Observation (CEACR) - adopted 2024, published 113rd ILC session (2025)

Equal Remuneration Convention, 1951 (No. 100) - Uruguay (Ratification: 1989)

Articles 1 and 4 of the Convention. Gender wage gap. The Committee notes that, in response to its previous comments on the impact of the burden of unpaid work on the persistent wage gap, the Government has provided in its report general information on several campaigns led by the National Institute for Women between 2021 and 2023, aimed at promoting the recognition and redistribution of unpaid work, promoting women’s economic autonomy and bringing visibility to gender inequalities in terms of both access to paid employment and education. The Committee notes that, in its concluding observations, the United Nations Committee on the Elimination of Discrimination against Women notes with concern the significantly lower labour force participation rate of women; the persistent wage gap, in particular in scientific and technical professions and in the finance and insurance sectors; and women’s underrepresentation in managerial positions in private companies despite high levels of education (CEDAW/C/URY/CO/10, 14 November 2023, paragraph 33). The Committee notes that, according to ILO (ILOSTAT) estimates, in 2023: (1) the activity rate was 71.2 per cent for men and 57.3 per cent for women; and (2) the gender wage gap was 4.8 per cent overall, increasing to 27.8 per cent in managerial positions, and 19.6 per cent in professional positions. The Committee welcomes the information provided and asks the Government to: (i) continue its collaboration with the most representative employers’ and workers’ organizations to address more effectively the structural barriers limiting women’s access to high-level positions in undertakings and institutions; and (ii) to provide more detailed information on the measures taken to address the underlying causes of the gender pay gap (such as the unequal distribution of unpaid care work), and the results achieved. The Committee requests the Government to provide, to the extent possible, disaggregated statistics on the gender pay gap by sector of activity.

Articles 1 and 2. Equal remuneration for men and women for work of equal value. Definition of remuneration. Legislation. Further to its previous comments, the Government refers to the definition of “wages” in section 22 of Act No. 16.074 on occupational accidents; however, the Committee notes that this definition of wages, which is limited to regular and permanent income in an employment relationship, may be more restrictive than the definition of “remuneration” in the Convention, which covers any emoluments whatsoever payable directly or indirectly, whether in cash or in kind, and are not limited to permanent or regular income. In this regard, the Committee underscores the importance of having a clear legislative framework to ensure the application of the Convention in practice and to ensure that men and women have a clear legal basis for asserting their right to equal remuneration. The Committee once again requests the Government to include definitions of the terms “remuneration” and “work of equal value” in the legislation to give full legislative expression to the principle of the Convention, and to provide information on any progress made in this regard.

Articles 2(2)(b) and 3 of the Convention. Wage Board and objective appraisal of jobs. The Committee notes the concluding observations of the United Nations Committee on the Elimination of Discrimination against Women, which recommend that the State party regularly review wages and benefits in sectors where women are overrepresented and adopt measures to close the gender pay gap, including through gender-inclusive job classification and evaluation methods (CEDAW/C/URY/CO/10, paragraph 34). The Committee recalls that one of the key aspects of the application of the Convention is to determine whether jobs are of “equal value”, which requires some method of measuring and comparing the relative value of different jobs, normally through objective job evaluation. While the Convention does not prescribe any specific method for such an examination, Article3 presupposes the use of appropriate techniques for objective job evaluation to determine value, comparing factors such as skill, effort, responsibilities and working conditions (see the 2012 General Survey on the fundamental Conventions, paragraphs 657, 675, 695 and 700–703). The Committee requests the Government to ensure the existence of a mechanism for the objective appraisal of gender-inclusive jobs in the public sector and to promote such appraisal in the private sector, in accordance with Article 3 of the Convention. The Committee requests the Government to provide information in this regard.