Observation (CEACR) - adoptée 2009, publiée 99ème session CIT (2010)

Wage boards and the promotion of the principle of the Convention through collective bargaining. In its previous comments, the Committee noted that according to the Inter-Union Assembly of Workers – National Convention of Workers (PIT–CNT), wage board decrees still contain discriminatory criteria, such as the female form of names for certain activities, and 85 per cent of these decrees contain no general clauses on equality. It indicated that these are the instruments most often and directly used by workers, in particular at trade union level, and that the incorporation into such decrees of the principle set forth in the Convention would constitute an important means of dissemination and awareness raising. The PIT–CNT also indicated that women are under-represented on the wage boards mentioned.

The Committee notes with interest the information provided by the Government that steps have been taken with regard to the comments indicated and it notes, in particular, that the Tripartite Commission on Equality of Opportunity and Treatment in Employment (CTIOTE) unanimously decided to include an equality clause in the wage board round. Under this clause, which is included in collective agreements, the parties agree to promote compliance with the ILO Equal Remuneration Convention, 1951 (No. 100), the Maternity Protection Convention (Revised), 1952 (No. 103), the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), the Workers with Family Responsibilities Convention, 1981 (No. 156), and the MERCOSUR Social and Labour Declaration. According to the report, for the purposes of implementing this clause, a series of conditions have been proposed, including the principle in the Convention of equal remuneration for work of equal value. The Government also indicates that although women are under-represented on the wage boards, each delegation (Government, employers and workers) selects its own representatives and the only delegation which has a majority of women (70 per cent) is the Government. The Government also indicates that the terminology used does not affect the principle of equality but that the government representatives on the wage board will be instructed to modify the terminology which is regarded as discriminatory. The Committee wishes to stress that the use of the female form of names for certain activities may hinder the full application of the principle of the Convention because it contributes to the maintaining of certain stereotypical assumptions regarding the role of women in the labour market. As highlighted by the Committee in its general observation of 2006, this may result in the segregation of women in certain jobs as well as in the undervaluation of the jobs predominantly or exclusively performed by them. The Committee therefore asks the Government to take steps to ensure that the discriminatory terminology in the wage board decrees is amended and asks it to provide information in this regard. The Committee asks the Government to provide information on the impact of the inclusion of the equality clause in collective agreements, in particular, with regard to the principle of equal remuneration for men and women for work of equal value. It also asks the Government to continue providing information on the representation of women on wage boards and on any steps taken by the Government and by the social partners to increase the representation of women on wage boards.

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