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

1. Article 1(a) of the Convention. Remuneration. Further to point 2 of its previous direct request, the Committee points out that the term “wages” (salario) in section 119 of the Labour Code is narrower than the term “remuneration” in the Convention since it excludes some elements contained in the Convention’s definition. The Committee reminds the Government that the concept “remuneration” includes “any additional emoluments whatsoever payable directly or indirectly, whether in cash or in kind, by the employer to the worker”. The Committee has established that the expression “any additional emoluments whatsoever” means that the Convention covers elements as numerous as they are diverse, including increments for seniority and housing or residential allowances, as well as indirect elements of remuneration which are not payable directly by the employer to the worker, such as holiday allowances, or allowances paid under social security schemes financed by the undertaking or industry concerned (see General Survey on equal remuneration, 1986, paragraphs 15–17). The Committee asks the Government to provide information on the various wage supplements in the public and private sectors and on the remuneration that men and women receive in practice, including any additional emoluments. The Committee again expresses the hope that the Government will consider the possibility of incorporating a definition of “remuneration” in its legislation that is consistent with the Convention.

2. Article 1(b). Work of equal value. Further to points 1 and 3 of its previous direct request, the Committee notes that according to article 38(1) of the National Constitution, section 123 of the Labour Code and section 19 of the Standard Work Regulations for the private sector, the principle of equal remuneration for men and women workers applies provided the work is equal and the workers are employed in the same establishment or enterprise in the same conditions. The Committee again reminds the Government that the terms of the Convention refer to equal remuneration for men and women for “work of equal value” and do not limit the scope of comparison to equal work or work performed in the same conditions, or in the same enterprise or establishment. Applying the concept of “equal value”, which goes beyond “the same” or “similar” work is important in ensuring that women receive the same remuneration as men where their work is different but of equal value, as determined by an objective evaluation of criteria such as responsibilities, qualifications, effort and working conditions. The purpose of a broad comparison is to gauge the scope of the discrimination that may arise out of the existence of occupational categories and jobs reserved for women and to eliminate unequal remuneration in sectors where the workforce is predominantly female and in jobs traditionally considered to be “feminine” which may be undervalued owing to sexual stereotyping. The Committee again expresses the hope that the Government will amend the legislation to incorporate fully the principle of “equal value” and that it will keep the Committee informed of any progress in this regard.

3. Article 2. Public sector. The Committee again asks the Government to explain in detail the method currently used to determine remuneration in the public sector under the Wages Act and to provide information on the public service pay scales, indicating the distribution of men and women at the various levels. The Committee would be grateful if the Government would forward a copy of the abovementioned Act.

4. Private sector. The Committee requests the Government to provide detailed information in its next report on the measures applied by the General Labour Directorate to monitor enterprises operating in the country in order to secure compliance with the Convention, together with copies of summaries of the reports drawn up by the inspection services, indicating the number and nature of infringements recorded, any penalties imposed and any other particulars of the practical application of the Convention. The Committee hopes that the information will also refer to sectors in which indigenous women are employed and the situation of women working in export processing zones.

5. Collective agreements. The Committee notes that the General Directorate of Labour, in coordination with the Salvadorean Institute for the Development of Women (ISDEMU) has drawn up standard internal regulations with a gender focus. The Committee would be grateful if the Government would provide information in its next report on the manner in which it promotes the incorporation in collective agreements of the principle of equal remuneration for men and women for work of equal value.

6. Article 3. Objective job evaluation. The concept of work of equal value necessarily implies some comparison between jobs, and when the value of different jobs has to be compared, there should exist appropriate machinery and procedures to ensure an evaluation free from discrimination based on sex. The Committee points out that where the value of different jobs is the main point of comparison, it is important to have a machinery and a procedure that are easy to use and to access, and to ensure that the comparison does not take sex as a criterion, either directly or indirectly, but rather other objectives such as professional qualifications, responsibilities or intellectual effort required for the jobs in question. The Committee, therefore, again asks the Government to provide information on the method used to evaluate jobs objectively on the basis of the tasks involved, and would be grateful for detailed information on the methods used in both the public and the private sectors for classifying jobs.

7. Article 4. The Committee asks the Government to keep it informed of any measures adopted and the activities carried out by the Higher Labour Council, including summaries or minutes of its meetings related to the application of the Convention.

8. Parts IV and V of the report form. The Committee asks the Government to keep it informed of new plans or programmes that the ISDEMU is implementing or intends to implement which have a bearing on the application of the principle of equal remuneration for men and women for work of equal value.

9. Court action and labour inspection. Having asked the Government to inform it of any claims brought under section 124 of the Labour Code which entitles workers to seek equalization of their wages, the Committee notes that an equalization claim was recently filed with the Labour Inspection General Directorate. It asks the Government to report on the status of these proceedings and to provide information on the Labour Inspectorate’s activities to promote and secure compliance with the principle of the Convention.