Solicitud directa (CEACR) - Adopción: 1994, Publicación: 81ª reunión CIT (1994)

The Committee notes the Government's report and the information it contains in reply to its comments.

1. The Committee recalls that under section 128 of the Labour Code, as amended by section 15 of Act No. 50 of 1990, remuneration does not include sums that are paid to the worker by the employer on an occasional basis and out of generosity (bonuses, premiums or awards) or allowances in cash or in kind that are paid to workers to carry out their jobs (costs of representation, transport or other similar expenses) or certain social benefits or customary or occasional benefits when the parties have explicitly provided that they do not constitute remuneration (food, housing or clothing, certain bonuses above the legal minimum). The Committee notes that according to the interpretation of the above-mentioned provisions given by the Supreme Court of Justice on 12 February 1993, premiums, bonuses or awards, the reimbursement of costs and allowances in kind do not constitute wages in the legal sense, but are none the less benefits arising out of employment. The Committee points out that the principle of equal remuneration for men and women laid down in the Convention means not only the wage or salary but also any additional emoluments (Article 1 of the Convention). The Committee would therefore be grateful if the Government would indicate how it guarantees the practical application of this principle to elements of remuneration other than the ordinary, basis or minimum wage or salary, in accordance with the Convention.

2. In its previous comments, the Committee also noted that section 143 of the Labour Code provides that "equal wages shall be paid for equal work performed in the same job, with the same working time and under equal conditions of efficiency", which does not appear to be able to be construed so as to cover equal remuneration for work of equal value, as provided for in the Convention. The Committee notes that Decree No. 1398 of 3 July 1990 protects women against all discriminatory practices and, in particular, provides (section 9(e)) that equality in employment includes, amongst other things, equality of remuneration, benefits and any assessment of performance of work. The Government states that wages are fixed on the basis of the tasks performed regardless of whether the work is done by a man or a woman.

The Committee points out that by requiring jobs to be compared in terms of their value, the Convention goes beyond the concept of "same" or "similar" work. It asks the Government to refer to its 1986 General Survey on Equal Remuneration, particularly paragraphs 44 to 78 in which it explains the concepts of equality. It hopes that the Government will take the necessary measures to ensure that section 143 of the Labour Code is amended and lays down explicitly the principle of equal remuneration for work of equal value, in order to bring it into conformity with the Convention on this point.

3. With regard to methods of evaluating tasks in order to determine wages, particularly in large enterprises, the Committee notes that, according to the Government, the criteria taken into account are length of service, improvement of occupational skills and output. The Committee draws the Government's attention to paragraph 54 of the above-mentioned General Survey in which it points out that while such criteria (relating to performance appraisal), are not discriminatory in themselves as a basis for wage differentiation, they must be applied bona fide. The Committee asks the Government to indicate how it ensures that these methods for assessing tasks are not applied in a discriminatory manner and to provide copies of collective agreements in sectors of activity employing a large number of women workers.

4. The Committee notes the information supplied on the public service and Decree No. 11 of 7 January 1993 fixing the public service wage scales. It notes that although there are women at all levels, there are fewer women than men except in administrative jobs. The Committee notes that a Bill is being prepared on the promotion of women particularly in employment. It asks the Government to keep it informed of the progress of the above Bill in its reports on the application of Convention No. 111.

5. The Committee notes that the Government again states that the "Direccíon de Vigilancia y Control" and the labour inspection services are empowered to monitor and supervise the observance of legal provisions, and that the National Wages Council is a tripartite body. It also notes that above-mentioned Decree No. 1398 (sections 14 and 15) provides for the establishment of a coordination and supervision committee to monitor the strict application of its provisions. The Committee would be grateful if the Government would supply information on the activities of the "Direccíon de Vigilancia y Control" and the labour inspection services which concern the Convention (infringements recorded, penalties imposed and court decisions, if any) and on the activities of the new Committee insofar as they concern the application of the principle of the Convention.