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

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

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

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

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

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

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

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

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:

Wage gap. The Committee notes that, according to the statistics provided by the Government, in 2008, women earned an average monthly wage that was 5.7 balboas (PAB) lower than that of men. However, the Committee notes that in relation to occupations in which the majority of women are concentrated, the wage gap compared to men is PAB147.7 (street vendors and services workers), PAB78 (shop and market sellers) and PAB79.3 (office workers). The Committee also notes that, according to the fourth national report on the situation of women in Panama (2002–07), there is in fact a distinction between “masculine” and “feminine” occupations, which are valued and remunerated differently. According to the report entitled “Gender in national statistics”, 64 per cent of economically active women are engaged in low-income activities. Furthermore, with regard to wage bands, the Committee notes that in 2007, women accounted for 24.1 per cent of workers in the highest band, whereas they accounted for almost the majority in the lower wage bands. The Committee urges the Government to take appropriate steps to reduce the wage gap between men and women. It requests the Government to continue providing statistical information on the remuneration levels of men and women in the various sectors of activity, disaggregated by occupational category and job, to enable the Committee to assess the progress made. The Committee also refers to its comments on the application of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111).

Economic incentives to achieve parity. The Committee refers to its previous comments concerning Decree No. 53 and, in particular, section 52 of that Decree which provides for action to promote economic incentives in the private sector to achieve a labour force consisting of 50 per cent women. The Committee notes the Government’s indication that no major progress has been made in this area given that the Ministry of Labour and Labour Development (MITRADEL) does not have an administrative unit dealing with gender issues. In this regard, the Committee notes that several steps have been taken to create a gender and labour office. The Committee notes that, according to section 36 of the draft Organic Act of MITRADEL, the gender office will be responsible for giving advice on the principle of equal opportunities for men and women, carrying out research, studies and evaluations on gender in employment and raising the awareness of civil society on the issue of equal opportunities at work. The Committee asks the Government to provide information on the progress made in creating the gender office and on its role in promoting the principle of equal remuneration for work of equal value. The Committee also reiterates its request for information on the application of section 52 of Decree No. 53, as well as on the application of the provisions of this Decree relating to the engagement of women in new occupations and in those traditionally considered to be male occupations (sections 42, 45 and 48), the establishment of a mechanism for the inclusion in collective agreements of a compulsory clause on the equal distribution of women and men in the various jobs (section 50) and the formulation of an assessment of the situation of women domestic workers (section 56).

Collective agreements. The Committee once again asks the Government to provide information on the manner in which the principle of equal remuneration for work of equal value is addressed in collective bargaining and to provide copies of collective agreements which reflect the principle set out in the Convention. The Committee also reiterates its request for information on the steps taken or envisaged in accordance with the recommendations of the study carried out by MITRADEL with regard to, inter alia, the inclusion in the collective bargaining process of women workers who are traditionally excluded.

Objective job evaluation. The Committee notes Decree No. 46 of 11 December 2007 which “determines the new minimum wage rates throughout the national territory”. It also notes the Government’s indication that the minimum wage is determined irrespective of the worker’s sex. Recalling its general observation of 2006 on the Convention, the Committee stresses that, in order to give full effect to the principle of the Convention, it is essential to use objective job evaluation methods which allow different jobs to be compared on the basis of factors which are not inherently discriminatory with a view to ensuring that work carried out mainly by women (“female jobs”) is not undervalued and that women receive equal remuneration compared to men carrying out work of equal value. The Committee therefore requests the Government to provide detailed information on the criteria used to ensure that, when determining the minimum wage rates, full effect is given to the principle of equal remuneration for men and women for work of equal value.

Labour inspection. The Committee notes the Government’s indication that the National Directorate of Labour Inspection has not detected any violations of the principle of the Convention and has not received any complaints on this matter. Considering that the lack of violations and complaints is likely to be the result of a limited awareness of this issue, the Committee asks the Government to implement training programmes for labour inspectors on the principle of equal remuneration for work of equal value and to take steps to raise the awareness of workers with a view to ensuring that cases of violations of the principle of the Convention are detected or reported at the appropriate time. Please continue providing information on the results of inspections carried out.

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

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 the communication of the National Federation of Public Employees and Public Service Enterprise Workers (FENASEP), dated 23 July 2009, sent to the Government on 31 August 2009. The Committee notes that the communication refers to the violation of the principle of equal remuneration for work of equal value in the public sector and, specifically to the absence of rates of remuneration established without discrimination based on sex. The Committee notes that it has not yet received the Government’s observations in reply to the comments made by FENASEP. The Committee asks the Government to provide information on the application of the Convention in the public sector, including statistics on the wage levels of public servants disaggregated by sex, occupational category and post, and any other information that it considers appropriate in reply to the comments submitted by FENASEP.

Article 1 of the Convention. Work of equal value. The Committee refers to its previous comments in which it asked the Government to amend section 10 of the Labour Code, which is limited to guaranteeing equal remuneration for “equal work”, in order to give full legislative expression to the concept of equal remuneration for men and women for “work of equal value”, as provided for under the Convention. The Committee notes the Government’s indication that no progress has been made in this regard given that a consensus has not been reached among the social partners to amend the Labour Code. The Committee also notes that the Government reiterates the arguments put forward by the Legal Advisory Department of the Ministry of Labour and Employment Development (MITRADEL) that there is no inconsistency between section 10 of the Labour Code and the Convention. The Committee notes, in particular, that the Government indicates in its report that the Convention takes legal precedence over Panama’s national law and must therefore be applied in all labour relations and employment contracts.

However, the Committee notes the jurisprudence of the Supreme Court of Justice of Panama, referred to by FENASEP in its communication, that international conventions normally lack constitutional hierarchy and that the State therefore has an obligation to adapt its domestic legislation to the provisions of such conventions (Legal Registry of May 1991). The Committee also notes the difficulties which continue to be encountered in applying the Convention in practice, which are reflected in a significant and persistent wage gap between men and women. The Committee considers that there is a lack of understanding concerning the scope of the principle of the Convention and that incorporating this principle into the national legislation in accordance with the Convention would help to clarify the situation.

The Committee therefore draws the Government’s attention once again to its general observation of 2006. The Committee emphasizes that the concept of equal remuneration for “work of equal value”, although encompassing equal remuneration for “equal”, “the same” or “similar” work, is broader than that because it requires that equal remuneration also be given to workers carrying out work that is of an entirely different nature, but which is nevertheless of equal value. This comparison between different jobs is essential due to the gender segregation which exists in the labour market, which results in certain jobs being performed mainly or exclusively by men or women. The Committee also reminds the Government that provisions that are expressed more narrowly than the principle of equal remuneration for work of equal value hinder progress in eradicating gender-based pay discrimination. The Committee therefore asks the Government to:

(i)    promote dialogue with the social partners on the need to expressly prohibit pay discrimination in situations in which men and women perform different jobs which are nonetheless of equal value with a view to amending section 10 of the Labour Code;

(ii)   expressly establish in its legislation the principle of equal remuneration for work of equal value;

(iii)  provide information on any progress made in these respects; and

(iv)   provide information on the steps taken or envisaged to promote understanding of the principle of the Convention by the authorities and organizations of workers and employers.

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

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

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

Wage gap. The Committee notes that, according to the statistics provided by the Government, in 2008, women earned an average monthly wage that was 5.7 balboas (PAB) lower than that of men. However, the Committee notes that in relation to occupations in which the majority of women are concentrated, the wage gap compared to men is PAB147.7 (street vendors and services workers), PAB78 (shop and market sellers) and PAB79.3 (office workers). The Committee also notes that, according to the fourth national report on the situation of women in Panama (2002–07), there is in fact a distinction between “masculine” and “feminine” occupations, which are valued and remunerated differently. According to the report entitled “Gender in national statistics”, 64 per cent of economically active women are engaged in low-income activities. Furthermore, with regard to wage bands, the Committee notes that in 2007, women accounted for 24.1 per cent of workers in the highest band, whereas they accounted for almost the majority in the lower wage bands. The Committee urges the Government to take appropriate steps to reduce the wage gap between men and women. It requests the Government to continue providing statistical information on the remuneration levels of men and women in the various sectors of activity, disaggregated by occupational category and job, to enable the Committee to assess the progress made. The Committee also refers to its comments on the application of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111).

Economic incentives to achieve parity. The Committee refers to its previous comments concerning Decree No. 53 and, in particular, section 52 of that Decree which provides for action to promote economic incentives in the private sector to achieve a labour force consisting of 50 per cent women. The Committee notes the Government’s indication that no major progress has been made in this area given that the Ministry of Labour and Labour Development (MITRADEL) does not have an administrative unit dealing with gender issues. In this regard, the Committee notes that several steps have been taken to create a gender and labour office. The Committee notes that, according to section 36 of the draft Organic Act of MITRADEL, the gender office will be responsible for giving advice on the principle of equal opportunities for men and women, carrying out research, studies and evaluations on gender in employment and raising the awareness of civil society on the issue of equal opportunities at work. The Committee asks the Government to provide information on the progress made in creating the gender office and on its role in promoting the principle of equal remuneration for work of equal value. The Committee also reiterates its request for information on the application of section 52 of Decree No. 53, as well as on the application of the provisions of this Decree relating to the engagement of women in new occupations and in those traditionally considered to be male occupations (sections 42, 45 and 48), the establishment of a mechanism for the inclusion in collective agreements of a compulsory clause on the equal distribution of women and men in the various jobs (section 50) and the formulation of an assessment of the situation of women domestic workers (section 56).

Collective agreements. The Committee once again asks the Government to provide information on the manner in which the principle of equal remuneration for work of equal value is addressed in collective bargaining and to provide copies of collective agreements which reflect the principle set out in the Convention. The Committee also reiterates its request for information on the steps taken or envisaged in accordance with the recommendations of the study carried out by MITRADEL with regard to, inter alia, the inclusion in the collective bargaining process of women workers who are traditionally excluded.

Objective job evaluation. The Committee notes Decree No. 46 of 11 December 2007 which “determines the new minimum wage rates throughout the national territory”. It also notes the Government’s indication that the minimum wage is determined irrespective of the worker’s sex. Recalling its general observation of 2006 on the Convention, the Committee stresses that, in order to give full effect to the principle of the Convention, it is essential to use objective job evaluation methods which allow different jobs to be compared on the basis of factors which are not inherently discriminatory with a view to ensuring that work carried out mainly by women (“female jobs”) is not undervalued and that women receive equal remuneration compared to men carrying out work of equal value. The Committee therefore requests the Government to provide detailed information on the criteria used to ensure that, when determining the minimum wage rates, full effect is given to the principle of equal remuneration for men and women for work of equal value.

Labour inspection. The Committee notes the Government’s indication that the National Directorate of Labour Inspection has not detected any violations of the principle of the Convention and has not received any complaints on this matter. Considering that the lack of violations and complaints is likely to be the result of a limited awareness of this issue, the Committee asks the Government to implement training programmes for labour inspectors on the principle of equal remuneration for work of equal value and to take steps to raise the awareness of workers with a view to ensuring that cases of violations of the principle of the Convention are detected or reported at the appropriate time. Please continue providing information on the results of inspections carried out.

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

The Committee notes the communication of the National Federation of Public Employees and Public Service Enterprise Workers (FENASEP), dated 23 July 2009, sent to the Government on 31 August 2009. The Committee notes that the communication refers to the violation of the principle of equal remuneration for work of equal value in the public sector and, specifically to the absence of rates of remuneration established without discrimination based on sex. The Committee notes that it has not yet received the Government’s observations in reply to the comments made by FENASEP. The Committee asks the Government to provide information on the application of the Convention in the public sector, including statistics on the wage levels of public servants disaggregated by sex, occupational category and post, and any other information that it considers appropriate in reply to the comments submitted by FENASEP.

Article 1 of the Convention. Work of equal value. The Committee refers to its previous comments in which it asked the Government to amend section 10 of the Labour Code, which is limited to guaranteeing equal remuneration for “equal work”, in order to give full legislative expression to the concept of equal remuneration for men and women for “work of equal value”, as provided for under the Convention. The Committee notes the Government’s indication that no progress has been made in this regard given that a consensus has not been reached among the social partners to amend the Labour Code. The Committee also notes that the Government reiterates the arguments put forward by the Legal Advisory Department of the Ministry of Labour and Employment Development (MITRADEL) that there is no inconsistency between section 10 of the Labour Code and the Convention. The Committee notes, in particular, that the Government indicates in its report that the Convention takes legal precedence over Panama’s national law and must therefore be applied in all labour relations and employment contracts.

However, the Committee notes the jurisprudence of the Supreme Court of Justice of Panama, referred to by FENASEP in its communication, that international conventions normally lack constitutional hierarchy and that the State therefore has an obligation to adapt its domestic legislation to the provisions of such conventions (Legal Registry of May 1991). The Committee also notes the difficulties which continue to be encountered in applying the Convention in practice, which are reflected in a significant and persistent wage gap between men and women. The Committee considers that there is a lack of understanding concerning the scope of the principle of the Convention and that incorporating this principle into the national legislation in accordance with the Convention would help to clarify the situation.

The Committee therefore draws the Government’s attention once again to its general observation of 2006. The Committee emphasizes that the concept of equal remuneration for “work of equal value”, although encompassing equal remuneration for “equal”, “the same” or “similar” work, is broader than that because it requires that equal remuneration also be given to workers carrying out work that is of an entirely different nature, but which is nevertheless of equal value. This comparison between different jobs is essential due to the gender segregation which exists in the labour market, which results in certain jobs being performed mainly or exclusively by men or women. The Committee also reminds the Government that provisions that are expressed more narrowly than the principle of equal remuneration for work of equal value hinder progress in eradicating gender-based pay discrimination. The Committee therefore asks the Government to:

(i)    promote dialogue with the social partners on the need to expressly prohibit pay discrimination in situations in which men and women perform different jobs which are nonetheless of equal value with a view to amending section 10 of the Labour Code;

(ii)   expressly establish in its legislation the principle of equal remuneration for work of equal value;

(iii) provide information on any progress made in these respects; and

(iv)  provide information on the steps taken or envisaged to promote understanding of the principle of the Convention by the authorities and organizations of workers and employers.

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

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. The wage gap. The Committee notes that in private enterprises in 2004 women earned a monthly average wage that was 11.32 balboas lower than that of men, and that in 2005 the wage gap decreased to 2.71 balboas. The Committee also notes that in the public sector the wage gap between women and men was 5.52 balboas in 2004 and 5.89 balboas in 2005. The Committee requests the Government to continue providing information on any measures adopted to reduce the wage gap between men and women. The Committee would be grateful if the Government would provide information on the statistics compiled on the basis of the gender indicators adopted under section 12 of Executive Decree No. 53 of 2002.

2. Economic incentives to achieve parity. The Committee recalls that section 52 of Decree No. 53 provides that the Government shall take action to promote economic incentives in the private sector to achieve a labour force consisting of 50 per cent women. The Committee notes that the Government refers in its report to the activities undertaken by the Ministry of Labour and Employment Development (MITRADEL) in relation to equality of opportunity for women in the labour context. However, the Committee notes that none of the information provided relates to the use of economic incentives in the private sector to increase the participation of women in the labour market. The Committee, therefore, repeats its request to the Government to provide information on the application of section 52 of Decree No. 53. The Committee also asks the Government to provide information on the effect given to the provisions of this Decree relating to the engagement of women in new occupations and those traditionally considered to be male occupations (sections 42, 45 and 48), the establishment of a mechanism for the inclusion in collective agreements of a compulsory clause on the equal distribution of women and men in the various jobs (section 50) and the formulation of an assessment of the situation of women domestic workers (section 56).

3. Collective agreements. The Committee notes that in the context of the national policy on equality, MITRADEL is undertaking studies which include among their subjects collective agreements and gender equality in Panama. In the context of one of these studies, it is recommended to include in collective bargaining women workers who are traditionally excluded from it, as well as to adopt clauses in agreements to promote equality of opportunity for women both in respect of production and taking into account their reproductive role. The Committee asks the Government to provide information on the measures adopted or envisaged in accordance with the recommendations of these studies. The Committee once again asks the Government to provide information on the manner in which the principle of equal remuneration for work of equal value is addressed in collective bargaining and to provide copies of collective agreements which reflect the principle set out in the Convention.

4. Objective job evaluation. With regard to the Committee’s request relating to methods for the objective appraisal of jobs, the Government indicates that Executive Decree No. 7 of 10 March 2006 determines the new minimum wage rates throughout the national territory. The Committee reminds the Government that an objective job evaluation makes it possible to identify and correct cases in which unequalities persist in the remuneration of men and women who are engaged in different work, but which is nevertheless of the same value. The Committee also reminds the Government that this type of appraisal has to be based on objective criteria that are not affected by gender stereotypes in order to eliminate any under-evaluation of work traditionally carried out by women. The Committee asks the Government to provide information on the methods used for the application of the principle of equal remuneration for work or equal value when fixing minimum wage rates and in wages determined by collective agreements in the public and private sectors.

5. Labour inspection. The Committee notes the information provided in the annual report of the National Directorate of Labour Inspection, 2004–05. The Committee notes that, during the period 2004–05, a total of 7,742 inspections were undertaken at the national level, most of which were in commerce, other services, hotels and restaurants, construction and transport, storage and communication. The Committee notes that violations relating to the application of the Convention were not identified during the course of the labour inspections. The Committee reminds the Government that the fact that violations are not detected or that no complaints are made does not mean that there is no pay discrimination. The Committee asks the Government to keep it informed of the activities undertaken by the labour inspectorate in relation to equal remuneration for men and women for work of equal value and on the methods used to detect any violations of the principle set out in the Convention.

6. Part V of the report form. Statistics. The Committee is grateful to the Government for the statistics provided. The Committee notes that the Ministry of the Economy and Finance has made efforts to recognize and increase the visibility of work by women through the development of specific indicators. The Committee also notes that, in the context of the first phase of the Project on the Economic Agenda of Women, a document was prepared on the profile of the economic participation of Panamanian women, as well as a compendium of mini-studies on gender and the economy. The Committee also notes that the System of Gender-Based Indicators in Panama (SIEGPA) is currently in the process of adapting and updating the information available. The Committee asks the Government to provide copies of the studies carried out on the principle of equal remuneration for men and women for work of equal value. The Committee asks the Government to provide information disaggregated by sex on the remuneration levels of jobs and positions in the various sectors of activity.

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

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

1. Article 1 of the Convention. Work of equal value. In its previous comments, the Committee asked the Government to give legislative expression to the principle of equal remuneration for men and women for work of equal value by amending section 10 of the Labour Code, under the terms of which “equal wages shall be paid for equal work in the service of the same employer, performed in the same job, working day, conditions of efficiency and seniority”, with a view to improving the application of the Convention. The Committee recalls that this section contains provisions that are more restrictive than the principle of equal remuneration for work of equal value, as it is limited to guaranteeing equal remuneration for equal work. In its report, the Government indicates that it disagrees with the views of the Committee of Experts and does not see any inconsistency between section 10 of the Labour Code and the principle set out in the Convention. The Committee considers that the difficulties relating to the application of the Convention in law and practice arise in particular from this lack of understanding of the scope and implications of the concept of work of “equal value”.

2. The Committee, therefore, draws the Government’s attention to its general observation of 2006, in which it clarifies the meaning of “work of equal value”. The Committee reminds the Government that, as indicated in paragraph 3 of its general observation, 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, but which is nevertheless of equal value.” In paragraph 6 of the general observation, the Committee indicates that “several countries still retain legal provisions that are narrower than the principle as laid down in the Convention, as they do not give expression to the concept of ‘work of equal value’, and that such provisions hinder progress in eradicating gender-based pay discrimination against women at work.” The Committee, therefore, urges the Government: (a) to amend section 10 of the Labour Code by including the principle of equal remuneration for work of equal value; (b) to take the necessary measures to clarify the meaning of this principle with the authorities and with workers’ and employers’ organizations; and (c) to provide information in this respect.

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

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

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

1. The wage gap. The Committee notes that in private enterprises in 2004 women earned a monthly average wage that was 11.32 balboas lower than that of men, and that in 2005 the wage gap decreased to 2.71 balboas. The Committee also notes that in the public sector the wage gap between women and men was 5.52 balboas in 2004 and 5.89 balboas in 2005. The Committee requests the Government to continue providing information on any measures adopted to reduce the wage gap between men and women. The Committee would be grateful if the Government would provide information on the statistics compiled on the basis of the gender indicators adopted under section 12 of Executive Decree No. 53 of 2002.

2. Economic incentives to achieve parity. The Committee recalls that section 52 of Decree No. 53 provides that the Government shall take action to promote economic incentives in the private sector to achieve a labour force consisting of 50 per cent women. The Committee notes that the Government refers in its report to the activities undertaken by the Ministry of Labour and Employment Development (MITRADEL) in relation to equality of opportunity for women in the labour context. However, the Committee notes that none of the information provided relates to the use of economic incentives in the private sector to increase the participation of women in the labour market. The Committee, therefore, repeats its request to the Government to provide information on the application of section 52 of Decree No. 53. The Committee also asks the Government to provide information on the effect given to the provisions of this Decree relating to the engagement of women in new occupations and those traditionally considered to be male occupations (sections 42, 45 and 48), the establishment of a mechanism for the inclusion in collective agreements of a compulsory clause on the equal distribution of women and men in the various jobs (section 50) and the formulation of an assessment of the situation of women domestic workers (section 56).

3. Collective agreements. The Committee notes that in the context of the national policy on equality, MITRADEL is undertaking studies which include among their subjects collective agreements and gender equality in Panama. In the context of one of these studies, it is recommended to include in collective bargaining women workers who are traditionally excluded from it, as well as to adopt clauses in agreements to promote equality of opportunity for women both in respect of production and taking into account their reproductive role. The Committee asks the Government to provide information on the measures adopted or envisaged in accordance with the recommendations of these studies. The Committee once again asks the Government to provide information on the manner in which the principle of equal remuneration for work of equal value is addressed in collective bargaining and to provide copies of collective agreements which reflect the principle set out in the Convention.

4. Objective job evaluation. With regard to the Committee’s request relating to methods for the objective appraisal of jobs, the Government indicates that Executive Decree No. 7 of 10 March 2006 determines the new minimum wage rates throughout the national territory. The Committee reminds the Government that an objective job evaluation makes it possible to identify and correct cases in which unequalities persist in the remuneration of men and women who are engaged in different work, but which is nevertheless of the same value. The Committee also reminds the Government that this type of appraisal has to be based on objective criteria that are not affected by gender stereotypes in order to eliminate any under-evaluation of work traditionally carried out by women. The Committee asks the Government to provide information on the methods used for the application of the principle of equal remuneration for work or equal value when fixing minimum wage rates and in wages determined by collective agreements in the public and private sectors.

5. Labour inspection. The Committee notes the information provided in the annual report of the National Directorate of Labour Inspection, 2004–05. The Committee notes that, during the period 2004–05, a total of 7,742 inspections were undertaken at the national level, most of which were in commerce, other services, hotels and restaurants, construction and transport, storage and communication. The Committee notes that violations relating to the application of the Convention were not identified during the course of the labour inspections. The Committee reminds the Government that the fact that violations are not detected or that no complaints are made does not mean that there is no pay discrimination. The Committee asks the Government to keep it informed of the activities undertaken by the labour inspectorate in relation to equal remuneration for men and women for work of equal value and on the methods used to detect any violations of the principle set out in the Convention.

6. Part V of the report form. Statistics. The Committee is grateful to the Government for the statistics provided. The Committee notes that the Ministry of the Economy and Finance has made efforts to recognize and increase the visibility of work by women through the development of specific indicators. The Committee also notes that, in the context of the first phase of the Project on the Economic Agenda of Women, a document was prepared on the profile of the economic participation of Panamanian women, as well as a compendium of mini-studies on gender and the economy. The Committee also notes that the System of Gender-Based Indicators in Panama (SIEGPA) is currently in the process of adapting and updating the information available. The Committee asks the Government to provide copies of the studies carried out on the principle of equal remuneration for men and women for work of equal value. The Committee asks the Government to provide information disaggregated by sex on the remuneration levels of jobs and positions in the various sectors of activity.

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

1. Article 1 of the Convention. Work of equal value. In its previous comments, the Committee asked the Government to give legislative expression to the principle of equal remuneration for men and women for work of equal value by amending section 10 of the Labour Code, under the terms of which “equal wages shall be paid for equal work in the service of the same employer, performed in the same job, working day, conditions of efficiency and seniority”, with a view to improving the application of the Convention. The Committee recalls that this section contains provisions that are more restrictive than the principle of equal remuneration for work of equal value, as it is limited to guaranteeing equal remuneration for equal work. In its report, the Government indicates that it disagrees with the views of the Committee of Experts and does not see any inconsistency between section 10 of the Labour Code and the principle set out in the Convention. The Committee considers that the difficulties relating to the application of the Convention in law and practice arise in particular from this lack of understanding of the scope and implications of the concept of work of “equal value”.

2. The Committee, therefore, draws the Government’s attention to its general observation of 2006, in which it clarifies the meaning of “work of equal value”. The Committee reminds the Government that, as indicated in paragraph 3 of its general observation, 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, but which is nevertheless of equal value.” In paragraph 6 of the general observation, the Committee indicates that “several countries still retain legal provisions that are narrower than the principle as laid down in the Convention, as they do not give expression to the concept of ‘work of equal value’, and that such provisions hinder progress in eradicating gender-based pay discrimination against women at work.” The Committee, therefore, urges the Government: (a) to amend section 10 of the Labour Code by including the principle of equal remuneration for work of equal value; (b) to take the necessary measures to clarify the meaning of this principle with the authorities and with workers’ and employers’ organizations; and (c) to provide information in this respect.

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

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

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. The wage gap. The Committee notes that, according to the Government’s report, the wage statistics show the disadvantages for women of the labour market situation and the inequality that exists on the labour market. According to the latest household survey, the average level of women’s wages in the private sector is 87.33 balboas lower than that of men, while in the public sector the average wage gap is reduced to 28.27 balboas in favour of men. The Committee asks the Government to continue providing information on the impact of the new legislation in terms of reducing the wage gap. The Committee would be grateful if the Government would provide information on the gender indicators adopted under section 12 of Executive Decree No. 52 of 2002.

2. Economic incentives to achieve parity. The Committee notes that, according to the Government’s report, further progress has not yet been achieved in the application of section 52 of Decree No. 53, which provides that the Government shall take action to promote economic incentives to achieve a labour force consisting of 50 per cent women. The Committee hopes that in its next report the Government will be in a position to provide information on the application of sections 42, 45, 48, 50, 52 and 56, to which it referred in its direct request in 2003.

3. Collective agreements and methods for the objective appraisal of jobs. With regard to the Committee’s request for the Government to provide copies of collective agreements applying the principle of equal remuneration for men and women for work of equal value, the Government indicates that collective agreements do not establish differences on grounds of sex, and that no distinction is made when determining wages by decree. The Committee considers that the fact that collective agreements or the legislation do not establish differences based on sex is undoubtedly a first step, but draws the Government’s attention to the fact that provisions which are neutral in their wording may nevertheless give rise to indirect discrimination through the provision of lower pay for jobs traditionally occupied by women than those traditionally held by men. Moreover, wage supplements (for seniority, mobility, availability) are components of remuneration that are not included in minimum wages, but which may give rise to hidden discrimination. It therefore asks the Government to provide information on the machinery that is in place to detect such differences where they exist and on the methods applied to undertake an objective appraisal of jobs. Due to the tendency for men and women to be engaged in different jobs, it is essential to have a technique to measure the relative value of jobs which differ in their content with a view to eliminating discrimination in the remuneration of men and women. The Committee hopes that in its next report of the Government will be in a position to provide information on the methods used for the objective appraisal of jobs and that it will provide copies of a number of collective agreements so that the Committee can examine wage categories by function and sex, as well as by wage supplements.

4. Labour inspection. The Committee notes that no complaints have been recorded during the reporting period concerning failure to apply the principle set out in the Convention. The Committee reiterates that it is not possible to deduce from the data on labour inspections contained in the Government’s report whether violations have been detected of the principle of equal remuneration for men and women for work of equal value. The Committee therefore asks the Government to provide information in its next report on the activities of the labour inspectorate in relation to the principle set out in the Convention.

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

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

1. Legislation. In its previous comments, the Committee indicated that section 10 of the Labour Code does not adequately reflect the principle set out in the Convention because it provides that “equal wages shall be paid for equal work in the service of the same employer, performed in the same job, working day, conditions of efficiency and seniority”, whereas the principle set out in the Convention is broader, since it also applies to work that is different but of “equal value” and carried out for the same or another employer. In its observation in 2003, the Committee expressed the hope that the Government would make efforts to amend section 10 of the Labour Code to bring it into harmony with the principle set out in the Convention.

2. The Committee notes the Government’s indications in its report that section 10 of the Labour Code is based on article 63 of the Constitution, under the terms of which “equal wages or pay shall always be provided for equal work under identical conditions, irrespective of the persons performing it and without distinction on grounds of sex, nationality, age, race, social class or political or religious views”. The Government adds that the guiding standard maintains the broad meaning of equality without distinction on grounds of gender and that section 10 referred to above does not therefore merit amendment as it guarantees equal wages.

3. The Committee considers however that the principle set out in section 10 of the Labour Code is narrower than the principle established by the Convention. The Committee points out once again that equal remuneration within the meaning of the Convention is not limited to equal work, nor to work performed under identical conditions, but is broader and has to be applied to work of equal value, even where the work is of a different nature or is performed under different conditions, or for different employers. Where legislation exists covering equal remuneration, it must not be more restrictive than the Convention, nor inconsistent with it. The Committee therefore once again expresses the hope that the Government will make the necessary efforts to amend section 10 of the Labour Code to give legislative expression to the principle established by the Convention of equal remuneration for men and women for work of “equal value” and it requests the Government to continue providing information on this subject.

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

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

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

1. The wage gap. The Committee notes that, according to the Government’s report, the wage statistics show the disadvantages for women of the labour market situation and the inequality that exists on the labour market. According to the latest household survey, the average level of women’s wages in the private sector is 87.33 balboas lower than that of men, while in the public sector the average wage gap is reduced to 28.27 balboas in favour of men. The Committee asks the Government to continue providing information on the impact of the new legislation in terms of reducing the wage gap. The Committee would be grateful if the Government would provide information on the gender indicators adopted under section 12 of Executive Decree No. 52 of 2002.

2. Economic incentives to achieve parity. The Committee notes that, according to the Government’s report, further progress has not yet been achieved in the application of section 52 of Decree No. 53, which provides that the Government shall take action to promote economic incentives to achieve a labour force consisting of 50 per cent women. The Committee hopes that in its next report the Government will be in a position to provide information on the application of sections 42, 45, 48, 50, 52 and 56, to which it referred in its direct request in 2003.

3. Collective agreements and methods for the objective appraisal of jobs. With regard to the Committee’s request for the Government to provide copies of collective agreements applying the principle of equal remuneration for men and women for work of equal value, the Government indicates that collective agreements do not establish differences on grounds of sex, and that no distinction is made when determining wages by decree. The Committee considers that the fact that collective agreements or the legislation do not establish differences based on sex is undoubtedly a first step, but draws the Government’s attention to the fact that provisions which are neutral in their wording may nevertheless give rise to indirect discrimination through the provision of lower pay for jobs traditionally occupied by women than those traditionally held by men. Moreover, wage supplements (for seniority, mobility, availability) are components of remuneration that are not included in minimum wages, but which may give rise to hidden discrimination. It therefore asks the Government to provide information on the machinery that is in place to detect such differences where they exist and on the methods applied to undertake an objective appraisal of jobs. Due to the tendency for men and women to be engaged in different jobs, it is essential to have a technique to measure the relative value of jobs which differ in their content with a view to eliminating discrimination in the remuneration of men and women. The Committee hopes that in its next report of the Government will be in a position to provide information on the methods used for the objective appraisal of jobs and that it will provide copies of a number of collective agreements so that the Committee can examine wage categories by function and sex, as well as by wage supplements.

4. Labour inspection. The Committee notes that no complaints have been recorded during the reporting period concerning failure to apply the principle set out in the Convention. The Committee reiterates that it is not possible to deduce from the data on labour inspections contained in the Government’s report whether violations have been detected of the principle of equal remuneration for men and women for work of equal value. The Committee therefore asks the Government to provide information in its next report on the activities of the labour inspectorate in relation to the principle set out in the Convention.

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

1. Legislation. In its previous comments, the Committee indicated that section 10 of the Labour Code does not adequately reflect the principle set out in the Convention because it provides that "equal wages shall be paid for equal work in the service of the same employer, performed in the same job, working day, conditions of efficiency and seniority", whereas the principle set out in the Convention is broader, since it also applies to work that is different but of "equal value" and carried out for the same or another employer. In its observation in 2003, the Committee expressed the hope that the Government would make efforts to amend section 10 of the Labour Code to bring it into harmony with the principle set out in the Convention.

2. The Committee notes the Government’s indications in its report that section 10 of the Labour Code is based on article 63 of the Constitution, under the terms of which "equal wages or pay shall always be provided for equal work under identical conditions, irrespective of the persons performing it and without distinction on grounds of sex, nationality, age, race, social class or political or religious views". The Government adds that the guiding standard maintains the broad meaning of equality without distinction on grounds of gender and that section 10 referred to above does not therefore merit amendment as it guarantees equal wages.

3. The Committee considers however that the principle set out in section 10 of the Labour Code is narrower than the principle established by the Convention. The Committee points out once again that equal remuneration within the meaning of the Convention is not limited to equal work, nor to work performed under identical conditions, but is broader and has to be applied to work of equal value, even where the work is of a different nature or is performed under different conditions, or for different employers. Where legislation exists covering equal remuneration, it must not be more restrictive than the Convention, nor inconsistent with it. The Committee therefore once again expresses the hope that the Government will make the necessary efforts to amend section 10 of the Labour Code to give legislative expression to the principle established by the Convention of equal remuneration for men and women for work of "equal value" and it requests the Government to continue providing information on this subject.

The Committee is raising other matters in a request addressed 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 report and the various annexes and statistical data attached.

1. The Government had indicated in its previous report that problems of unequal wages occur in practice and that between 35 and 39 per cent of the wage gap is caused by discrimination, with the widest gap (50 per cent) occurring in the case of women with postgraduate studies and also in the private sector. Moreover, Act No. 4 of 29 January 1990, establishing equality of opportunity for women, does not envisage a specific policy to promote equal remuneration for men and women workers for work of equal value. The Committee had requested the Government to provide information on the measures and action taken in the context of public bodies for the promotion of equal remuneration for men and women for work of equal value.

2. The Committee notes that, according to the statistics provided by the Government in its last report, the wage gap has been reduced in various sectors, for example in the commercial sector, where women on average earned 95.27 per cent of the wages of men in 1999, with this figure rising to 98.73 per cent in 2000. Despite the above, the statistics show that wage gaps between men and women persist in both the public and private sectors. Moreover, in most of the public administration the number of women employed at the higher paid levels is substantially lower than the number of men. Whilst this latter issue is related to the application of Convention No. 111, the Committee wishes to draw the Government’s attention to the fact that the wage gap between men and women is also related to the horizontal and vertical segregation which may prevent women from obtaining higher paid jobs.

3. The Committee notes the commitments made by the Ministry of Labour and other government and private entities to give effect to the provisions of Executive Decree No. 53 of 25 June 2002, with particular reference to the provisions relating to: the employment of women in new occupations or in those traditionally considered to be male dominated (sections 42, 45 and 48); the establishment of a mechanism requiring the inclusion in collective agreements of a compulsory clause for parity in the distribution of women and men in the various jobs (section 50); the introduction of economic incentives in the private sector for the application of the provisions of the Convention (section 52); and the carrying out of an assessment of the situation of women domestic employees (section 56). The Committee trusts that the Government in its next report will be able to indicate the progress made in practice in reducing the wage gap between men and women for work of equal value in both the public and the private sectors. The Committee asks the Government to provide copies of collective agreements which implement the principle of equal remuneration for men and women workers for work of equal value.

4. The Committee notes the information provided by the Government in its report on the provisions of section 41 of Executive Decree No. 53 of 25 June 2002 establishing machinery to receive and investigate violations reported by women workers in relation to discrimination on grounds which include sex. The Committee hopes that in its next report the Government will provide information on the progress achieved in this matter in relation to the processing of complaints of violations of the principle of equal remuneration for men and women workers for work of equal value. The Committee also wishes to draw the Government’s attention, in relation to the reference that it made in its report to the data on labour inspections contained in Annex 1 of the report under Convention No. 87, to the fact that it is not possible to deduce from these data whether violations of the principle of equal remuneration for men and women for work of equal value have been identified. For the above reasons, the Committee would be grateful if the Government would provide information in its next report where possible on the existence of violations relating to the application of the Convention in practice.

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

1. The Committee notes with interest the adoption of Executive Decree No. 53 of 25 June 2002 issuing regulations under Act No. 29 of January 1999 to establish equality of opportunity for women, and particularly section 43 relating to the development of mechanisms and procedures for the appraisal of tasks to ensure the application of the principle of equal remuneration for men and women workers for work of equal value and the obligation to make use of the criteria agreed to in labour centres. The Committee notes with interest the information provided by the Government concerning the system for the appraisal of jobs in the various institutions in the public sector. It also notes the Government’s indication as to the preparation of further manuals for the classification and evaluation of jobs for the various decentralized institutions which are covered by the administrative careers system. The Committee welcomes this Decree and the adoption of objective job appraisal systems and asks the Government to provide information on the mechanisms, procedures and criteria adopted to promote equal pay for work of equal value pursuant to this Decree. The Committee also notes that the recently launched Plan for Equality of Opportunities for Women in Panama (PIOM II) 2002-06 envisages "promoting action to guarantee the international principle set out in Convention No. 100 of the International Labour Organization of equal remuneration for work of equal value".

2. The Committee recalls its previous comments noting that section 10 of the Labour Code does not adequately reflect the principle set out in the Convention because it provides that "equal wages shall be paid for equal work in the service of the same employer, performed in the same job, working day, conditions of efficiency and seniority", whereas the principle set out in the Convention is broader since it also applies to work that is different but of "equal value" and carried out for the same or another employer. In view of the new Executive Decree and the Plan for Equality, the Committee hopes that the Government will make every effort to amend section 10 of the Labour Code, thereby bringing its Labour Code into compliance with the broader principle of equal remuneration for men and women workers for work of equal value.

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

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

The Committee notes the information in the Government’s report and the annexes attached thereto.

1. The Committee observes that there has been no progress in amending the Labour Code to incorporate the recommendations made in the Convention, since no bill has yet been drafted on Action 1.2, which corresponds to the legal and social equity section of the Women and Development Action Plan. The Committee appreciates that the Government is aware that the principle of equal pay for men and women for work of equal value established by the Convention is broader than the provisions on equality of remuneration in the national legislation. The Government states that not only does the legislation treat the principle established in the Convention restrictively, but that there are also provisions which are discriminatory and legal restrictions that impair the effective exercise of these rights. The Committee notes that, according to the Ministry of Youth, Women, Children and the Family, there should be a review of the Constitution as well as the labour legislation, but no decisions have as yet been taken in this regard. The Committee notes the Government’s statement that so far it has not been possible to overcome these shortcomings in the law. The Committee hopes that the Government will continue to make the necessary efforts to bring the national legislation into line with the principle of the Convention, and asks the Government to continue to report on progress made in this respect.

2. The Committee notes the promulgation of Act No. 4 of 29 January 1999 establishing equal opportunities for women, particularly Chapter V, which concerns labour. The Committee observes that although the Act establishes that the State shall implement a public policy to reduce segregation between the sexes at work, shall facilitate women’s admission to management posts and adapt formal and informal education and technical training programmes so as to qualify women for better paid jobs, it does not establish a policy to promote equal remuneration for men and women workers for work of equal value. The Committee asks the Government to provide information on measures being taken by the specialized bodies responsible for the coordination, promotion, development and supervision of the public policy to promote equal opportunities for women in public entities, provided for in section 31 of the Act with regard to the promotion of equal remuneration for men and women for work of equal value.

3. The Government states that there are problems of wage differentials in practice and that, according to the report Gender implications of wage differentials between men and women, men and women workers are not paid strictly on the basis of merit, and discrimination accounts for between 35 and 39 per cent of the wage differential. The Government points out that the average wage varies according to the geographical area in which women are employed; in the urban formal sector women’s wages tend to be lower than men’s; and this tendency is more marked among women with high-level technical academic training, women with postgraduate degrees earning virtually only half the amount earned by their male counterparts. The Government stresses that there is no sector in which women are on a par with men and no level of education at which women earn as much as, let alone more than, men on average. The Committee also notes that in the public sector women’s pay is 5.5 per cent less than men’s and that in the private sector the wage differential for work of equal value is greater, women receiving 17 per cent less pay than men.

4. The Committee notes the Government’s statement that the standards laying down the principle of equal pay are ineffective largely because there is no proper process affording adequate guarantees to women workers in applying for jobs. Furthermore, the purpose of the procedure established by Act No. 53 of 1975, whereby the Ministry of Labour and Labour Development (MIDRATEL) hears applications concerning the minimum wage, is to determine whether or not the employer is paying the minimum wage, not whether the principle of equal pay is being observed. The Committee also notes with interest the conclusions derived from the Clara González national report on the status of women in Panama in 1999, which shows that although 15 per cent of the women questioned suffered wage discrimination, no cases of wage discrimination had been brought to MIDRATEL, and that 40 per cent of the women questioned were unaware that they could seek redress for wage discrimination with MIDRATEL. The Committee asks the Government to provide more information on the measures being adopted to disseminate the labour rights of women more broadly, and on the resources available to them to secure equal pay for work of equal value.

5. The Committee notes the Government’s statement that there are no suitable mechanisms for non-discriminatory job appraisal. The Committee recalls that objective job appraisal means adopting a method to measure and compare objectively the relative value of the tasks performed. Since men and women tend to perform different jobs, it is essential to have a method for measuring the relative value of jobs with different content so as to eliminate discrimination between men and women (see paragraphs 138-152 of the General Survey on equal remuneration, 1986). The Committee reiterates that the Government needs to adopt measures to promote such job appraisal and asks it to report on the progress made.

6. The Committee notes that, currently out of the 40 government institutions, 11 ministries and one decentralized body have institutional handbooks for the classification of jobs duly approved and executed. This amounts to coverage of 41 per cent of the 60,000 government civil servants entitled to have their posts appraised and classified. The Committee hopes that the Administrative Careers General Directorate will continue to provide information on progress and on measures envisaged to strengthen the continuity of the programme for classification, appraisal and remuneration of existing posts both in government bodies where the system has been installed and in those where it is not yet in operation.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes the information supplied by the Government and has examined with interest the documentation on the Promotion of Equality of Opportunity Programme in Panama.

1. Regarding section 10 of the Labour Code and further related sections, the Committee notes that these provisions do not adequately reflect the principle of equal remuneration for men and women workers for work of equal value. The Committee notes with interest that Action 1.2 of the National Plan for Women in Development, to be applied between 1996 and 2001, included "the submission of proposals to the Legislative Assembly to incorporate the recommendations contained in Conventions Nos. 100 and 111 of the ILO into the amendments of the Labour Code". The Committee requests information on the progress achieved in bringing national legislation into line with the principles contained in the Convention.

2. The Committee requests information on the manner in which the application is ensured of the principle of equal remuneration for men and women workers for work of equal value to all persons employed in the bodies and services of the central public administration.

3. The Committee observes that, to initiate proceedings regarding violation of the principle of equal pay under section 145 of the Labour Code, conditions including the following must be met: (1) equal work must be performed in an enterprise or by a worker, and (2) the work performed must be carried out "in the same post". It wishes to point out that, as established by this Committee, the principle of the Convention extends beyond cases where work is performed in the same establishment and beyond the same jobs performed by both sexes. In this connection see paragraphs 22 and 72 of the 1986 General Survey. The Committee hopes that this question will be taken into consideration in the amendments to be undertaken to the Labour Code and would be grateful to be kept informed on any legal action and judgements arising in this connection.

4. In its information regarding Article 3 of the Convention, the Government referred to job evaluation. The Committee points out that an objective evaluation of jobs implies the adoption of a technique to measure and compare objectively the relative value of the jobs performed. Because men and women tend to perform different jobs, a technique to measure the relative value of jobs with varying content is critical to eliminating discrimination in the remuneration of men and women. See paragraphs 138 to 152 of the 1986 General Survey on this. The Committee hopes the Government will adopt measures to encourage this method of evaluation and asks to be kept informed of progress achieved.

5. The Committee requests the Government in its next report to provide the most complete statistical information possible, disaggregated by sex, regarding paragraphs (i) and (ii) of its 1998 general observation on Convention No. 100.

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

With reference to its previous direct requests, the Committee notes the Government's report and the attached documentation.

1. With reference to the statistics compiled by the Regional Employment Programme for Latin America and the Caribbean (PREALC), which showed that the average monthly earnings of women workers in most economic activities, both in the public and private sectors, are in general lower than those of men, the Committee requested the Government in its previous comments to supply: (a) information as the reasons for these wage disparities between the sexes; and (b) the measures which have been taken or are envisaged to remedy these inequalities. The Committee notes that the Government refers to the manner in which women are integrated into the labour market and to factors of a cultural nature, as well as the statistical methodologies, as possible explanations for the wage disparities, but does not mention the measures taken to remedy them. The Committee once again requests the Government to supply information on the measures which have been adopted or are envisaged in this respect. In this context, the Committee refers to the explanations contained in paragraphs 22 and 23 of its 1986 General Survey on Equal Remuneration and to the principles set out in Article 2 of the Convention, which establishes the obligation to ensure equal remuneration for men and women workers for work of equal value.

2. Since the matter is not referred to in the Government's report, the Committee requests it to supply detailed information on the methods used in conducting objective and impartial job evaluations, as required by section 145 of the Labour Code read in conjunction with section 10 of the Code (relating to violations of the principle of equal remuneration).

3. With reference to the 1991 ruling of the Supreme Court of Justice in an action to declare unconstitutional section 145 of the Labour Code (the determination of the period of retroactivity of a ruling establishing that the principle of equal wages has been violated), the Committee would be grateful if the Government would supply explanations on the scope of the Court's ruling, which is merely of an interpretative nature. Is its scope erga omnes? Will it continue to be applied in future? Might it only be applied in the case in question?

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

With reference to its previous direct requests, the Committee notes the Government's report and the attached documents.

1. The Committee takes note of the statistics compiled by the ILO Regional Employment Programme for Latin America and the Caribbean (PREALC), referred to as a source in the appendices to the report, which show that the average monthly earnings of women are generally lower than those of men, in both the private and public sectors. The Committee therefore asks the Government to provide information as to the reasons for these wage disparities as well as on the measures taken or contemplated to remedy them. In this connection, the Committee refers to the explanations in paragraphs 22 and 23 of its 1986 General Survey on Equal Remuneration and to the principle laid down in Article 2 of the Convention which establishes the obligation to ensure equal remuneration for men and women workers for work of equal value.

2. The Committee would be grateful if the Government would: (a) send some samples of the collective agreements referred to on page 2, paragraph 2(b) of its report; and (b) provide detailed information on the methods used in conducting objective and impartial job evaluations, as required by section 145 of the Labour Code read together with section 10 of the same Code (in the event of the violation of the principle of equal remuneration).

3. The Committee notes the information contained in the Government's report to the effect that there have been no judicial rulings concerning the principle of equal remuneration, and trusts that the Government will continue to provide information in this respect (in accordance with Part IV of the report form).

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

The Committee notes the Government's reports which were received in June 1988 and October 1989. While noting the concerns expressed in these reports, it notes that the information supplied does not reply at all to the comments made in its previous requests.

The Committee therefore once again requests the Government to supply full information in its next report on the measures that have been taken to promote the principle of equal remuneration for men and women workers for work of equal value, as provided for in the Convention.

The Committee also requests the Government to supply copies of some of the collective agreements establishing wage rates for workers of both sexes and to supply information, including copies of judicial decisions, which would enable it to assess the effect given in practice to the concept of "equal work" contained in section 10 of the Labour Code, and also to supply information on the way in which "equal conditions" as regards "efficiency" are determined for the workers concerned as set out in the same section.

The Committee hopes that the Government will not fail to supply the above information (the judicial decisions supplied with the above reports do not deal with equal remuneration) and that it will indicate the methods and criteria used by the national commission referred to in previous reports for the determination of minimum wages for various jobs. Please also supply statistics on current wages, both in the private and public sectors, since the statistics to which the Government referred in its report dated June 1987, have not been received.