forms of inequality between women and men. These differentials are due, among other reasons, to the persistent occupational segregation of men and women into specific sectors and occupations. The persistence of this disparity requires that governments, along with employers’ and workers’ organizations, take proactive measures to raise awareness, evaluate, and promote and enforce the application of the principle of equal remuneration for men and women for work of equal value and to improve the access of women to a broader range of employment opportunities at all levels and in all sectors (see General Survey on the fundamental Conventions, 2012, paragraphs 668, 669 and 713). The Committee requests the Government to provide specific information on the measures adopted with a view to reducing the existing wage gap, and on the measures intended to increase the participation of women in all economic sectors, and particularly in those in which they are under-represented. The information should also cover the measures adopted in this regard within the context of the National Plan for Equality of Opportunity between Women and Men 2008–17. The Committee also requests the Government to provide specific information on the particular situation of rural women workers and those in the informal economy.

Article 3 of the Convention. Objective appraisal of jobs. The Committee recalls that the concept of “equal value” requires a method for the measurement and comparison of the relative value of different jobs. The Committee requests the Government to indicate the manner in which it is intended to undertake the objective appraisal of jobs with a view to giving full effect to the principle of the Convention, and reminds the Government that the technical assistance of the Office is available in this regard.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Article 2 of the Convention. The Committee notes that the Government repeats the information provided previously concerning the existence of a clear difference in practice between the remuneration of men and women in almost all branches, occupational categories and educational levels, despite the establishment in law of the principle of equal wages for work of equal value, and that the wage gap remains the same. In practice, women earn 73.1 per cent of the average monthly earnings of men in all types of employment, despite the fact that the gap is smaller in the public sector. The Committee notes that as a result of the action taken by the Tripartite Committee on Equal Opportunities (CTIO), the Workers with Family Responsibilities Convention, 1981 (No. 156), was ratified in 2007. The Committee, however, observes that despite acknowledging the existing situation of inequality, the Government has not provided information on the measures adopted to remedy the situation. The Committee once again requests the Government to provide information on the measures adopted to promote equal remuneration for men and women for work of equal value, and particularly those adopted or envisaged to reduce the wage gap, as well as those adopted in the framework of the Third National Plan for Equal Opportunities for Women and Men 2008–17 and by the CTIO.

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

Article 2 of the Convention. The Committee notes the Government’s statement in its report to the effect that, despite the legislative provisions establishing the principle of equal remuneration for work of equal value, in practice a clear gap continues to exist between the income of men and women in almost all branches, occupational categories, and groups and levels of education. According to the Directorate-General of Statistics, Surveys and Censuses, even though the wage gap has decreased, women earn 73.1 per cent of the average monthly pay of men generally, the figure being lower in the public sector. The Government also indicates that the lack of more rigorous inspection and of a greater focus on gender issues is obstructing the application of the law. The Committee notes that the objectives of the “Third National Plan for equal opportunities for women and men 2008–17” include emphasis on promulgating and ensuring compliance with laws which guarantee women’s and men’s rights to equal pay for the same work or work of equal value. The Committee asks the Government to continue to supply information on the activities undertaken to promote the principle of equal remuneration for men and women for work of equal value, particularly the measures adopted or envisaged to reduce the pay gap, including results collected in the context of the evaluation of the national reference plan. The Committee also asks the Government to supply information on the action undertaken within the Tripartite Committee on Equal Opportunities (CTIO) aimed at reducing the gender pay gap.

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

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:

1. Article 2 of the Convention. In its previous comments the Committee noted that, according to the Government, the statistics provided by the Directorate-General of Statistics, Surveys and Censuses, indicated that women are paid less than men and that access to secondary and higher education affords no guarantee that women will be paid on a par with men who have the same level of education. It also noted that the indicators established to evaluate fulfilment of the objectives of the Second Plan for Equality of Opportunity between Men and Women 2003–07 were to include wage differentials, allowing trends in the wage gap between men and women workers to be monitored. The Committee notes with regret that the Government has not sent information on this matter. It notes that the Tripartite Committee on Equal Opportunities (CTIO) implemented a number of measures to help to reduce the wage gap between men and women. They include promoting machinery for the reporting of discrimination, awareness raising to promote understanding of inequalities and facilitate initiatives to remedy them, and providing information on how women’s work comes to be underrated. The Committee asks the Government to continue to provide information on activities to promote the principle of equal remuneration for work of equal value, and particularly on the measures taken or envisaged to reduce the wage gap, and on the results arising from the evaluation of the abovementioned national plan. The Committee reminds the Government that in 2000 it noted a wage gap in Paraguay of 30 per cent on average, reaching 50 per cent in some instances, and urged the Government to step up efforts, together with the social partners, to identify wage differentials and their possible causes, to pursue implementation of measures adopted, or envisage measures, to reduce the wage gap and to keep the Committee informed in this respect.

2. Labour Directorate. The Committee once again asks the Government to provide information in its next report on the activities of the Labour Directorate, including contraventions noted and penalties imposed, to enable the Committee to assess more accurately how the Convention is applied in practice.

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

1. Article 2 of the Convention. In its previous comments the Committee noted that, according to the Government, the statistics provided by the Directorate-General of Statistics, Surveys and Censuses, indicated that women are paid less than men and that access to secondary and higher education affords no guarantee that women will be paid on a par with men who have the same level of education. It also noted that the indicators established to evaluate fulfilment of the objectives of the Second Plan for Equality of Opportunity between Men and Women 2003–07 were to include wage differentials, allowing trends in the wage gap between men and women workers to be monitored. The Committee notes with regret that the Government has not sent information on this matter. It notes that the Tripartite Committee on Equal Opportunities (CTIO) implemented a number of measures to help to reduce the wage gap between men and women. They include promoting machinery for the reporting of discrimination, awareness raising to promote understanding of inequalities and facilitate initiatives to remedy them, and providing information on how women’s work comes to be underrated. The Committee asks the Government to continue to provide information on activities to promote the principle of equal remuneration for work of equal value, and particularly on the measures taken or envisaged to reduce the wage gap, and on the results arising from the evaluation of the abovementioned national plan. The Committee reminds the Government that in 2000 it noted a wage gap in Paraguay of 30 per cent on average, reaching 50 per cent in some instances, and urged the Government to step up efforts, together with the social partners, to identify wage differentials and their possible causes, to pursue implementation of measures adopted, or envisage measures, to reduce the wage gap and to keep the Committee informed in this respect.

2. Labour Directorate. The Committee once again asks the Government to provide information in its next report on the activities of the Labour Directorate, including contraventions noted and penalties imposed, to enable the Committee to assess more accurately how the Convention is applied in practice.

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

1. Article 2 of the Convention. The Committee notes that according to the Government, the statistics provided by the General Directorate of Statistics, Surveys and Census indicate that women receive lower wages than men per hour worked, by occupational category and by branch of activity; and that access to secondary and higher education does not guarantee a woman equal access to work in comparison with men who have received the same level of education. The Committee also notes the “Second Plan for Equality of Opportunity between Men and Women 2003–2007”, which was examined in the comments on the Discrimination (Employment and Occupation) Convention, 1958 (No. 111). Wage differences are included in the indicators established to evaluate the fulfilment of the Plan’s objectives, and this will allow for the monitoring of fluctuations in the existing wage gap between male and female workers. The Committee asks the Government to provide the results relating to the principle set forth in the Convention which have been achieved within the framework of the evaluation of the abovementioned national plan. The Committee urges the Government to renew its efforts to reduce the wage gap between men and women and to take measures to eliminate occupational and sectoral segregation of women in the labour market. In this regard, it reiterates the importance of using objective job evaluation methodologies in order to improve women’s status in both the public sector and the private sector, and asks the Government to provide information in this respect.

2. Labour Directorate. The Committee once again asks the Government to provide information, in its next report, on the activities of the Labour Directorate, including any infringements reported and penalties imposed, so as to enable the Committee to assess more accurately the application of the Convention in practice.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes with regret 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 reads as follows:

1. The Committee notes the information supplied by the Government in its report to the effect that, in practice, there is a clear difference between men’s pay and women’s pay in virtually all branches, categories of occupation, occupational groups and at all levels of education and that the differential favours men. Furthermore, the higher levels of education are not such as to ensure that women receive equitable pay by comparison with men who have the same level of education. In view of such serious inequalities, the Committee again points out to the Government the importance of using job appraisal methodologies which are objective, in order to improve women’s status in both the public sector and the private sector. The Committee urges the Government to adopt and implement measures, in cooperation with the social partners, to reduce the large wage gap between men and women, and to address the occupational and sectoral segregation of women in the labour market.

2. The Committee notes the activities carried out in 2002 by the National Tripartite Commission to Review and Promote the Participation of Women in Work (CTIO). The Committee trusts that the Government will provide information in its next report on all other activities carried out by the CTIO to contribute to reducing the wage gap and to raise the low percentage of women in management jobs. It would also be grateful if the Government would provide a copy of the Action Plan for the 2002-03 biennium, a sample of the information that the CTIO disseminates on the labour market and information as to women’s participation.

3. The Committee hopes that the Government will be in a position to provide information in its next report on the activities of the Labour Directorate, including any infringements reported and penalties imposed, to enable the Committee to assess more accurately the level of enforcement of the Convention.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes with regret 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:

1. The Committee notes the information supplied by the Government in its report to the effect that, in practice, there is a clear difference between men’s pay and women’s pay in virtually all branches, categories of occupation, occupational groups and at all levels of education and that the differential favours men. Furthermore, the higher levels of education are not such as to ensure that women receive equitable pay by comparison with men who have the same level of education. In view of such serious inequalities, the Committee again points out to the Government the importance of using job appraisal methodologies which are objective, in order to improve women’s status in both the public sector and the private sector. The Committee urges the Government to adopt and implement measures, in cooperation with the social partners, to reduce the large wage gap between men and women, and to address the occupational and sectoral segregation of women in the labour market.

2. The Committee notes the activities carried out in 2002 by the National Tripartite Commission to Review and Promote the Participation of Women in Work (CTIO). The Committee trusts that the Government will provide information in its next report on all other activities carried out by the CTIO to contribute to reducing the wage gap and to raise the low percentage of women in management jobs. It would also be grateful if the Government would provide a copy of the Action Plan for the 2002-03 biennium, a sample of the information that the CTIO disseminates on the labour market and information as to women’s participation.

3. The Committee hopes that the Government will be in a position to provide information in its next report on the activities of the Labour Directorate, including any infringements reported and penalties imposed, to enable the Committee to assess more accurately the level of enforcement of the Convention.

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

The Committee notes the Government’s report and the attachments thereto. It asks the Government to provide information on the following points.

1. The Committee notes the information supplied by the Government in its report to the effect that, in practice, there is a clear difference between men’s pay and women’s pay in virtually all branches, categories of occupation, occupational groups and at all levels of education and that the differential favours men. Furthermore, the higher levels of education are not such as to ensure that women receive equitable pay by comparison with men who have the same level of education. In view of such serious inequalities, the Committee again points out to the Government the importance of using job appraisal methodologies which are objective, in order to improve women’s status in both the public sector and the private sector. The Committee urges the Government to adopt and implement measures, in cooperation with the social partners, to reduce the large wage gap between men and women, and to address the occupational and sectoral segregation of women in the labour market.

2. The Committee notes the activities carried out in 2002 by the National Tripartite Commission to Review and Promote the Participation of Women in Work (CTIO). The Committee trusts that the Government will provide information in its next report on all other activities carried out by the CTIO to contribute to reducing the wage gap and to raise the low percentage of women in management jobs. It would also be grateful if the Government would provide a copy of the Action Plan for the 2002-03 biennium, a sample of the information that the CTIO disseminates on the labour market and information as to women’s participation.

3. The Committee hopes that the Government will be in a position to provide information in its next report on the activities of the Labour Directorate, including any infringements reported and penalties imposed, to enable the Committee to assess more accurately the level of enforcement of the Convention.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

1.  The Committee notes the Government’s report, its annexes and the statistical information provided on income levels disaggregated by sex and on differences in income between men and women. The Committee notes that, according to the statistics provided by the Government in its report, men earn 31 per cent more than women for each hour worked. Men who have completed primary and secondary education earn 50 per cent more for each hour worked than women at the same educational level. With regard to manual workers in the public sector, men earn 30 per cent more than women; male manual workers in the private sector earn 12.6 per cent more than women. Taking this information into account, the Committee notes that problems exist in practice in the application of the principle contained in the Convention. It asks the Government to provide information on the possible causes of the wage gap between men and women and on the measures taken or envisaged to reduce the wage gap.

2.  As concerns the methodology used in practice for the determination of wages, the Committee has already pointed out that gender bias and stereotyping can easily enter the process for wage determination, resulting in an under-evaluation of those jobs held mainly by women. It therefore requests information on the efforts made to reduce gender bias in the process for determining wages. These efforts may consist, for example, of the use of methods designed for the objective evaluation of jobs. Please also indicate the methods for cooperation with the employers’ and workers’ organizations concerned for the purpose of giving effect in practice to the provisions of the Convention.

3.  The Committee notes with interest that, under the terms of Decree No. 21403 of 11 February 1998, a permanent National Tripartite Commission has been established to examine and promote women’s participation in the labour market in a context of equity and equality with men. The Committee would be grateful if the Government would provide detailed information on the activities of this Commission and the action which has been taken or is envisaged for the achievement of its objectives. Please indicate, for example, the measures which the National Tripartite Commission anticipates taking with a view to reducing existing wage differentials and to increasing the low percentage of women in managerial positions.

4.  With regard to its previous comments concerning measures taken to implement the provisions governing equal pay, the Committee notes that the Government has not provided the information requested on the activities of the Labour Inspectorate (violations reported, penalties imposed) and on relevant rulings by the labour courts. It notes the Government’s statement that it is concentrating its efforts on improving its data collection system through technical assistance and the Committee hopes that the Government will be in a position to provide the information requested in its next report so that it can assess the manner in which the Convention is applied in practice.

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

The Committee notes that the Government's report has not been received. Further to its previous comments, the Committee notes the promulgation of Act No. 496 of 25 August 1995, amending certain sections of Paraguay's Labour Code, Act No. 213/93, particularly section 229, which was amended to add physical incapacity as a prohibited ground of discrimination in remuneration. The Committee hopes that a report will be supplied for examination at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. The Committee has noted the new Labour Code (Act No. 213, adopted in June 1993) which provides in section 229 that equality of remuneration rates must be without distinction on the basis of sex for "work of equal value", whether or not it is of the same nature. The Committee has noted that for the purposes of this provision, remuneration does not include the component of the wage which is related to seniority and merit although, under Article 1 of the Convention, "remuneration" includes the ordinary, basic wage and any additional emoluments whatsoever paid by the employer to the worker and arising out of the worker's employment. The Committee notes that the Government has supplied copies of recent decrees establishing the National Minimum Salaries Board (CONASAM) which lays down the increases in salaries and minimum legal wages in the private sector. Nevertheless, it observes that these texts do not explain how the components of the wage related to seniority and merit are taken into account. The Committee requests the Government once again to indicate the manner in which the principle of equality of remuneration for men and women workers is also applied to the components of remuneration which relate to seniority and merit.

2. With regard to Article 3 of the Convention and to the objective appraisal of jobs in order to ensure equality of remuneration for work of equal value in cases in which the nature of the jobs differs, the Committee has noted that the Government recognizes the need for such an evaluation and invited it to avail itself of ILO technical assistance, especially in order to define the objective of appraisal of jobs which are directly under the control of the State. In this matter, the Government has indicated that the suggestion has been noted and the Committee would be grateful to receive information on any action undertaken in regard to this possibility.

3. With regard to the measures which have been taken for the application of the provisions which govern equal wages and, in particular, on the activities of the Labour Directorate (violations detected and penalties imposed), as well as any rulings by the labour tribunals, the Committee notes the information supplied by the Government to the effect that the Labour Directorate has deployed labour inspectors for the purpose of ensuring the principle of equal remuneration. The Committee also notes that there are no statistics on violations detected or on penalties imposed nor on cases brought before the courts. In this matter, the Committee recalls that its General Survey of 1986 on equal remuneration, paragraph 248, indicated that a previous difficulty in applying the Convention had arisen from a lack of knowledge of the true situation because inequalities in remuneration, in most countries, were nearly always poorly researched and identified statistically, and it therefore urges the Government to improve its data collection system and, if it considers relevant, to resort to technical assistance from the Office in this area in order to be able to assess effectively the practical application of the Convention.

4. Finally, the Committee recalls that it wishes to have more detailed information to enable it to assess the manner in which the principle of equal remuneration set out in the legislation and regulations is applied in practice. It would therefore be grateful if the Government would supply in its report:

(i) the wage scales applicable in the public service, indicating the distribution of men and women at the various levels; and

(ii) statistics on wage rates and average earnings for men and women, if possible by occupation, branch of activity, seniority and level of qualifications, as well as information on the corresponding percentage of women.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

1. The Committee has noted the new Labour Code (Act No. 213, adopted in June 1993) which provides in section 229 that equality of remuneration rates must be without distinction on the basis of sex for "work of equal value", whether or not it is of the same nature. The Committee has noted that for the purposes of this provision, remuneration does not include the component of the wage which is related to seniority and merit although, under Article 1 of the Convention, "remuneration" includes the ordinary, basic wage and any additional emoluments whatsoever paid by the employer to the worker and arising out of the worker's employment. The Committee notes that the Government has supplied copies of recent decrees establishing the National Minimum Salaries Board (CONASAM) which lays down the increases in salaries and minimum legal wages in the private sector. Nevertheless, it observes that these texts do not explain how the components of the wage related to seniority and merit are taken into account. The Committee requests the Government once again to indicate the manner in which the principle of equality of remuneration for men and women workers is also applied to the components of remuneration which relate to seniority and merit.

2. With regard to Article 3 of the Convention and to the objective appraisal of jobs in order to ensure equality of remuneration for work of equal value in cases in which the nature of the jobs differs, the Committee has noted that the Government recognizes the need for such an evaluation and invited it to avail itself of ILO technical assistance, especially in order to define the objective of appraisal of jobs which are directly under the control of the State. In this matter, the Government has indicated that the suggestion has been noted and the Committee would be grateful to receive information on any action undertaken in regard to this possibility.

3. With regard to the measures which have been taken for the application of the provisions which govern equal wages and, in particular, on the activities of the Labour Directorate (violations detected and penalties imposed), as well as any rulings by the labour tribunals, the Committee notes the information supplied by the Government to the effect that the Labour Directorate has deployed labour inspectors for the purpose of ensuring the principle of equal remuneration. The Committee also notes that there are no statistics on violations detected or on penalties imposed nor on cases brought before the courts. In this matter, the Committee recalls that its General Survey of 1986 on equal remuneration, paragraph 248, indicated that a previous difficulty in applying the Convention had arisen from a lack of knowledge of the true situation because inequalities in remuneration, in most countries, were nearly always poorly researched and identified statistically, and it therefore urges the Government to improve its data collection system and, if it considers relevant, to resort to technical assistance from the Office in this area in order to be able to assess effectively the practical application of the Convention.

4. Finally, the Committee recalls that it wishes to have more detailed information to enable it to assess the manner in which the principle of equal remuneration set out in the legislation and regulations is applied in practice. It would therefore be grateful if the Government would supply in its report:

(i) the wage scales applicable in the public service, indicating the distribution of men and women at the various levels; and

(ii) statistics on wage rates and average earnings for men and women, if possible by occupation, branch of activity, seniority and level of qualifications, as well as information on the corresponding percentage of women.

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

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:

1. With regard to the objective appraisal of jobs in order to ensure equality of remuneration for work of equal value in cases in which the nature of the jobs differs, the Committee notes that the Government recognizes the need for such an evaluation and envisages availing itself of the technical assistance of the Inter-American Centre for Labour Administration (CIAT), particularly with regard to determining methods for the objective appraisal of jobs which are directly under the control of the State. The Committee hopes that the Government will be in a position to avail itself of this assistance and that it will inform it in the near future of the progress achieved in this field.

2. Furthermore, the Committee recalls that it has not been provided with sufficient information to enable it to assess the manner in which the principle of equal remuneration as set out in the legislation and regulations is applied in practice. It would therefore be grateful if the Government would supply in its next report:

(i) the wage scales applicable in the public service, indicating the distribution of men and women at the various levels;

(ii) the text of collective or other agreements which establish wage levels other than minimum wages in the various sectors of the economy and, if possible, the percentage of women covered by these collective agreements and the distribution of men and women at the various levels;

(iii) statistics on wage rates and average earnings for men and women, if possible by occupation, branch of activity, seniority and level of qualifications, as well as information on the corresponding percentage of women.

3. Furthermore, the Committee requests the Government to supply information on the measures which have been taken to supervise the application of the provisions which govern equal wages and, in particular, on the activities of the Labour Directorate (violations detected and penalties imposed), as well as any rulings by the labour tribunals.

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

The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

The Committee notes Act No. 213 of June 1993, which issues the new Labour Code. The Committee notes with satisfaction that this text amends section 230 of the former Code, which had been the subject of its comments, and that it provides in section 229 that equality of remuneration rates must be without distinction on the basis of sex for "work of equal value", whether or not the work is of the same nature. The Committee notes that for the purposes of this provision, remuneration does not include the components of the wage which is related to seniority and merit. The Committee requests the Government to indicate the manner in which the principle of equality of remuneration for men and women workers is also applied to the components of remuneration which relate to seniority and merit.

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

The Committee notes the Government's report. It notes that tripartite consultations were held within the framework of the technical assistance provided by the ILO to the Government for the revision of the Labour Code, which was adopted in June 1993.

1. With regard to the objective appraisal of jobs in order to ensure equality of remuneration for work of equal value in cases in which the nature of the jobs differs, the Committee notes that the Government recognizes the need for such an evaluation and envisages availing itself of the technical assistance of the Inter-American Centre for Labour Administration (CIAT), particularly with regard to determining methods for the objective appraisal of jobs which are directly under the control of the State. The Committee hopes that the Government will be in a position to avail itself of this assistance and that it will inform it in the near future of the progress achieved in this field.

2. Furthermore, the Committee recalls that it has not been provided with sufficient information to enable it to assess the manner in which the principle of equal remuneration as set out in the legislation and regulations is applied in practice. It would therefore be grateful if the Government would supply in its next report:

(i) the wage scales applicable in the public service, indicating the distribution of men and women at the various levels;

(ii) the text of collective or other agreements which establish wage levels other than minimum wages in the various sectors of the economy and, if possible, the percentage of women covered by these collective agreements and the distribution of men and women at the various levels;

(iii) statistics on wage rates and average earnings for men and women, if possible by occupation, branch of activity, seniority and level of qualifications, as well as information on the corresponding percentage of women.

3. Furthermore, the Committee requests the Government to supply information on the measures which have been taken to supervise the application of the provisions which govern equal wages and, in particular, on the activities of the Labour Directorate (violations detected and penalties imposed), as well as any rulings by the labour tribunals.

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

The Committee notes Act No. 213 of June 1993, which issues the new Labour Code. The Committee notes with satisfaction that this text amends section 230 of the former Code, which had been the subject of its comments, and that it provides in section 229 that equality of remuneration rates must be without distinction on the basis of sex for "work of equal value", whether or not the work is of the same nature. The Committee notes that for the purposes of this provision, remuneration does not include the components of the wage which is related to seniority and merit. The Committee requests the Government to indicate the manner in which the principle of equality of remuneration for men and women workers is also applied to the components of remuneration which relate to seniority and merit.

The Committee is raising other points in a direct request.

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

The Committee notes the information supplied by the Government in the reports received in 1991 and 1992.

1. In its previous direct request, the Committee noted that section 230 of the Labour Code provides that "equal remuneration shall be given for work which is equal as regards efficiency, type of work or duration", while the Convention provides for equal remuneration not only for work of equal value but also for work that is of a different nature but of equal value. The Committee notes the Government's statement to the effect that in practice this provision of the Convention is applied. The Committee therefore hopes that the Government will find no difficulties in amending section 230 of the Labour Code so that it explicitly provides that equal remuneration shall be paid for work of equal value and that in its next report it will indicate the measures that have been taken or are envisaged in this respect.

2. The Committee notes the Government's statement that it is aware of the necessity of the objective evaluation of jobs in order to ensure equal remuneration for work of equal value in cases in which the work is of a different nature, but that the techniques and procedures to assess and compare the relative value of the work performed in an objective manner are still lacking, both in jobs that come under the control of the Government, and those which do not. The Committee hopes that the Government will endeavour, possibly with the assistance of the ILO, to adopt and apply objective job evaluation methods for jobs that are directly under its control and to promote the adoption and application of these methods in sectors in which remuneration is not under the immediate control of the Government. The Committee hopes that the next report will contain information on the progress achieved in this respect.

3. The Committee notes that it does not have information enabling it to assess the manner in which the principle of equal remuneration as set out in the national legislation is applied in practice. The Committee requests the Government to supply in its next report:

(i) the wage scales applicable in the public service, indicating the distribution of men and women at the various levels;

(ii) the text of collective agreements which establish wage levels in the various sectors of the economy and, if possible, the percentage of women covered by these collective agreements and the distribution of men and women at the various levels; and

(iii) statistics on wage rates and average earnings for men and women, if possible by occupation, sector, seniority and skill level, as well as information on the corresponding percentage for women.

4. The Committee again requests the Government to supply in its next report, information on the measures taken to ensure the application of the legal provisions concerning equal pay and, in particular, on the activities of the labour inspection service (the number of inspections, the irregularities detected, the sanctions imposed as well as any court decisions).

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

1. In reply to the Committee's previous comments the Government refers once again in its last report to section 230 of the Labour Code which guarantees the implementation of the principle of equal remuneration for men and women workers. The Committee observes that this section of the Labour Code provides that "... equal remuneration shall be given for work which is equal as regards efficiency, type of work or duration". The Committee recalls that under Article 2 of the Convention the principle of equal remuneration applies not only to equal work, but also to work of equal value. It refers to Article 3(1) of the Convention and draws the Government's attention to paragraphs 138 to 148 of its 1986 General Survey on Equal Remuneration regarding the use of objective appraisal of jobs to ensure that equal remuneration is given for work of equal value, even if the nature of the work is different. (Please refer in this regard to the explanations given in paragraphs 20 to 23 and 52 to 70 of the General Survey.) The Committee therefore requests the Government to provide in its next report detailed information on measures taken or envisaged:

(a)to adopt and apply some technique to measure and compare objectively the relative value of jobs performed where remuneration for such jobs is under the direct control of the Government; and

(b)to promote the adoption and application, in sectors where remuneration is not under the Government's direct control, of some technique to measure and compare objectively the relative value of jobs performed.

2. The Committee also requests the Government to supply information on the activities of the National Occupational Promotion Service in respect of the studies and analyses of jobs referred to in the Government's previous reports.

3. The Committee notes from the Government's report that the Labour Directorate of the Ministry of Justice and Labour oversees the application of the Convention, and that it co-operates with the employers' and workers' organisations in the implementation of the Convention by issuing appropriate directives. The Committee requests the Government to include in its next report detailed information on the measures taken by the Labour Directorate to ensure the effective implementation of the principle of equal remuneration for work of equal value and in particular with regard to the rates of remuneration higher than the minimum wage rates.