Demande directe (CEACR) - adoptée 1990, publiée 77ème session CIT (1990)

The Committee notes the information supplied by the Government in reply to its previous direct request.

1. The Committee notes that work in the agricultural sector is covered by the provisions of the Labour Code (as amended in 1983), by the Regulations made under the Code, and by Decree No. 1382 of 8 December 1986.

2. In its previous direct request the Committee noted that article 87 of the Constitution guarantees equal wages for equal work, and that under section 73 of the Labour Code the determination of the amount of wage in each job category takes into account the quantity and quality of the work, with the understanding that equal wages shall apply where equal work is carried out in a workplace, when the working day and the conditions of efficiency are also equal, without any differences on the basis of sex or nationality. It then observed, referring to paragraphs 44 to 65 of its 1986 General Survey on Equal Remuneration, that under the Convention the principle of equal remuneration is to apply not only to identical or similar work performed by men and women, but also to work of a different nature but of equal value. The Committee requested the Government to supply information (including copies of any court decisions) defining or illustrating the scope of the concept of "equal work" in section 73 of the Labour Code, as well as concerning the manner in which equal "conditions of efficiency" were being determined.

In its reply, the Government states that the experiences in fixing remuneration for work of equal value have been particularly significant in collective bargaining and in the public sector, although systematic information was not yet available and courts have made no decisions in this connection. The Committee notes this information. It has examined the collective agreements communicated with the Government's report, which cover security guards in the federal district and the State of Miranda, and the construction industry (which includes a job classification system). Given, however, that these sectors of activity concern by and large only the male workforce, the Committee requests the Government to include in its next report detailed information on the practical application of the principle of equal remuneration for work of equal value, in particular with regard to workers not covered by collective agreements, and with regard to men and women workers who are being paid above the minimum wage level. The Committee also requests the Government to communicate, with its next report, copies of collective agreements in industries which employ a large proportion of women workers and also to indicate the measures adopted to promote an objective appraisal of jobs on the basis of the work to be performed.

3. With regard to the public service, the Committee notes from the information provided by the Government that under the legislation in force there are no wage supplements other than the marriage allowance payable under the Social Security Act, and that in some sectors (such as the universities and other forms of education) collective agreements provide that wage supplements are paid without distinction on the basis of sex. The Committee once again requests the Government to supply a copy of the Job Classification Manual for the public sector, which was not received with the Government's report.

4. The Committee notes the Government's statement that the labour inspection is entrusted with the application of the equal remuneration principle, and that the National Costs, Prices and Wages Board issues recommendations based on equality with respect to wages. It requests the Government to provide information on the practical measures taken by these bodies to promote the application of the principle of equal remuneration for work of equal value on the basis of an objective appraisal of jobs.