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

Equal Remuneration Convention, 1951 (No. 100) - Costa Rica (Ratification: 1960)

The Committee notes the observations of the Costa Rican Federation of Chambers and Associations of Private Enterprise (UCCAEP), communicated with the Government report.

Articles 1(b) and 2(2)(a) of the Convention. Equal remuneration for men and women for work of equal value. Legislation. The Committee notes the Government’s indication in its report that: (1) Act No. 9677 of 2019 amends Act No. 7142 on promoting social equality for women, and that section 14, as amended, establishes that “[w]omen shall have the right to equal wages to men, in both the private and public sectors, for work of equal value for the same employer, whether it concerns the same position or different positions of equal value, or functions that are equivalent or equivalent to a reasonable degree”; (2) section 167 of the Labour Code and Act No. 9677 are understood to be interrelated and complementary, and the amendment of section 167 of the Labour Code is currently before the Legislative Assembly (draft Act No. 22522) for examination. The Committee notes the observations of the UCCAEP, that the amendment proposed in draft Act No. 22522 could result in legal uncertainty by failing to establish objective parameters for determining whether the tasks and functions performed are of equal value. While welcoming the Government’s efforts, the Committee wishes to recall that the principle of the Convention is not limited to comparisons between men and women in the same establishment or enterprise but allows for a much broader comparison to be made between jobs performed by men and women in different places or enterprises or for different employers (2012 General Survey on the fundamental Conventions, paragraph 697). The Committee requests the Government to take measures to ensure that the principle of equal remuneration for work of equal value allows comparison between work performed for different employers. It further asks the Government to report on: (i) the amendment process for section 167 of the Labour Code; and (ii) how it envisages the process of objective evaluation of jobs in different sectors for the effective application of the principle of the Convention.

Articles 1–4. Gender pay gap and occupational segregation. The Committee notes the information provided by the Government, that: (1) Costa Rica has joined the Equal Pay International Coalition (EPIC), and within that framework has requested ILO technical assistance to establish a method to measure the pay gap; (2) Act No. 9677 created the Inter-institutional Commission on Wage Equality for Men and Women and provides for the incorporation of the wage equality indicator into the National Statistics and Census Institute labour market studies in order to periodically evaluate the reasons for the wage gap between men and women and establish appropriate measures; (3) the gender perspective will be included in the labour market studies used to define occupational profiles, in order to classify the latter and place them correctly within the structure of the Decree on Minimum Wages; (4) the Wages Council applied additional increments to the minimum wage for women domestic workers, compared with that paid for unskilled workers, reducing the gap between the minimum wage paid to both groups from 31.92 per cent in 2014 to 24.23 per cent in 2022; (5) the Gender Equality Label is still functioning. The Committee also notes the observations of the UCCAEP that the Gender Equality Labels are burdensome, especially for micro, small and medium-sized enterprises. The Committee requests the Government to continue providing information on the measures adopted to reduce the pay gap between men and women, and to provide statistical information making possible an evaluation of progress achieved. The Committee also requests information on the specific measures adopted or envisaged to address occupational segregation.

The Committee recalls that, in its previous observation, it had noted the Government’s indication that the National Wage Council had agreed on a tripartite basis to amend the proposed list of minimum wages to incorporate inclusive terminology and a gender focus, without confusing activities with occupations. It observes however that the list of minimum wages for 2022 still maintains gender stereotypes by using the denomination of occupations with gender connotations (for instance, the Spanish terms “cerrajero” (locksmith), “conductor” (driver), “operario en construcción” (construction worker), “limpiador de piscinas” (swimming pool cleaner), “costurera” (tailor), “empleada doméstica” (domestic worker) and “secretaria” (secretary)). The Committee therefore once again encourages the Government to amend the denomination of occupations and employment in the list of minimum wages to eliminate gender connotations and use gender-neutral terminology.

Application in practice. The Committee notes the information provided by the Government on the number of cases of wage discrimination identified by the National Directorate of Labour Inspection (DNI), disaggregated by region and sector. The Government also highlights certain measures to strengthen the capacity of the inspection service, such as: (1) the elaboration of inspection guidelines including a gender focus; (2) the inclusion of 18 gender-related violations in the Catalogue of Violations; and (3) the training of a team of women inspectors specialized in gender issues. The Committee also notes the draft Act to amend section 69(a) of the Labour Code (file No. 21170), which seeks to place an obligation on employers to report on wage gaps between men and women; and provides penalties for wage discrimination based on gender. The Committee requests the Government to provide information on: (i) the manner in which the gender-focused tools adopted address the principle of equal remuneration for men and women for work of equal value; and (ii) the cases identified and complaints received of wage discrimination, as well as any penalties imposed, and remedies granted.