Demande directe (CEACR) - adoptée 1992, publiée 79ème session CIT (1992)

The Committee notes the information supplied by the Government in its last report.

1. The Committee notes that, under the terms of section 128 of the Substantive Labour Code, as amended by 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, such as occasional premiums, bonuses or rewards, or the allowances in cash or in kind that are paid to workers to carry out their jobs, such as the costs of representation, means of transport or other similar expenses, and also certain social benefits or customary or occasional benefits, when the parties have explicitly provided that they do not constitute remuneration, such as food, housing or clothing, holiday bonuses above the legal minimum and holidays for service or Christmas. The Committee points out that in accordance with Article 1, paragraph (a), of the Convention, the term "remuneration" includes the wage or salary and any additional emoluments whatsoever payable directly or indirectly, whether in cash or in kind, by the employer to the worker and arising out of the worker's employment. The Committee hopes that the Government will take the necessary measures to bring section 128 of the Substantive Labour Code into conformity with this provision of the Convention and that it will supply information in its next report on the progress achieved in this respect.

2. In its previous comments, the Committee requested information on the application of section 143 of the Substantive Labour Code, which 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".

The Committee notes the ruling by the Supreme Court, referred to by the Government in its report, under which it appears that section 143 of the Substantive Labour Code may not be interpreted in such a way as to cover equal remuneration for work of equal value, as provided for in the Convention. The Committee therefore hopes that the Government will be able to take the necessary measures to amend section 143 of the Substantive Labour Code so that it provides for equal remuneration for work of equal value.

3. The Committee once again requests the Government to supply detailed information in its next report on the methods used in job evaluation systems in large enterprises, and on how the principle of equal remuneration is applied in practice to men and women workers who are paid above the minimum wage level. In this respect, the Committee would be grateful if the Government would supply copies of collective agreements concluded in sectors of activity that employ a large number of women workers.

4. The Committee notes that Decree No. 1042 of 1978 (7 June) establishes the system for job titles and classification in the public services and that Decree No. 050 of 1981 sets out the remuneration rates for jobs in the public service. The Committee requests the Government to indicate the types of jobs in which women are employed in the public service and the number and proportion of women at the various levels.

5. The Committee notes that the Dirección de Vigilancia y Control and the labour inspection services are empowered to monitor and survey the observance of legal provisions. The Committee requests the Government to supply statistics on the number of contraventions reported under section 143 of the Substantive Labour Code and the sanctions imposed.

6. In its previous comments, the Committee noted that the representative organisations of employers and workers form part of the National Wages Council, permitting them to cooperate in the decision-making process with regard to wages. The Committee once again hopes that the Government will continue to provide information on the progress achieved in giving effect to the provisions of the Convention through cooperation with employers' and workers' organisations.