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Equal remuneration for work of equal value. The Committee notes the Government’s indication that there is a need for a change in the perception of certain jobs which have historically been undervalued. The Committee also notes the Government’s indication that work is being undertaken on the introduction of legislative changes and the harmonization of the national legislation with the principle of equal remuneration for work of equal value as set out in the Convention. The Committee asks the Government to provide specific information on the progress achieved in giving full expression in law to the principle set out in the Convention.
Minimum wages. With regard to the fixing of minimum wages, the Committee notes the Government’s statement that classifications do not give rise to wage discrimination on the ground of gender and that the fact that the demand for a specific job is more female or male, or vice versa, is a characteristic of supply and demand on the market. With reference to this issue, the Committee refers the Government to its 2006 general observation, in which it observes that “historical attitudes towards the role of women in society, along with stereotypical assumptions regarding women’s aspirations, preferences, capabilities and ‘suitability’ for certain jobs, have contributed to occupational sex segregation in the labour market. As a result, certain jobs are held predominantly or exclusively by women and others by men. These views and attitudes also tend to result in the undervaluation of ‘female jobs’ in comparison with those of men who are performing different work and using different skills, when determining wage rates” (paragraph 2). The Committee wishes to emphasize that it is precisely for this reason that it is essential to undertake a comparison of these jobs, examining the various tasks that they involve on the basis of entirely objective and non‑discriminatory criteria to avoid an assessment being tainted by gender bias. The Committee asks the Government to provide information on the manner in which the application of the principle of equal remuneration for work of equal value is ensured in the fixing of minimum wages and how the National Wage Council contributes to the promotion and application of the principle of equal remuneration for men and women for work of equal value, including in the private sector.
With reference to its previous comments concerning the classification of jobs as skilled, semi-skilled and unskilled, the Committee notes the Government’s indication that statistical information is not available on the distribution of men and women in each of the skill and specialization categories used for the fixing of minimum wages. The Committee notes the objective set out in the Plan of Action 2008–12 for the National Gender Equality and Equity Policy of the establishment of an inter-institutional coordination body to promote the access and retention of women in technical and technological careers. The Committee asks the Government to provide further information on the establishment of the coordination body referred to above and its activities, as well as on any other activities carried out to reduce the segregation of women in the labour market by sector and occupational category.
The Committee notes the adoption in July 2009 of Act No. 8726, known as the Paid Domestic Work Act, which amends certain sections of the Labour Code. The Committee notes that, in relation to wages, the Act provides that persons working in domestic service shall receive their wages in cash, which shall correspond as a minimum to the statutory minimum wage for the category as established by the National Wage Council and that the wages paid in kind (accommodation and food) shall under no circumstances be counted as part of the minimum wage established by law. The Committee notes the Government’s clarifications in relation to the classification of domestic work in the Minimum Wage Decree and its inclusion under the heading of “Specific determinations”, and not in the category of “unskilled worker”. The Committee notes that, as part of the activities envisaged in the Plan of Action 2008–12 for the National Gender Equality and Equity Policy, certification is to be introduced for at least three types of work traditionally carried out by women through the certification programme of the National Learning Institute (INA). In this respect, the Committee notes that the possibility of extending the certification process to domestic work is being examined with a view to ensuring better contractual conditions and compliance with labour rights, and so that wages are determined in accordance with acquired experience and abilities. The Committee asks the Government to provide further information on the progress achieved in the establishment of this certification process and its impact on the classification of jobs for the purposes of the minimum wage.
Enforcement. The Committee notes that the Government is considering the adoption of measures to help the courts and labour inspectors to ensure the application of the principle of equal remuneration for work of equal value, including the provision of training on the concept of “work of equal value” and its application in practice. The Committee hopes that the Government will be in a position to provide further information on this matter in its next report.
Information entry forms. The Committee notes that, according to the information provided by the Government, due to a series of technical problems, it will not be possible to install the labour information system in most inspection offices until 2010. The Committee hopes that the Government will be in a position to provide further information in this respect in its next report.
1. Principle of equal remuneration for work of equal value. The Committee notes the Government’s statement that it wishes to make it clear that the national legal system and practice governing the bodies competent for adjusting wage increments for both the public and the private sectors do not allow the establishment of differences between remuneration rates on the ground of the sex of the worker. It also notes that article 57 of the Constitution provides that “The wage shall always be equal for equal work under identical conditions of efficiency”, while section 167 of the Labour Code provides that “The quantity and quality shall be taken into account when determining the level of the wage for each type of work. Equal wages shall be paid for equal work, performed in the same job and under equal conditions of efficiency and time … ”. The Committee reiterates that these provisions are not in conformity with the principle of the Convention. The Convention does not refer to “equal work”, but to the broader concept of “work of equal value”. The concept of “work of equal value” allows work to be compared that is of an entirely different nature, undertaken in different enterprises and sectors, which is nevertheless of equal value. The Committee refers the Government to its general observation of 2006 on the Convention, in particular to paragraph 6 of the observation. The Committee urges the Government to take the necessary measures to amend the legislation by giving full expression to the principle set out in the Convention, and to provide information of progress made in this regard.
2. Minimum wages. In its previous direct request, the Committee asked the Government to provide information on the activities carried out to reduce sectoral and occupational segregation of women in the labour market. The Committee notes that, according to the Government’s report, the National Institute for Women (INAMU) and the Gender Equality Unit have taken action to ensure that the minimum wage of female domestic workers is equivalent to the minimum wage for unskilled workers, and that the National Wages Board approved a percentage increase, which constitutes significant progress. The Committee notes that this constitutes progress as it improves the income of female domestic workers; however, it also raises the question of the criteria used, considering that domestic work involves a series of tasks of varying complexity, and is generally performed by women, is classified as unskilled work. In this respect, in paragraph 5 of its general observation, the Committee indicated that “often skills considered to be ‘female’, such as manual dexterity and those required in caring professions, are undervalued or even overlooked, in comparison with traditionally ‘male’ skills, such as heavy lifting”. The Committee indicated in the same paragraph that, in order to establish whether different jobs are of equal value, there has to be an examination of the respective tasks involved, through which it has to be possible to compare jobs that are very different in nature, but which are nevertheless of equal value. The Committee notes that Decree No. 33437 of the Ministry of Labour and Social Security, in Chapter 2, establishes minimum wages for eight different categories of workers. Please indicate the types of jobs which correspond to each category of minimum wage, with an indication, for example, of those that are considered to be skilled, semi-skilled and unskilled, and please also indicate the distribution of men and women in each of these categories. The Committee would also be grateful if the Government would indicate the criteria that were taken into consideration in classifying domestic work as “unskilled”.
3. Enforcement. The Committee notes that, during the period covered by the report, the records kept by the National Directorate of Inspection do not indicate any complaints relating to the Convention. The Committee considers that the absence of complaints does not mean that the principle set forth in the Convention is applied in practice, especially where this principle is not set out in law. With reference to paragraph 8 of its general observation, the Committee urges the Government to examine the possibility of adopting measures to help judges and labour inspectors guarantee the application of the principle of equal remuneration for work of equal value, including through the provision of training on the concept of “work of equal value” and the manner in which it is applied in practice, and to keep the Committee informed in this respect.
4. Information entry forms. The Committee notes that progress is being made in the redesign of the information entry forms through which data will be entered relating to equal pay in the wages of men and women. In this respect, progress is also being made in the definition of the terms for the design of the labour information system, through which it will be possible to process the data obtained from each regional office of the Directorate of Labour Inspection disaggregated by the sex of the worker concerned. The Government indicates that it hopes this system will be operational by the end of 2007 or the beginning of 2008. The Committee asks the Government to continue providing information on this point.
1. Article 2, paragraph 1, of the Convention. The Committee notes the activities conducted by the National Institute for Women (INAMU) and the Gender Equity Unit of the Ministry of Labour and Social Security, in particular to reduce the sectoral and occupational segregation of women in the labour market. The Committee asks the Government to continue to provide information on such activities and on their practical outcomes.
2. Article 2, paragraph 2(a). With reference to point 1 of its previous direct request, in which it referred to the possibility of amending a provision of the Labour Code, the Committee points out that the general principle of equality before the law cannot on its own ensure equal remuneration for men and women for work of equal value. As the Committee observed in its previous comments the Convention is broader in scope than the abovementioned provision since it does not confine itself to comparing “equal” jobs but also covers jobs which have the same “value”. The Committee hopes that in its next report the Government will be in a position to provide information on progress made in amending the Labour Code to bring it into full conformity with the Convention.
3. Complaints. With regard to the outcome of the application of section 3(e) of Decree No. 30392-MTSS, the Committee notes the Government’s statement that the Gender Unit has reported no complaints of discrimination on grounds of sex. It further notes that Presidential Directive No. 010-2003 empowers the labour inspectorate to investigate complaints of discrimination at work. The Committee accordingly asks the Government to keep it informed of the impact of the Decree on the application of the principle of the Convention.
4. “Information entry forms”. The Committee notes the Government’s statement that there has been no significant progress in implementing the “information entry forms” for classifying information by sector of activity and by sex. The Committee would be grateful if the Government would keep it informed of any progress in this matter.
The Committee notes the information provided in the Government’s report, the statistical data, and the copies of legal texts.
1. The Committee notes with interest the information provided by the Government on the adoption of Act No. 8107 of 18 July 2001 inserting a new title into the Labour Code respecting the prohibition of discrimination. The Committee notes that new section 619 provides that "all workers who perform equal work shall enjoy the same rights, equal working hours and equal remuneration, without any discrimination on grounds of age, ethnic origin, gender or religion". The Committee wishes to point out that the scope of the Convention is broader than the above provision, as it does not confine itself to comparing "equal" jobs, but also covers those which are of the same "value". The Committee hopes that the Government will envisage the possibility of amending the legislation to bring it fully into conformity with the Convention on this point.
2. The Committee notes that, according to the statistics provided by the Government on the active population classified by sex and occupational group in the public sector in June 2001, there is a marked decline in the participation of women in relation to the number of men, and even in some cases an absence of women in such sectors as animal husbandry, agriculture and fishing; artisanal production, construction, mechanics, graphic arts and skilled manufacturing; the installation and operation of equipment and machinery; and sales on commercial premises and the direct provision of personal services. It also notes that there is a lower percentage of women employed in managerial posts, as they are principally in administrative support work. In this respect, the Committee notes the information provided by the Government in its report indicating that the increase in the wage gap between men and women workers is due to the negative effect on average wages resulting from the concentration of women in low-skilled and lower paid jobs.
3. The Committee reminds the Government that it is also the objective of the Convention to eliminate differences in remuneration in sectors in which jobs considered to be traditionally "feminine" may be undervalued as a result of stereotypes based on gender, or where the access of women to higher skilled and better paid jobs is not encouraged. The Committee trusts that the Government will provide information in its next report on any measures taken to promote and, where appropriate, ensure the application of the principle of equal remuneration for men and women workers for work of equal value, particularly by reducing the segregation of women in the labour market by sector and occupational category.
4. The Committee notes the adoption of Decree No. 30392-MTSS, of 30 April 2002, to optimize the activities of the Gender Equity Unit, established in 2000 in the Ministry of Labour and Social Security. The Committee would be grateful if the Government would keep it informed of any complaints made relating to the application of the principles set forth in the Convention under the terms of section 3(e) of the above Decree.
5. The Committee notes with interest the contents of Ministerial Communication MT-0701-2002, of 6 August 2002, addressed to the National Directorate of the General Labour Inspectorate on the processing of information relating to the application of ILO Conventions, and particularly the information in the Government’s report on the preparation of "information entry forms" to classify information by sector and by gender. The Committee would be grateful if the Government would keep it informed of any progress achieved in this respect and the manner in which this initiative improves enforcement of the requirements of the Convention.
6. The Committee notes the information provided in the Government’s report on the training of high- and middle-level officials in the Ministry of Labour on the labour rights of women; on the campaigns undertaken to disseminate information through the mass media; and on the preparation of a guide of good labour practices. The Committee would be grateful if the Government would provide a copy of the guide on good labour practices with its next report. The Committee also notes that the National Women’s Institute (INAMU), in addition to participating in the above activities, took part in promoting the gender equity label project, the accounting of domestic work, the revision of the household survey to improve its gender aspects and in the National Employment Information, Guidance and Mediation System. The Committee trusts that the Government will continue to provide information on any other activity intended to give effect to the provisions of the Convention.
The Committee takes notes of the information provided by the Government in its report and the attached annexes.
1. The Committee notes that, according to the ILO’s labour statistics for 2000, the average wage for women in all sectors of economic activity was 84 per cent of the level for men, representing an increase in the percentage difference between men and women since 1997 which was greater than the increase of the previous year. The Committee asks the Government to provide information with regard to the reasons for this increase and the measures taken to eliminate wage differences and promote application of the principle of equal remuneration for men and women workers for work of equal value.
2. The Committee asks the Government to provide information on measures taken within the national policy for gender equality and equity to promote and guarantee the principle of equal remuneration. Please also indicate any relevant activities being undertaken by the National Women’s Institute to this end.
3. With respect to the fixing of minimum wages, the Committee would be grateful if the Government would provide information regarding the minimum wage applicable in the export processing zones of the country.
4. The Committee notes that the Government’s report does not contain any reply to several of its previous comments and hopes that in the next report full information will be provided concerning the issues raised in its previous direct request regarding the following points.
Regarding the wage scales applicable in the public service, the Committee notes that the wage scale makes no difference or distinction whatsoever based on sex, but evaluates jobs on the basis of the activity or content thereof, in conformity with Article 3 of the Convention (see the 1986 General Survey on equal remuneration, paragraph 21). The Committee asks the Government to supply information, including statistics, on the distribution of men and women in the public service, disaggregated by rank and occupation.
The Committee would be grateful to continue receiving information on the activities of the National Directorate of the General Labour Inspection, in particular on the number of inspections carried out in respect of equal remuneration, the infringements reported and the measures taken accordingly.
The Committee notes the information in the Government's report and the information provided on the National Wage Council, and the copies of the last decrees establishing the minimum wage and wage scales in the public administration.
1. The Committee notes that, according to the ILO's Yearbook of labour statistics of 1999, the average wage for women in 1998 in all sectors of economic activity was at 88 per cent of the level for men, an increase in the percentage difference between men and women as of 1997. The Committee would be grateful if the Government could supply information in its next report on the reasons for this increase and on the measures taken to eliminate wage differences and promote application of the principle of equal remuneration for men and women.
2. The Committee notes the detailed information supplied by the Government on Costa Rican legislation encompassing the principle of the Convention, in particular on the function and the tripartite nature of the National Wage Council. It notes with interest Act No. 7510 of 9 May 1998, which ensures that the Council, in fulfilling its purpose of fixing minimum wages in the country, enjoys full autonomy and legal personality and authority. The Committee notes that Decree No. 27109-MTSS, which regulates minimum wages as of 1 July 1998, makes no distinction whatsoever based on sex. The Committee would be grateful to receive, in the Government's next report, a copy of the decree in force on minimum wages.
3. Regarding the wage scales applicable in the public service, the Committee notes that the wage scale makes no difference or distinction whatsoever based on sex, but evaluates jobs on the basis of the activity or content thereof, in conformity with Article 3 of the Convention (see the 1986 General Survey on equal remuneration, paragraph 21). The Committee requests the Government to supply information, including statistics, on the distribution of men and women in the public service, broken down by rank and occupation.
4. The Committee would be grateful to continue receiving information on the activities of the National Directorate of the General Labour Inspection, in particular on the number of inspections carried out in respect of equal remuneration, the infringements reported and the measures taken accordingly.
With reference to its previous direct request, the Committee takes note of the Government's report and the information supplied on the functioning of the National Wage Council and on the labour inspections concerning the application of the Convention.
1. The Committee notes the Government's detailed description of the national legislation encompassing the principle of equal pay for work of equal value, and also notes with interest that, according to the ILO's Yearbooks of Labour Statistics, the percentage difference between women's and men's earnings over the period 1984-93 has improved markedly, from 72 per cent to 90 per cent. The Committee looks forward to receiving more recent statistical data on the progression of women's earnings as a percentage of men's in the next report of the Government.
2. Recalling that its previous direct request had asked for a copy of the wage scales applicable in the public service, the Committee again asks for this information. It would also appreciate receiving a copy of the current Minimum Wage Decree, which the Government stated was attached to its report but which was unfortunately not received.
The Committee notes the Government's report and the attached statistics.
1. The Committee urges the Government to supply in its next report the wage scales applicable in the public service and to indicate the distribution of men and women at the various levels of the public administration, so that the Committee can verify that the principle set out in the Convention is applied through the system for determining wages in the public sector.
2. The Committee notes with interest the statistics supplied for 1992, which refer to the average earnings of workers, disaggregated by sex in various sectors and by occupational group. The Committee notes that the average wages of women are lower than those of men in all occupational groups, and particularly in occupations in which few women work; it requests the Government to continue supplying detailed information, where possible, by occupation, sector and skill level.
3. With reference to Act No. 7142 of 1 March 1990 to promote the equality of women, the Committee notes the Government's statement that this Act lays the basis for more effective equality of remuneration. It once again requests the Government to supply information in its next report on the effect given to this Act with regard to equal remuneration for men and women workers for work of equal value. The Committee would also be grateful if the Government would supply information on the criteria which form the basis of the work of the National Wage Council as regards the classification of jobs and the granting of equal wages for work of equal value.
4. The Government onces again states in its report that it is not yet possible to compile and analyse the information referred to in point V of the report form. The Committee once again emphasizes the importance of this information in order to evaluate the manner in which the principle of equal remuneration set out in national law is applied in practice. The Committee would therefore be grateful if the Government would supply information on the measures which it intends to adopt for the effective control of the application of the Convention, particularly through the activities of the labour inspection services and judicial bodies.
The Committee takes note of the Government's report and the information provided in reply to its previous comments, particularly regarding collective agreements.
1. The Committee noted that equal remuneration for men and women is established by law (Constitution and Labour Code) for equal work performed in the same conditions of efficiency. Recalling that under the terms of Article 1 of the Convention equal remuneration applies to work of equal value, even if the tasks are of a different nature, the Committee notes the Government's statement that the equal remuneration principle provided for in the Convention is applied in all sectors by means of legal provisions guaranteeing the minimum wage without discrimination based on sex and of the system for fixing wages which are higher than the minimum. The Committee takes due note of the information provided on this matter. It asks the Government to supply in its next report the salary scales applicable in the public sector, with an indication of the percentage of men and women employed at different levels.
2. With regard to the national job classification which is used as a starting point for fixing wages in various sectors of the economy, the Committee notes the Government's indications that jobs are evaluated objectively using various criteria, as suggested in Article 3 of the Convention. The Committee would be grateful if the Government would provide statistical data concerning the minimum or basic wage rates and the average actual earnings of men and of women broken down, if possible, by occupation, branch of activity, seniority and level of qualifications, as well as information on the percentage of women in the different occupations or sectors.
3. With regard to observance of the provisions of the law governing equal remuneration, the Committee notes the Government's statement that employers are mainly responsible for applying the Convention in practice and that the violation of the provisions on equal remuneration by employers is punished. The Government states that there is no statistical information available on the practical application of the principle. The Committee noted in its previous comments that the Government was unable to provide the information required by point V of the report form, and stresses the importance of such information for assessing how the principle of equal remuneration for work of equal value set out in the national legislation is applied in practice. Consequently, the Committee would be grateful of the Government would provide information on the measures it intends to adopt so as to ensure supervision of the application of the Convention, in particular through the activities of the labour inspection services and judicial bodies.
4. The Committee takes due note of the Act respecting promotion of social equality for women, adopted on 1 March 1990. It notes that sections 1 and 2 of the Act lay down general principles of equality for men and women in all areas of political, economic, social and cultural life and that section 2 refers to the United Nations Convention on the Elimination of all Forms of Discrimination against Women which provides for "the right to equal remuneration, including benefits, and equal treatment in respect of work of equal value, as well as equality of treatment in the evaluation of the equality of work" (Article 11(1)(d)). The Committee asks the Government to provide detailed information in its next report on the implementation of the above-mentioned Act in respect of equal remuneration for work of equal value.
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:
The Committee notes the Government's report for the period ending 30 June 1988, and the replies to its previous direct request. It requests the Government to continue to supply detailed information on the progress achieved in the application of the principle of equal remuneration for work of equal value.
1. The Committee notes that article 57 of the Constitution and section 167 of the Labour Code provide for equal wages for equal work performed under the same conditions of efficiency. It requests the Government to supply information on the practical application of the equal remuneration principle to men and women workers performing jobs of a different nature, but of an equal value, both with regard to the public and the private sectors.
2. The Committee refers to the Bill concerning real equality for women which was pending before the Legislative Assembly. The Committee has no information indicating whether this Bill has yet been adopted. It therefore recalls that in its 1989 comments under Convention No. 111, it noted that the Bill contained no provisions guaranteeing equal remuneration for men and women for work of equal value, and expressed the hope that this principle would be included. Please indicate the current status of the Bill.
3. The Committee notes the information supplied by the Government on the system for fixing minimum wages. It requests the Government to supply information on the application of the equal remuneration principle to men and women workers who are remunerated above the minimum wage level, both in the public and the private sectors.
4. The Committee notes with interest from the Government's report that there exists a national classification of jobs which is used as a starting point for fixing wages in various sectors of the economy. It requests the Government to provide it with a copy of that national classification, and to inform it of the practical results thereof in the application of the equal remuneration principle. Please indicate in particular whether it was established on the basis of an objective appraisal of the jobs on the basis of the work to be performed, as suggested in Article 3 of the Convention.
5. As concerns collective agreements, the Committee has examined the extracts of certain agreements forwarded with the report. It notes that none of these extracts contains the remuneration which is to be paid. It therefore requests the Government to include such information in its next report, together with an indication of how the principle of the Convention is applied through these agreements, particularly in sectors employing a high proportion of women workers.
Point V of the report form. The Committee notes from the report that no statistics on violations of the principle of equal remuneration are available from the Labour Inspectorate. It hopes that it will be possible to furnish such statistics in the next report.