Equal Remuneration Convention, 1951 (No. 100) - Ecuador (Ratification: 1957)

Direct Request (CEACR) - adopted 2025, published 114th ILC session (2026)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on equality and the elimination of violence and harassment, the Committee considers it appropriate to examine the Conventions Nos 100 (equal remuneration), 111 (discrimination in employment and occupation), 156 (workers with family responsibilities) and 190 (violence and harassment) together.

The Committee notes the observations of Public Services International (PSI) and the United Front of Workers (FUT, received on 2 September 2025, and the Government’s reply.

Part I. Conventions Nos 100 and 111

Convention No. 111 – National policy to promote equality of opportunity and treatment in respect of employment and occupation

Articles 2, 3 and 5. National gender equality policy. The Government has provided information on: (1) training measures for women’s entrepreneurship (the “Let’s learn with inclusion and without discrimination” programme, with specialization in entrepreneurship and managerial techniques, and incentives for business plans; and the BanEcuador Financial Education Programme for the development of initiatives and access to financial products); (2) measures in the context of the “Purple Economy” Public Policy to facilitate women’s access to credit in the popular and solidarity economy, production credits and the financing of agro-productive activities through the “Super Rural Woman” programme; and (3) the award of the “Safe enterprise free from violence and discrimination against women label” to 92 enterprises between 2022 and 2025. The Committee also notes that, according to the 2024 National Employment, Underemployment and Unemployment Survey (ENEMDU), the “appropriate employment” rate was 41.4 per cent for men and 28.4 per cent for women. In this regard, the Committee notes that the National Gender Equality Agenda (ANIG) 2021–25 provides, among others, for measures to ensure the access of diverse women to full employment, credit and financial services, means of production, commercial networks, technology and ICTs. The Committee also notes the requirement for all enterprises to register their equality plans with the Ministry of Labour. The Committee welcomes the efforts made by the Government and requests it to continue providing information on the measures adopted to promote gender equality in employment and occupation, including within the framework of the ANIG 2021–25 and the adoption of enterprise equality plans, and on any developments in the employment rates of men and women.

National equality policy. Afro-Ecuadorian, indigenous and Montubio peoples. The Government refers to the ENEMDU 2024, according to which the ethnic group with the highest unemployment rate was Afro-Ecuadorians, followed by the mestizo population (10.2 and 4 per cent, respectively), while the Montubio and indigenous peoples were the groups with the lowest rates of “appropriate employment” (21.2 per cent and 13.9 per cent, respectively). The Committee requests the Government to provide detailed information on any measures envisaged or adopted, including within the framework of equality agendas, to promote the equality in employment and occupation of Afro-Ecuadorian, mestizo, indigenous and Montubio peoples.

HIV/AIDS. The Committee notes the information provided by the Government on the organization by the Ministry of Labour of awareness-raising workshops on the labour rights of groups requiring priority attention and/ or vulnerable groups. The Committee requests the Government to provide detailed information on the inclusion of subjects relating to discrimination on grounds of HIV/AIDS in the awareness-raising measures undertaken.

Convention No. 100 – Principle of equal remuneration for men and women for work of equal value

Articles 1 to 3. Objective appraisal of jobs. Minimum wage-fixing machinery. The Committee welcomes the information provided by the Government on minimum wages, and particularly: (1) the plan to include objective appraisals with a gender perspective in future processes for the revision of sectoral minimum wages, taking into consideration the potential concentration of women at certain occupational levels; (2) its willingness to receive ILO technical assistance for the development of analytical methodologies for the classification of jobs from a gender perspective and the strengthening of institutional capacity for the regular evaluation of wages. The Committee notes that PSI and the FUT refer to a lack of clarity of procedures for the objective appraisal of jobs and indicate that, as section 5 of the Basic Act on equal wages for women and men refers to assessment factors, there is no further development of sub-factors or the procedure to be applied. In response, the Government emphasizes that it is planned to establish a sectoral working group on equal wages for women and men and that the objective appraisal of jobs will be carried out on the basis of training and awareness-raising measures on the value of jobs and through the complaints made in this regard. The Committee refers in this respect to the ILO guide “Promoting equity: Gender-neutral job evaluation for equal pay: A step-by-step guide”. The Committee requests the Government to provide information on any measures envisaged or adopted for: (i) the incorporation of the objective evaluation of jobs in the determination of minimum wages, taking into consideration the comments below on the National Labour and Wage Council (CNTS); and (ii) through the sectoral working group, the provision of detailed guidance to employers and workers on the process of the objective evaluation of jobs that is under consideration in line with the legislation that has been adopted.

Conventions Nos 100 and 111 – Application in practice

Article 4 of Convention No. 100. Cooperation with workers’ and employers’ organizations. With reference to the participation of the social partners, the Government refers to the National Labour and Wage Council (CNTS) as a key institutional space for the promotion of the principle of equal remuneration, and that the CNTS will participate formally in the Sectoral Working Group on Equal Wages (established in 2025), to which specialized technical support is being provided to strengthen public policies for the eradication of gender pay discrimination and the development of criteria for the determination of remuneration. The Committee also welcomes the fact that, under Ministerial Decision No. MDT-2025-084, gender parity is taken into account in the nomination and election of members of the CNTS and the social dialogue working groups that it establishes. The Committee refers in this respect to its request to ensure that all the most representative organizations of employers and workers can be members of the CNTS, as indicated in its comment on the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144). The Committee requests the Government to provide information on any support or assistance provided to the Sectoral Working Group on Equal Wages with a view to the application of the Convention.

Enforcement. Conventions Nos 100 and 111. The Government has provided information on: (1) the measures adopted by the Ministry of Labour to inform employers and workers of the rights, duties and prohibitions set out in labour law; (2) training for labour inspectors on equal remuneration and the objective appraisal of jobs with a view to detecting unjustified wage differences in contexts in which men and women are in different jobs, but perform work of equal value; and (3) between 2023 and 2025, 49 complaints were received on labour discrimination in the public sector (31 made by women and 18 by men), of which 48 were shelved. The Committee notes with interest that the Basic Act on equal pay for women and men of 2024 and its Regulations (Ministerial Decision MDT-2025-006) establish various requirements and complaint procedures, compliance with which is ascertained through the delivery of a compliance certificate. The Committee requests the Government to indicate whether, in view of the high number of complaints that have been shelved, it is envisaged to hold consultations with the most representative employers’ and workers’ organizations for the identification of potential challenges and difficulties in making and supporting complaints of discrimination in employment and occupation. The Committee also requests the Government to provide information on the compliance certificates issued under Decision MDT-2025-006. It further requests the Government to provide information on: (i) the number of cases of discrimination in employment and occupation dealt with by the competent authorities, where possible disaggregated by the grounds of discrimination invoked; (ii) the cases relating to wage discrimination or the failure to comply with the requirements set out in the Basic Act of 2024; and (iii) the outcome of the investigations carried out and the penalties applied.

Part II. Convention No. 156

Articles 1 and 3. Definition of dependent child and other family members. The Government has provided information on the categorization by age, filiation and kinship set out in sections 21 to 26 of the Civil Code, as well as elements such as parental responsibility, guardianship and tutorship, shared parental responsibility and the duties of parents in determining the dependent relationship. The Committee also notes that: (1) the Basic Act on the right to humane care (LODCH) of 2023 refers to care responsibilities in relation to “sons and daughters, direct dependants, other members of the direct family composed of various types of families who clearly require care or protection”; (2) the Basic Act on persons with disabilities (LOPD) of 2025 recognizes persons who are “direct substitutes”, “substitutes out of human solidarity” and “carers” according to the degree of family relationship and the level of disability of the person receiving care; and (3) certain measures relating to leave and flexibility set out in the following paras relate to care of the spouse, partner and relatives to the fourth rank of blood relations or the second rank of kinship, particularly in cases of persons with severe disabilities or catastrophic illness. The Committee notes this information, which responds to its previous request.

Article 3. National policy. The Committee notes the information provided by the Government on the measures adopted by the National Gender Equality Council (CNIG) and the Ministry of Labour for the dissemination and capacity-building on the National Agenda for Women and Gender Equality (ANIG) 2014–17 and to raise awareness of labour rights with a gender perspective in the context of the National Well-being Plan 2013–2017. The Government also refers to the adoption of subsequent national agendas, and the Committee notes that the ANIG 2021–25 establishes action lines to guarantee services and promote shared responsibility in the exercise of the right to care, including in the labour context, with objectives set for 2025. In this regard, the Committee notes with interest the various types of progress made at the legislative level: (1) the LODCH recognizes the “right to humane care” in the labour context and provides, among other measures, for the eradication of any type of discrimination against persons working in the public and private sectors who provide care in all its forms; (2) the Technical Standard on gender mainstreaming (2024) includes the reconciliation of personal, family and working life in internal institutional policies; and (3) the LOPD prohibits any discrimination against the family, substitute or carer of a person with disabilities. The Committee requests the Government to provide information on any evaluation of the results of the ANIG 2021–25 and the recently adopted legislation in promoting shared responsibility and preventing discrimination on grounds of family responsibilities, and on the manner in which they have been taken into consideration in the preparation of the ANIG 2025–29, that is currently under preparation.

Articles 4(a) and 7. Access tovocational guidance and training. The Government indicates that the vocational training and guidance measures adopted to enable workers with family responsibilities to be integrated or re-integrated into the labour force include further training programmes, inclusive vocational development centres, personalized vocational guidance services and skills and training workshops. The Government adds that other measures, such as the promotion of teleworking and flexible working, are contributing to helping workers with family responsibilities remain in their jobs. The Committee once again requests the Government to provide statistical data, disaggregated by sex, on the number of workers with family responsibilities who are benefiting from vocational guidance and training measures and programmes.

Article 4(b). Equality of opportunity and treatment in terms and conditions of employment and social security. Leave, flexible working arrangements and social security benefits. The Committee notes the statistical data provided by the Government on the public sector. It notes the recent amendments to the Labour Code (sections 152, 152.1, 152.2 and 155) and the LOSEP (sections 27, 28 and 33) increasing paternity leave to 15 days, adoption leave to 30 days, unpaid leave for childcare to 15 months and the reduction of working hours for breastfeeding mothers from 12 months from confinement to 15 months from the end of maternity leave. The Committee also notes: (1) paid leave of from three to eight days for domestic emergencies and the reduction of working hours for the care of family members with severe disabilities or catastrophic illness, and for the registration of children in education establishments (LOSEP, sections 27 and 33); (2) the protection of remuneration in the event of unjustified fault at work caused by a domestic emergency or force majeure (Labour Code, section 54); (3) support for the labour market integration of carers, and the right of substitute persons or carers to leave for two hours a day for the care of persons with disabilities (LOPD, sections 10, 11 and 58); and (4) various measures relating to shared responsibility for the financial transfer of State vouchers and financial assistance. The Committee notes that: (1) PSI and the FUT indicate that nursing leave is only provided for the mother (without the father being able to benefit from it in the event of the decease of the mother); (2) the trade unions and the Government’s reply refer to the provision of nursing rooms and child care services in the public and private sectors (sections 26 and 27 of the LODCH, MDT-2023-085 and MSP-2024-002). The Committee requests the Government to indicate whether: (i) in its new wording, section 152.2 of the Labour Code continues to provide that adoption leave is paid; and (ii) it is envisaged in future to amend the legislation to harmonize the leave and guarantees provided for in the public and private sectors in relation to sections 27 and 33 of the LOSEP and section 54 of the Labour Code and to continue promoting the sharing of family responsibilities. The Committee once again requests the Government to provide information on the number of men and women workers who avail themselves of the various types of leave and who have access to nursing facilities and childcare at the workplace.

Article 5. Services and facilities for the care of children and other family members. The Government has provided information on the number of beneficiaries of the services provided by Comprehensive Child Development Centres (CDIs) (care for children aged from one to three years) and the Growing with our Children Family Care Service (CNH) (family advisory services and care for children up to the age of three and for pregnant women). The Committee also notes that, according to the 2022 data on the provision of care services contained in the ANIG 2021–25: (1) there were 53.1 per cent of women users and 46.9 per cent of men users; (2) a high percentage of the population in categories requiring priority care do not have access to these services, and it is essential to extend their coverage within the framework of a comprehensive system based on the shared responsibility of the State, private enterprises and society in general; and (3) women are those who principally taken on the work of caring and sustaining life. The Committee notes in this regard that the LODCH (7th Title) and the ANIC 2021–25 (action line 1.1) envisage the establishment of an Integrated National Care System. The Committee welcomes the efforts made by the Government and requests it to continue providing information on the measures adopted to provide and expand the coverage of services for the provision of child care and for other persons in need of care, including within the framework of the Integrated National Care System. It also requests the Government to indicate whether it is planned to carry out a study on the impact of the services provided on the labour market integration of women and men with family responsibilities.

Article 6. Public understanding of the principle. The Government indicates that: (1) according to the Use of Time Survey (2012), the gap in unpaid work between women and men was over 20 hours a week; (2) the Ministry of Labour has organized workshops on labour rights from a gender equality perspective, with emphasis on priority needs groups and/or vulnerable groups; (3) the CNIG and CONADIS have carried out various technical assistance, training and research activities and the publication of materials; and (4) efforts are being made through care-givers committees (CPRCs) to raise awareness and empower carers and the families of persons with disabilities. The Committee also notes that the LODCH provides for measures for the promotion of the right to care (section 35). The Committee requests the Government to continue providing information on the measures adopted or envisaged to provide information and raise awareness of the principle of equality for men and women workers with family responsibilities.

Article 8. Termination of employment. The Government has clarified that the protection against discrimination related to productive roles also covers men. It refers in this regard to various legislative provisions, including: (1) section 152.1 of the Labour Code, under which a mother or father who avail themselves of paid or unpaid leave for child care cannot be dismissed on these grounds; and (2) the LODCH (sections 12 and 14) and the LOPD (section 58) refer to the prohibition of dismissal and reinforced employment protection. The Government indicates that in 2024 and 2025 six comprehensive inspections were carried out to verify the legislation on the protection of pregnant women, without identifying instances of non-compliance. The Committee requests the Government to continue providing information on any cases or investigations relating to the dismissal of workers for reasons of family responsibilities that have been dealt with by the competent authorities.

Articles 9 and 11. Participation of employers’ and workers’ organizations in the application of the Convention. The Government indicates that the participation of employers’ and workers’ organizations is ensured through prior consultation and social dialogue, technical commissions and specialized working groups, collective bargaining and the participation of these organizations in monitoring and evaluation mechanisms. It also refers to the inclusion of criteria relating to the reconciliation of work and family life and the award of the “Safe Enterprise Label” to enterprises which apply for it. The Committee notes that PSI and the FUT emphasize a lack of collective bargaining on the matters covered by the Convention, although they refer to the participation of trade unions in the formulation of the Basic Act to revise the Labour Code to dignify work at home, of 2025, which establishes guarantees for care of the children of homeworkers and will be supervised by the CNTS. The Committee requests the Government to provide information on any consultation, awareness-raising or negotiation measures adopted to ensure the participation of employers’ and workers’ organizations in the application of the Convention.

Application in practice. The Government has provided information on the activities carried out by various national equality councils for the implementation of equality and non-discrimination policies. It indicates in particular that the CONADIS participates in inspections with the Ministry of Labour to monitor the conditions of work of “substitute” persons covered by the LOPD. The Government also provides information on the case law on the rights of pregnant and nursing women under the LOSEP (ruling of the Constitutional Court No. 3-19-JP/20 and supplementary rulings) and the fact that entitlement to maternity leave is not cancelled by the death of the child (ruling of the Constitutional Court No. 878-20-JP/24). The Committee notes that PSI and the FUT place emphasis on the absence of application in practice of the use of leave and the shortage of care services. The Committee requests the Government to provide information on any cases of non-compliance with the relevant requirements for the application of the Convention identified by the labour inspection services or the competent authorities, and the penalties applied in such cases.

Part III. Convention No. 190

General. Legal framework. The Committee takes note below of the various recent legislative texts on violence and harassment at work, including Ministerial Decisions Nos MDT-2025-102 (Standard for prevention and response in any case of discrimination, violence and harassment at work in the private sector) and MDT-2025-093 (Standard for the prevention, protection and punishment of serious disciplinary breaches relating to discrimination, violence and harassment at work, and sexual harassment at work, in the public sector) which repeal Decisions Nos MDT-2017-0082 and MDT-2020-244.

Articles 1, 4(2) and 7. Definition and prohibition of violence and harassment in the world of work. The Government indicates that in 2024 amendments were adopted to the Labour Code (sections 46.1 and 44) and the LOSEP (sections 23, 24, a new section following section 24 and 48) to define and prohibit “violence and harassment” in a single concept, including any type of unacceptable behaviours and practices, whether a single occurrence or repeated, that result in physical, psychological, sexual, economic, political, symbolic or digital harm, including gender-based violence and harassment or for reasons of discrimination. It also includes, as acts of violence, failure to disconnect digitally, failure to comply with hours of rest, leave, holidays, the violation of the privacy of personal and family intimacy, and changes in work assignment without the explicit and written authorization of the workers with a reduction of pay. The Committee requests the Government to: (i) indicate whether the prohibition of “violence and harassment” also applies to the worker under section 46 of the Labour Code, of which the current wording appears to refer solely to harassment in subsection (j); and (ii) provide examples, where available, of cases in which conduct has been found to amount to “violence and harassment”, in accordance with the definitions referred to above.

Articles 2 and 3. Scope of application. The Committee welcomes: (1) the adoption in 2024 of the Basic Act for voluntary action, which recognizes the right of volunteers to carry out their activities under conditions of safety, health and free from sexual and psychological violence (section 7(i)); and (2) the indication in section 46.1 of the Labour Code and the new section following section 24 of the LOSEP, as amended in 2024, that workers, public officials and other persons in the world of work shall benefit from protection against violence and harassment, irrespective of their contractual situation in both the formal and informal economy, including persons undergoing training, interns, apprentices, dismissed workers, volunteers, persons seeking employment, job applicants and subcontracted workers, and the reference to violence and harassment through technological means. The Committee notes this information, which responds to its previous request.

Article 4(2). Inclusive, integrated and gender-responsive approach. The Committee notes the Government’s indication that action has started to be taken for the incorporation of the provisions of the Convention on accessible formats and that, in this respect, the Ecuadorian Vocational Training Service (SECAP) is implementing an inclusive approach that includes an intersectional analysis of cases of harassment and discrimination at work. PSI and the FUT also refer to the participation of trade unions in the formulation of certain legislative texts, but indicate that there continues to be a lack of institutionalized consultation and tripartite social dialogue machinery in this regard. The Committee requests the Government to continue providing information on any other measures that are adopted for the application of the provisions of the Convention on accessible formats and to indicate any measures adopted for the consultation of employers’ and workers’ organizations on the approach adopted to the implementation of the Convention.

Article 8. Appropriate prevention measures. The Committee notes the various indications provided by the Government, and particularly that the Ecuadorian Vocational Training Service (SECAP): (1) has trained its technical and administrative personnel on the identification of manifestations of violence and harassment that particularly affect workers in the informal economy, persons affected by mobility, women who are poor and are engaged in unpaid work, as well as persons who work on line, on digital platforms, telework and domestic work; (2) is coordinating with other institutions to give attention to cases; (3) has protocols through which complaints can be made by users and external users related to training processes; and (4) includes in its training the prevention and response to the risks of violence and harassment on digital platforms, teleworking and work on line. The Government adds that the labour inspection services can receive and deal with complaints by workers in the informal economy and that, within the framework of their general procedures, inspectors ascertain compliance with the rights of domestic workers and workers in other priority sectors. The Committee requests the Government to continue providing information on the measures that are being adopted, outside the context of training, to prevent and provide effective protection against violence and harassment in sectors, occupations and work arrangements that may be more exposed, including any specific action carried out by the labour inspection services.

Article 9. Employers’ responsibilities. The Committee notes the amendment of various legislative provisions, and particularly: (1) the requirements established in the public and private sectors, depending on the number of workers, for the application of guidance for the prevention and eradication of violence and harassment issued by the Ministry of Labour or the adoption of an internal protocol for the prevention and eradication of discrimination, violence and harassment at work (employers with ten or more workers) and a programme for the prevention of psychosocial hazards (section 42 of the Labour Code, MDT-2025-102 and MDT-2025-093); (2) the requirement for labour inspectors to consider violence and harassment among psychosocial risk factors when evaluating workplace hazards (section 545 of the Labour Code) and for public employers to take into account violence and harassment for the identification of occupational risks (section 23 of the LOSEP); (3) training in tripartite consultation and the right of workers to be provided with training on the prevention of violence and harassment (section 23 of the LOSEP) and the requirement for employers to undertake training processes on the subjects of gender equality, including the eradication of violence at work (section 46.1 of the Labour Code, MDT-2025-006 and MDT-2025-102). The Committee notes that PSI and the FUT indicate that trade unions have a very slender role in the design and implementation of workplace policies, and that there are no provisions on the inclusion of violence and harassment by occupational safety and health bodies. The Committee requests the Government to indicate: (i) the manner in which the participation of workers and their representatives is ensured in the formulation and adoption of protocols and rules on violence and harassment in the world of work; (ii) the measures adopted or envisaged for the publication by the Ministry of Labour of the guidance envisaged for employers with fewer than 10 workers by Decision MDT-2025-102; and (iii) whether it is envisaged to adopt legislative measures to require violence and harassment to be taken into account in the management of occupational safety and health and to provide detailed guidance on the identification of risks.

Article 10(a) and (h). Monitoring and enforcement. The Committee notes the information provided by the Government on: (1) the effect given to the provisions on the suspension of work and the closure of workplaces envisaged in section 436 of the Labour Code, in accordance with section 28 of Ministerial Decision No. MDT-2024-196 of the Ministry of Labour; (2) the adoption of Occupational Safety and Health (OSH) Regulations by Executive Decree No. 255 of 2024, section 9 of which empowers the authority responsible for labour to issue orders for the immediate suspension of work. The Committee also notes that, according to the Government’s indications, complaints of violence and harassment in the private sector are dealt with through focused inspections. The Committee requests the Government to provide information on the number of cases of violence and harassment in the world of work that come to the notice of the labour inspection services and other competent authorities, as well as the penalties applied and compensation awarded.

Article 10(b) and (e). Easy access to safe, fair and effective reporting and dispute resolution mechanisms and procedures. The Committee notes that: (1) Ministerial Decisions Nos MDT-2025-102 and MDT-2025-093 establish complaint procedures for violence and harassment in the public and private sectors; (2) in these Decisions, as well as in the Labour Code and the LOSEP, as amended in 2024, the adoption of protection measures against reprisals and victimization is envisaged for complainants, victims, witnesses and informers. PSI and the FUT emphasize that in the public sector internal complaint procedures increase the risk of discretionary measures and reprisals in the case of complaints of violence and harassment. The Committee requests the Government to provide information on the application in practice of the protection measures that have been adopted in accordance with the Labour Code and the LOSEP (for example, by providing information, where available, on specific cases in which these measures have been applied). It also requests the Government to provide information on the reasons given for setting aside complaints in the public sector.

Article 10(f). Domestic violence. The Government indicates that the measures envisaged in sections 24 of the Labour Code and 33 of the LOSEP cover all “workers” in accordance with the constitutional principle of equality and that provisions were added in 2024 on paid and unpaid leave for workers recognized as parties to criminal procedures relating to feminicide and other gender-related violent deaths in order to fulfil administrative or judicial procedures. The Committee requests the Government to provide information, where available, on the number of women and men who have availed themselves of the right to leave in relation to domestic violence.

Article 10(g). Right of workers to remove themselves from work situations and the duty to inform management. The Committee once again requests the Government to indicate whether, in the event that they remove themselves from a work situation due to risks of violence and harassment, the workers concerned have the duty to inform management.

Article 11(a). Addressing violence and harassment in relevant policies. The Committee notes the information provided on the measures envisaged in the National Agendas 2021–25. The Committee requests the Government to provide information on any evaluation that is carried out of the measures adopted and results achieved in relation to the prevention and elimination of violence and harassment in the world of work through the various National Agendas and the consideration given to them in the preparation of future policies.

Article 11(b) and (c). Guidance and training tools and awareness-raising campaigns. The Committee welcomes the detailed information provided by the Government on the training carried out by various ministries on the gender perspective, occupational safety and health and the prevention of psychosocial risks and harassment at work, the prevention of violence against women, protocols for action and channels for action by enterprises, teachers, the personnel of decentralized government authorities and military and police personnel. Information is also provided on the means of facilitating access to training, the creation of the course on basic knowledge to prevent and eradicate violence against women for officials in public institutions and the emergency services, and the continuation of certification under the “Enterprise that is safe, free from discrimination against women label” in 2024 and 2025. The Committee notes this information, which responds to its previous request.

Observation (CEACR) - adopted 2025, published 114th ILC session (2026)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on equality, the Committee considers it appropriate to examine Conventions Nos 100 (equal remuneration) and 111 (discrimination in employment and occupation) together.

The Committee notes the observations of Public Services International (PSI) in Ecuador and the United Front of Workers (FUT), received on 2 September 2025, and the Government’s reply.

Convention No. 111 – National policy for the promotion of equality of opportunity and treatment in employment and occupation

Article 1, 2 and 3 (b). Prohibited grounds of discrimination. Legislation. The Committee notes the Government’s indication, in its report, that the constitutional framework guarantees non-discrimination, and that various labour laws have been adopted in this regard, including the “Basic Act Amending Various Laws in respect of Age Discrimination in the Labour System of 2025”. In this regard, the Committee notes that the Labour Code and the Basic Public Service Act address discrimination in various aspects of employment and occupation in several provisions, which explicitly recognize various grounds of discrimination, although none of them appear to be exhaustive or to exclude other possible grounds of discrimination. The Committee also notes that Ministerial Decisions Nos MDT-2025-102 (private sector) and MDT-2025-093 (public sector) prohibit discrimination on the grounds set out in Article 11.2 of the Constitution in all aspects of employment and occupation, covering: (1) explicitly discrimination on grounds of sex, religion, political affiliation and ideology (which would include political opinion) and physical differences (which would include colour); and (2) other grounds, such as ethnic origin, place of birth, age, gender identity, cultural identity, marital status, language, criminal record, socio-economic situation, migratory status, sexual orientation, state of health, HIV infection and disability, as well as any other distinction. The Committee requests the Government to provide information on the application in practice of the various legislative provisions, and in particular to indicate whether: (i) the term “socio-economic situation” covers discrimination on grounds of “social origin”; and (ii) and the terms “place of birth” and “migratory status” cover discrimination on grounds of “national extraction”.

Discrimination on the basis of sex. Sexual harassment. The Committee notes the Government’s indication that: (1) the General Regulations of the “Basic Act to Promote the Purple Economy”, adopted in 2023, define sexual harassment as “any act, whether occasional or repeated, which is intended to, or may affect the sexual integrity of a worker, public official, or any other person related to the world of work”, and recognize that it can occur during working hours or be related to work, by physical or digital means, and be vertically ascending or descending, or horizontal (the definition is also reproduced in the “Model internal protocol for the prevention and eradication of discrimination, violence and harassment at work”, published by the Ministry of Labour); and (2) section 12 of the “Comprehensive Basic Act to Prevent and Eradicate Violence Against Women” includes among the forms of violence at work against women making recruitment or retention at work conditional on favours of a sexual nature. The Committee requests the Government to provide information on the application in practice of the “Basic Act to Promote the Purple Economy”, and particularly on whether it clearly covers quid pro quo – i.e. blackmail and hostile work environment sexual harassment committed against men and women.

Convention No. 100 – Principle of equal remuneration for men and women for work of equal value

Articles 1 and 2. The principle of equal remuneration for men and women for work of equal value. Definition of “work of equal value”. The Committee notes with interest the Government’s indication concerning the adoption of the “Basic Act on Equal Wages for Women and Men” in 2024, which sets out the principle of equal remuneration for men and women for the performance of the same work or work of equal value in the public and private sectors (section 1). The Committee notes that, in accordance with the Act, work is considered to be of “equal value” “where the nature of the functions or tasks assigned, the occupational conditions or training required for its performance, factors strictly related to its performance and the working conditions in which such activities are carried out are equivalent” and that, to determine the “value”, the criteria of skills and qualifications, working conditions, effort and responsibility shall be taken into consideration (section 3). The Committee also notes that section 79 of the Labour Code, as amended in 2023, contains similar provisions. The Committee refers in this respect to the ILO publication “Equal pay: An introductory guide”. The Committee welcomes the legislative progress made by the Government and requests it to confirm that section 3 of the “Basic Act on Equal Wages for Women and Men” provides for the comparison of jobs that are of a completely different nature. It requests the Government to provide information on any promotional and awareness-raising measures that have been taken on the content of the Basic Act.

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

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Articles 1 to 4 of the Convention. Gender pay gap. The Committee welcomes the efforts made by the Government to provide information in its report with indicative data on average wages, disaggregated by sex, geographical area, ethnicity and occupational group, for the period between 2019 and July 2022. The Committee observes that the information provided indicates that during the period between December 2019 and July 2022, the gender pay gap increased: (1) at the national level, from 15.3 per cent in December 2019 to 19.3 per cent in July 2022; (2) in urban areas, from 15.9 per cent to 20.7 per cent; and (3) in suburban areas, from 27.6 per cent to 29.2 per cent. The Committee also observes that, according to the information provided, there is still a significant pay gap between men and women between persons of different ethnic origins and occupational groups, and that the wage gap between men and women in the informal economy fell from 42.2 per cent to 38.6 per cent.

Article 3. Objective appraisal of jobs. Minimum wages. With reference to its previous comments on the measures taken to ensure that the determination of minimum wages for the various sectors (domestic work, craft industry, microenterprises) is free from gender stereotypes, the Committee notes the Government’s indication that minimum sectoral wages are determined without discrimination on grounds of gender because they use an objective methodology based on five occupational levels: leadership, supervision, operation, assistance and support. The Government adds that, with a view to promoting dialogue and the inclusion of the social partners in decision-making, there is tripartite representation of workers, employers and the authorities. The Ministry of Labour issues the respective ministerial decisions annually which establish the unified basic wage, and sectoral minimum wages for workers in the private sector.

With regard to both issues, the Committee notes the concluding observations of the United Nations Committee on the Elimination of Discrimination against Women (CEDAW), in which it recommends strict enforcement of “the principle of equal pay for work of equal value, in order to narrow and ultimately close the gender pay gap, by regularly reviewing wages in all sectors, applying gender-sensitive analytical job classification and evaluation methods and conducting regular labour inspections and pay surveys” (CEDAW/C/ECU/CO/10, 24 November 2021, paragraph 32(f)). In light of the above, the Committee considers that, with a view to being able to take the appropriate measures to reduce the gender wage gap, it would be useful for the Government, together with the representative organizations of workers and employers, to undertake a detailed study of the statistics provided and the measures that could be adopted to remedy pay gaps. The Committee requests the Government to provide information on the measures adopted to reduce the gender pay gap and to continue providing updated statistical data. It also requests the Government to indicate whether, when carrying out the objective evaluation and establishing the five occupational levels to which it refers, the possible predominant presence of men or women in any of the occupations referred to was taken into account. The Committee considers that this exercise could provide a basis for determining whether lower minimum wages are established in sectors where women are predominant. The Committee reminds the Government that it may have recourse to ILO technical assistance in this respect.

Article 4. Cooperation with the social partners. The Committee notes the information provided by the Government on the functioning of the National Labour and Wage Council (CNTS), an advisory tripartite technical body of the Ministry of Labour which is responsible for social dialogue on wage, labour and employment policies, of which annual meetings are held with the participation of representatives of employers, workers and the authorities. The Committee requests the Government to indicate whether, within the context of the CNTS, it is planned to take measures to give effect to the principle of equal remuneration for men and women for work of equal value.

Labour inspection. The Committee notes the Government’s indication that during inspection procedures no cases have been detected of non-compliance with the principle of equal remuneration for men and women workers, as set out in the Convention. In view of the difficulties that may be faced in practice in identifying cases of discrimination in relation to equal remuneration for men and women for work of equal value, particularly when men and women do not perform the same work, the Committee requests the Government to provide information on the training received by labour inspectors to strengthen their capacities to prevent, detect and resolve such cases.

Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

Articles 1(b) and 2(2)(a) of the Convention. Equal remuneration for work of equal value. Legislation. With reference to the need to give full expression in law to the principle of equal remuneration for men and women for work of equal value, the Government indicates in its report that: (1) it is aware that fundamental changes are needed in the field of labour legislation in general; (2) a national debate has been launched in the context of the National Opportunities Plan 2021–25, with the participation of civil society, workers, employers and academics, with a view to developing consensus proposals for reforms to the current Labour Code, including section 79, to reflect the provisions of the Convention and refer to work of “equal value” or, if not, develop proposed legislation that strengthens the field of labour and also includes non-restrictive precepts; and (3) throughout this process the legislative authorities play a fundamental role in formalizing these aspirations. The Committee welcomes the Government’s disposition to take the necessary legislative measures to give effect to the request that it has been making for many years. While noting the difficulties involved in making an amendment to a Labour Code, the Committee recalls that, as recognized by the Government, it is necessary to amend section 79 of the Labour Code as it contains a more restrictive definition than the principle established by the Convention. The Committee trusts that the necessary legislative measures, including going beyond the reform of the Labour Code, will be adopted in the near future to give full effect to the principle established in Article 1(b) of the Convention, which refers to work of “equal value”.

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

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Gender pay gap. The Committee notes the Government’s report on the application of the Beijing Declaration and Platform for Action of 1 May 2014, in which the Government indicates that although there are now more female students in higher education, women are concentrated in typically “female” careers. The Committee also notes the information sent by the Government on the pay gap but observes that the data indicating average income are undated, which makes it impossible to determine whether there have been any new developments regarding the pay gap. Nevertheless, the Committee notes the Government’s indications that the gender pay gap is 16 per cent at national level, 19.7 per cent in urban areas and 25.2 per cent in rural areas. The Committee also observes that the pay gap decreases as the level of education rises. Accordingly, it can be seen that at national level, for individuals who have not completed primary schooling, the gender pay gap is 42.7 per cent, and for those who have completed higher education, the pay gap is 21.3 per cent. The Government also indicates that there is a 14 per cent gender pay gap in the informal economy. The Government further indicates that in 2014 the Ecuadorian Training Service provided 9,774 vocational training courses for 155,895 participants in the social, productive and public sectors. With regard to these course participants, women accounted for 57 per cent in the social sector and 54 per cent in the productive sector. However, the Committee observes that the data supplied concerning the respective training courses indicate the academic area but are not disaggregated by sex, which makes it impossible to determine whether there is gender segregation in the course participation. Recalling that information is needed to be able to identify trends in the gender pay gap and the impact of the measures taken by the Government to reduce it, the Committee requests the Government to continue supplying information on remuneration levels for men and women in the various sectors of activity, disaggregated by sex, by occupational category and, as far as possible, by colour and race, so that the Committee can evaluate the progress achieved. The Committee also requests the Government to supply information on the measures taken to promote the employment of women in a broader range of sectors and occupations. It further requests the Government to indicate the measures taken to reduce the gender pay gap, especially for women who have not completed primary education.

Article 2 of the Convention. Promotion of the principle of the Convention. The Committee notes that the Government signed a Memorandum of Understanding with UN Women with a view to gender mainstreaming in all its employment actions and policies aimed at the prevention of discrimination and promoting access for women to the world of work. The Committee requests the Government to continue supplying information on the measures, policies and programmes adopted to promote application of the principle of equal remuneration for men and women for work of equal value in the public and private sectors.

Article 3. Objective job evaluation. The Committee notes the Government’s indication that in 2010 the Ministry of Labour implemented a competitive wage scheme with wage equity in different sectors. The Government indicates that, as a result, “general workers”, domestic workers, craft industry workers and workers in micro-enterprises are paid the same wages. The Committee requests the Government to indicate how this equity was attained and what evaluation criteria were used as the basis for fixing these wages without any gender-related discrimination. The Committee also requests the Government to supply information on the manner in which the use of objective job evaluation methodologies is promoted with a view to determining wages in the private sector, in accordance with the Convention.

Article 4. Cooperation with the social partners. The Committee requests the Government to provide information on the measures taken in collaboration with workers’ and employers’ organizations to give effect to the principle of equal remuneration for men and women for work of equal value.

Labour inspection. The Committee requests the Government to provide information on any violations of the principle of the Convention identified by the labour inspection services.

Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

Article 1(b) of the Convention. Equal remuneration for work of equal value. Legislation. The Committee notes with regret that for more than 20 years it has been referring to the need to amend section 79 of the Labour Code providing for equal remuneration for equal work, which is more restrictive than the principle set out in Article 1(b) of the Convention, which refers to work of “equal value”. The Committee observes that the Government has not sent any information on the progress made with respect to the adoption of the new Labour Code. The Committee recalls that the concept of work of equal value lies at the heart of the fundamental right of equal remuneration for men and women and the promotion of equality. It is key to tackling occupational sex segregation in the labour market, as it permits a broad scope of comparison including, but going beyond, equal remuneration for “equal”, “the same” or “similar” work, and also encompasses work of an entirely different nature which is nevertheless of equal value. With a view to overcoming occupational segregation, the application of the principle set out in the Convention is not confined to a comparison between men and women in the same establishment or enterprise, but also allows a much broader comparison between the jobs performed by men and women in different workplaces or enterprises, or between different employers (see General Survey on the fundamental Conventions, 2012, paragraphs 669, 673 et seq.). The Committee urges the Government, within the framework of the reform of the Labour Code, to amend section 79 so as to give full expression to the principle of equal remuneration for men and women for work of equal value. The Committee encourages the Government to request ILO technical assistance in this regard.

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

Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

Gender pay gap. The Committee notes that, although the Government provides information on the considerable increase in the participation of women in popular elected office, ministries, the judicial authorities and the parliamentary assembly, as well as on the unification of the basic wage as from 2010, the information supplied does not provide a basis for determining trends in the gender pay gap, nor the measures adopted by the Government for its reduction. The Committee requests the Government to provide information on the remuneration levels of men and women in the various sectors of activity, disaggregated by occupational category, and, in so far as possible, colour and race, so as to enable the Committee to assess the progress achieved. The Committee also asks the Government to provide information on the measures adopted with a view to promoting the employment of women in a broader range of sectors and occupations, including through appropriate vocational training.

Article 1(b) of the Convention. Equal remuneration for work of equal value. Legislation. The Committee recalls that for a number of years it has been referring to the need to amend section 79 of the Labour Code, which provides for equal remuneration for equal work, which is more restrictive than the principle set out in Article 1 of the Convention, which refers to work of “equal value”. This concept lies at the heart of the fundamental right of equal remuneration for men and women and the promotion of equality. It is key to tackling occupational sex segregation in the labour market, as it permits a broad scope of comparison including, but going beyond equal remuneration for “equal”, “the same” or “similar” work, and also encompasses work that is of an entirely different nature, but which is nevertheless of equal value. With a view to overcoming occupational segregation, the application of the principle set out in the Convention is not confined to a comparison between men and women in the same establishment or enterprise, but also allows a much broader comparison between the jobs performed by men and women in different workplaces or enterprises, or between different employers (see the General Survey on the fundamental Conventions, 2012, paragraphs 669 and 673, et seq.). The Committee urges the Government, within the framework of the reform of the Labour Code, to amend section 79 of the Labour Code so as to give full expression to the principle of equal remuneration for men and women for work of equal value. The Committee encourages the Government to request ILO technical assistance in this regard.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

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:

Repetition

Wage gap. The Committee notes that, according to the study “A gender view of public employment in Ecuador”, prepared by the National Council for Women (CONAMU), the National Technical Secretariat for Human Resources Development and Remuneration in the Public Sector (SENRES), the Friedrich Ebert Foundation, FES–ILDIS and Public Services International (PSI), the average earnings of women in public employment amount to 82 per cent of those of men. The study also indicates that the activities mainly carried out by women, namely teaching and health care, are those in which earnings are lower. The Committee notes that the study also emphasizes the high level of vertical segregation that exists in the social services and health-care branch, in which women are employed in the lowest paid categories. The Committee observes that, according to the study, there are marked patterns of vertical segregation in the public administration in municipal authorities and provincial councils, with a minimum level of participation by women in the higher hierarchical levels. The Committee further notes that, according to the Government’s report, SENRES issued a resolution, which has been in force since January 2009, replacing the previous wage categories of public sector employees by the approved wage scale. The Committee asks the Government to provide information on the measures that are being taken to reduce the wage gap that exists in the public sector and those intended to eliminate vertical segregation in the social services and health-care branch, and in public administration in municipal authorities and provincial councils. The Committee also asks the Government to provide information on the measures that are being developed for the adoption of policies intended to promote and ensure the access of women to a broader range of sectors and occupations with higher levels of responsibility and remuneration, including through the appropriate supply of vocational training and education. Please also continue providing statistical data on the remuneration levels of men and women in the various sectors of activity disaggregated by occupational category and position and, in so far as possible, by colour and race, so that the Committee can assess the progress achieved.

Article 1(b) of the Convention. Equal remuneration for work of equal value. The Committee notes with interest that the new Constitution, in article 326(4), provides that “equal remuneration shall be paid for work of equal value”, thereby giving expression in law to the Convention. The Committee further notes that a Bill to reform the Labour Code has been submitted to the Constituent Assembly. Recalling that for several years the Committee has been indicating in its comments that the terms of section 79 of the Labour Code are narrower than the principle set out in the Convention, the Committee hopes that the Government will take this opportunity to bring section 79 of the Labour Code into harmony with Article 1 of the Convention, thereby giving full expression to the principle of equal remuneration for work of equal value. Please provide information on the progress achieved in the amendment of this section.

Article 2. Promotion of the principle of the Convention. The Committee notes that the national councils, including the CONAMU, and the programmes that are being undertaken within this framework are in the process of being institutionalized to become bodies responsible for planning the public policy of equality in accordance with articles 156 and 157 of the new Constitution. The Committee asks the Government to provide information on the progress made in this process with regard to policies and programmes intended to give effect to the principles of the Convention.

Article 3. Objective job evaluation. The Committee asks the Government to indicate the manner in which objective job evaluation is promoted, including information on the manner in which the National Wage Council promotes the use of methodologies for objective job evaluation with a view to determining wages in the private sector.

Article 4. Cooperation with the social partners. The Committee notes that in May 2009 the Regional Meeting on Wage Equity was held in Quito. The discussions focused on strategies to promote the exchange of experiences relating to social dialogue processes to achieve equity between men and women in remuneration. Please provide information on the measures adopted in collaboration with workers’ and employers’ organizations with a view to giving effect to the principle of the Convention.

Labour inspection. Please provide information on cases of violations of the principle of the Convention identified by the labour inspection services.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes that the Government’s report contains no information on the questions raised. The Committee must therefore repeat its previous comments, which read as follows:

Repetition

Wage gap. The Committee notes that, according to the study “A gender view of public employment in Ecuador”, prepared by the National Council for Women (CONAMU), the National Technical Secretariat for Human Resources Development and Remuneration in the Public Sector (SENRES), the Friedrich Ebert Foundation, FES–ILDIS and Public Services International (PSI), the average earnings of women in public employment amount to 82 per cent of those of men. The study also indicates that the activities mainly carried out by women, namely teaching and health care, are those in which earnings are lower. The Committee notes that the study also emphasizes the high level of vertical segregation that exists in the social services and health-care branch, in which women are employed in the lowest paid categories. The Committee observes that, according to the study, there are marked patterns of vertical segregation in the public administration in municipal authorities and provincial councils, with a minimum level of participation by women in the higher hierarchical levels. The Committee further notes that, according to the Government’s report, SENRES issued a resolution, which has been in force since January 2009, replacing the previous wage categories of public sector employees by the approved wage scale. The Committee asks the Government to provide information on the measures that are being taken to reduce the wage gap that exists in the public sector and those intended to eliminate vertical segregation in the social services and health-care branch, and in public administration in municipal authorities and provincial councils. The Committee also asks the Government to provide information on the measures that are being developed for the adoption of policies intended to promote and ensure the access of women to a broader range of sectors and occupations with higher levels of responsibility and remuneration, including through the appropriate supply of vocational training and education. Please also continue providing statistical data on the remuneration levels of men and women in the various sectors of activity disaggregated by occupational category and position and, in so far as possible, by colour and race, so that the Committee can assess the progress achieved.

Article 1(b) of the Convention. Equal remuneration for work of equal value. The Committee notes with interest that the new Constitution, in article 326(4), provides that “equal remuneration shall be paid for work of equal value”, thereby giving expression in law to the Convention. The Committee further notes that a Bill to reform the Labour Code has been submitted to the Constituent Assembly. Recalling that for several years the Committee has been indicating in its comments that the terms of section 79 of the Labour Code are narrower than the principle set out in the Convention, the Committee hopes that the Government will take this opportunity to bring section 79 of the Labour Code into harmony with Article 1 of the Convention, thereby giving full expression to the principle of equal remuneration for work of equal value. Please provide information on the progress achieved in the amendment of this section.

Article 2. Promotion of the principle of the Convention. The Committee notes that the national councils, including the CONAMU, and the programmes that are being undertaken within this framework are in the process of being institutionalized to become bodies responsible for planning the public policy of equality in accordance with articles 156 and 157 of the new Constitution. The Committee asks the Government to provide information on the progress made in this process with regard to policies and programmes intended to give effect to the principles of the Convention.

Article 3. Objective job evaluation. The Committee asks the Government to indicate the manner in which objective job evaluation is promoted, including information on the manner in which the National Wage Council promotes the use of methodologies for objective job evaluation with a view to determining wages in the private sector.

Article 4. Cooperation with the social partners. The Committee notes that in May 2009 the Regional Meeting on Wage Equity was held in Quito. The discussions focused on strategies to promote the exchange of experiences relating to social dialogue processes to achieve equity between men and women in remuneration. Please provide information on the measures adopted in collaboration with workers’ and employers’ organizations with a view to giving effect to the principle of the Convention.

Labour inspection. Please provide information on cases of violations of the principle of the Convention identified by the labour inspection services.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Wage gap. The Committee notes that, according to the study “A gender view of public employment in Ecuador”, prepared by the National Council for Women (CONAMU), the National Technical Secretariat for Human Resources Development and Remuneration in the Public Sector (SENRES), the Friedrich Ebert Foundation, FES–ILDIS and Public Services International (PSI), the average earnings of women in public employment amount to 82 per cent of those of men. The study also indicates that the activities mainly carried out by women, namely teaching and health care, are those in which earnings are lower. The Committee notes that the study also emphasizes the high level of vertical segregation that exists in the social services and health-care branch, in which women are employed in the lowest paid categories. The Committee observes that, according to the study, there are marked patterns of vertical segregation in the public administration in municipal authorities and provincial councils, with a minimum level of participation by women in the higher hierarchical levels. The Committee further notes that, according to the Government’s report, SENRES issued a resolution, which has been in force since January 2009, replacing the previous wage categories of public sector employees by the approved wage scale. The Committee asks the Government to provide information on the measures that are being taken to reduce the wage gap that exists in the public sector and those intended to eliminate vertical segregation in the social services and health-care branch, and in public administration in municipal authorities and provincial councils. The Committee also asks the Government to provide information on the measures that are being developed for the adoption of policies intended to promote and ensure the access of women to a broader range of sectors and occupations with higher levels of responsibility and remuneration, including through the appropriate supply of vocational training and education. Please also continue providing statistical data on the remuneration levels of men and women in the various sectors of activity disaggregated by occupational category and position and, in so far as possible, by colour and race, so that the Committee can assess the progress achieved.

Article 1(b) of the Convention. Equal remuneration for work of equal value. The Committee notes with interest that the new Constitution, in article 326(4), provides that “equal remuneration shall be paid for work of equal value”, thereby giving expression in law to the Convention. The Committee further notes that a Bill to reform the Labour Code has been submitted to the Constituent Assembly. Recalling that for several years the Committee has been indicating in its comments that the terms of section 79 of the Labour Code are narrower than the principle set out in the Convention, the Committee hopes that the Government will take this opportunity to bring section 79 of the Labour Code into harmony with Article 1 of the Convention, thereby giving full expression to the principle of equal remuneration for work of equal value. Please provide information on the progress achieved in the amendment of this section.

Article 2. Promotion of the principle of the Convention. The Committee notes that the national councils, including the CONAMU, and the programmes that are being undertaken within this framework are in the process of being institutionalized to become bodies responsible for planning the public policy of equality in accordance with articles 156 and 157 of the new Constitution. The Committee asks the Government to provide information on the progress made in this process with regard to policies and programmes intended to give effect to the principles of the Convention.

Article 3. Objective job evaluation. The Committee asks the Government to indicate the manner in which objective job evaluation is promoted, including information on the manner in which the National Wage Council promotes the use of methodologies for objective job evaluation with a view to determining wages in the private sector.

Article 4. Cooperation with the social partners. The Committee notes that in May 2009 the Regional Meeting on Wage Equity was held in Quito. The discussions focused on strategies to promote the exchange of experiences relating to social dialogue processes to achieve equity between men and women in remuneration. Please provide information on the measures adopted in collaboration with workers’ and employers’ organizations with a view to giving effect to the principle of the Convention.

Labour inspection. Please provide information on cases of violations of the principle of the Convention identified by the labour inspection services.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Article 1(b) of the Convention. Equal remuneration for work of equal value. In its previous comments, the Committee drew the Government’s attention to the fact that section 79 of the Labour Code is expressed in terms which are narrower than the principle of “equal remuneration for work of equal value” laid down in the Convention, and expressed the hope that the Government would take the necessary steps to bring section 79 into line with the Convention. The Committee notes the Government’s statement to the effect that it will supply information on the results of the Constituent Assembly which will reform the principles of the Constitution and in which there will be representatives of the bodies defending the wage rights of women workers. The Committee notes that on 13 May 2008 the Constituent Assembly adopted a series of provisions, including article 3(d), which provides for equal remuneration for work of equal value, without any form of discrimination. The Committee welcomes this provision, as it gives expression to the principle of equal remuneration for work of equal value. It asks the Government to supply information on its final adoption, as well as on the amendment of section 79 of the Labour Code, which the Committee has been asking the Government to bring into line with the Convention for a number of years.

Article 2. Promotion of the principle. The Committee notes that the Equal Opportunities Plan for 2005–09 has two main components: (1) including the majority of women’s organizations in the process of defining priorities; (2) formulating the Plan on the basis of a system of rights which enable the limitations of the sectoral approach to be overcome. The Committee asks the Government to supply information on the steps taken or contemplated within the Equal Opportunities Plan to promote the principle of equal remuneration for work of equal value, and on the results achieved.

Gender, Youth and Ethnic Minorities Unit. The Committee notes various capacity-building activities, such as the publication of a “Labour vademecum with a gender perspective” and the holding of workshops with the ILO in Quito, Guayaquil and Cuenca, relating to gender, race, poverty and employment. It also notes with interest the “Women’s Programme for Indigenous and Afro-Ecuadorian Female Workers (PROINDAFRO)”, which aims to provide self-employment for indigenous and Afro-Ecuadorian women on a low income, who do not formalize their work activities for a variety of reasons but who have the potential to do so. The Committee would be grateful if the Government would continue supplying information on the activities of this unit, stating in particular the way in which publications, courses and programmes incorporate the principle of the Convention. It also asks the Government to state whether and to what extent PROINDAFRO has succeeded in increasing the income of women covered by this programme.

Article 3. Objective job evaluation. The Committee notes the Government’s statement to the effect that an inter-institutional agreement is to be established with institutions involved in wage matters with a view to updating occupational structures in line with the Standard Industrial Classification (SIC) and to maintain standardized codification. The Committee hopes that this will be undertaken on the basis of specific jobs, which will enable a comparison of “work that is of an entirely different nature, which is nevertheless of equal value”, as stated by the Committee in its general observation of 2006. The Committee asks the Government to supply information on the updating of the abovementioned occupational structures. Please also provide information on whether, in the context of the inter-institutional cooperation agreement between the National Secretariat for Public Sector Pay, the National Council for Women, the Latin American Institute of Social Investigations and Public Services International in Ecuador, which was noted by the Committee in its observation on the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), activities have been undertaken or planned with regard to objective job evaluation or to other aspects related to the Convention.

Labour inspection and preventive activities. The Committee notes the holding of various workshops on gender and labour inspection in Quito, Cuenca and Guayquil in 2006. It also notes that, according to the Government, inspections of officials responsible for wages in enterprises are to be promoted with a view to having effective control over the payment of the additional benefits and profits provided for in the Labour Code. The Committee asks the Government to indicate the manner in which the principle of the Convention is included in the workshops on gender issues for labour inspectors, and whether the abovementioned inspections on the monitoring of additional benefits and profits have been undertaken. Please also supply information on the results of such monitoring, disaggregated by sex.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

1.  Article 1(b) of the Convention. The Committee notes that, according to the Government, section 79 of the Labour Code, which provides for “equal remuneration for equal work”, is consistent with article 36 of Ecuador’s Constitution which establishes the principle of “equal remuneration” for men and women for “work of equal value” enshrined in the Convention. The Committee reminds the Government that, as indicated in its General Survey of 1986 (paragraphs 19–23), the obligations deriving from Article 1 of the Convention go beyond a reference to “the same” or “similar” work, and include “work of equal value”, which requires a broader comparison of the value of different jobs. Establishing a broader base of comparison stems from the need to ensure that women receive the same remuneration as men where the work they do is different but of equal value, as determined by an objective evaluation of the job. This is particularly important due to occupational segregation, with women and men often working in different occupational categories and jobs, and since jobs which are traditionally considered “feminine” may be undervalued because of sexual stereotyping. The Committee accordingly points out to the Government that section 79 of the Labour Code is narrower than the principle of “equal remuneration for work of equal value” laid down in the Convention, and trusts that the Government will take the necessary steps to bring section 79 in line with the Convention and will keep it informed of progress made in this regard.

2. Article 2. With regard to points 2 and 3 of its previous direct request, the Committee notes the Equal Opportunities Plan for 2005–09 drawn up by the National Council for Women (CONAMU) and the information in the Government’s report on the application of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), that the Government has undertaken to develop with CONAMU a joint action plan which includes the issue of equal pay and the development of indicators with a view to monitoring the application of Convention No. 100. It further notes that the Agreement on Inter-Institutional Cooperation between CONAMU and the Ministry of Labour includes the implementation and follow-up of labour policies to redress any inequalities between men and women workers. The Committee hopes that, in that context, the Government will devise and implement measures to reduce the occupational and sectoral segregation of women, to narrow the wage gap in both the public and the private sectors and to reduce sex-based discrimination in better paid posts. The Committee asks the Government to provide information on these matters, including statistical data, and on outcomes achieved.

3. Gender and Youth Unit. Noting the establishment in 2005 of the Gender and Youth Unit under the Employment Directorate, the Committee asks the Government to provide information on the Unit’s activities in so far as they relate to the application of the Convention.

4. Labour inspection and prevention. Noting the Government’s statement that the Ministry of Labour’s Gender Unit is to make the labour inspectorate more effective in enforcing the principle of the Convention, the Committee would be grateful if the Government would provide information on the labour inspectorate’s promotional activities, the cases dealt with and the action taken regarding the principle of the Convention.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the information provided by the Government in its report and the statistical data attached. It also notes the report prepared by the National Council of Women (SĺMUJERES - SIISE, 1997-2002).

1. In its previous comment, the Committee asked the Government to indicate whether it was considering amending section 79 of the Labour Code, which provides that "equal remuneration shall be paid for equal work", in order to bring it into conformity with article 36 of the Political Constitution, which sets forth the principle of equal remuneration for men and women workers for work of equal value. The Committee notes that the Government has not provided any information on this matter and would be grateful if it would do so in its next report.

2. The Committee notes the information provided in the report from the National Council of Women indicating the difficulties that women encounter in the labour market, in particular an unemployment rate that is twice that of men, occupational and sectoral segregation for women who are employed and lower remuneration than that of men for equivalent jobs.

3. The Committee notes that, according to the statistical information, women earn 73 and 84 per cent of the wages of men in the public and private sectors, respectively; only 28.47 per cent of women are employed in the private sector, compared with 71.53 per cent of men; only 19.61 and 21.66 per cent of the highest paid workers in the private and public sectors, respectively, are women. It also notes that in the social and health-care services, despite the fact that women account for 63.45 per cent of the total staff, they earn on average 59 per cent of the wages of men in the same services. The Committee asks the Government to provide information on the measures that have been adopted or are envisaged to increase the income of women in the private sector, to reduce the wage gap in both the public and private sectors and to reduce gender discrimination in the highest paid posts.

4. The Committee notes the information provided by the Government in its report indicating that it is in the process of revising the Civil Service and Administrative Careers Act, and that this will provide an opportunity to assess the procedures used for the selection and evaluation of public sector employees. The Committee trusts that the Government will continue to provide information on the manner in which gender bias is eliminated in these procedures and any impact this has on reducing wage differentials in the civil service.

5. The Committee notes the information provided by the Government in its report indicating that the National Wage Council (CONADES) and the National Council for Public Sector Remuneration (CONAREM) will organize workshops to promote and ensure the application to all men and women workers of the principle of equal pay for work of equal value. It also notes the information provided by the Government confirming the existence of the political will to review the existence of wage differences based on sex and stating that a gender unit may be created in the Ministry of Labour for this purpose. The Committee asks the Government to provide information on any progress made on these issues in its next report.

6. The Committee would be grateful if the Government would provide information in its next report on the activities carried out by the labour inspectorate and the Department of Labour Prevention of the Ministry of Labour and Human Resources to identify violations of the principle of equal remuneration for men and women workers for work of equal value.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the information provided by the Government in its report, as well as the attached statistics and a copy of a collective agreement.

1. In its previous comment, the Committee asked the Government, with a view to enabling it to assess the application of the principle of the Convention in the public sector, to provide data on the percentages of men and women in the various occupations and at the different levels of the public administration, as well as statistical information disaggregated by sex on the corresponding incomes. The Committee notes that the Government has not provided these data with its report. The Committee also emphasized that discrimination may arise from the existence of occupational categories and jobs or occupations reserved for women. In this respect, it once again requested the Government to supply statistical data on the percentages of men and women employed in the manufacture of certain types of textiles and clothing, foodstuffs and leather goods, with an indication of the various levels of these activities. The Committee notes that the Government has not provided these data with its report. The Committee notes the information provided by the Government that in November 2001 a national survey was carried out to obtain detailed statistical information and that the Government will inform the Office of the results. The Committee trusts that the Government will provide the requested information with its next report. The Committee once again requests the Government to take into account, when preparing statistics, the comments that it made in its general observation of 1998.

2. The Committee notes the information provided by the Government to the effect that it has not been able to supply information on the number of inspections relating to wage matters and discrimination in general due to the lack of human, material and technical resources. The Committee recalls that it asked the Government to provide information on the methods used to determine whether there are any gender-based wage differentials. The Committee notes the Government’s request for technical assistance and trusts that the Office will be in a position to provide such assistance in the near future.

3. In its previous comment, the Committee asked the Government to provide information on the activities of the National Wage Council (CONADES) and/or the sectoral committees to ensure and promote the application of the principle of equal remuneration for men and women workers for work of equal value. The Committee notes the Government’s statement in its last report that the CONADES, in the same way as other state bodies, operates in accordance with the constitutional provisions setting forth the principle of equality. The Committee notes that the Government does not provide information in its reply on any activity undertaken to ensure or promote the principle set out in Article 2, paragraph 1, of the Convention. Recalling the contents of paragraph 253 of its General Survey on equal remuneration, 1986, the Committee observes that it is difficult to accept statements suggesting that the application of the Convention has not given rise to difficulties, or that full effect is given to the Convention, without further details being provided. The Committee therefore trusts that the Government will reply to the requests referred to above to provide the most detailed information possible. The Committee trusts that the Government will indicate in its next report the manner in which CONADES and/or the sectoral committees and/or the National Remuneration Council for the Public Sector (CONAREM) are promoting and, where appropriate, ensuring the application to all workers of the principle of equal remuneration for men and women workers for work of equal value.

4. In its previous comment, the Committee asked the Government to indicate the methods adopted or envisaged to evaluate tasks in relation to the work performed, particularly in the public administration. The Committee notes the Government’s reply that the objective appraisal of jobs is carried out on the basis of the work involved and that wages are revised and analysed considering the work performed and its value without distinction on the basis of gender. The Committee notes that the Government’s report does not contain a detailed reply with regard to the methodology used for the appraisal of jobs, with a view to the objective measurement and comparative analysis of the relative value of the work performed. As the Committee emphasized in paragraph 255 of its General Survey on equal remuneration, 1986, the reference by the Convention to the principle of "equal remuneration for men and women workers for work of equal value" inevitably broadens the field of comparison, since jobs of a different nature have to be compared in terms of equal value. To compare the value of different jobs, it is important that there exist methods and procedures of easy use and ready access, capable of ensuring that the criterion of sex is not directly or indirectly taken into account in the comparison. By way of illustration, in paragraph 60 of its General Survey on equal remuneration, 1986, the Committee mentioned a number of criteria which are most commonly referred to in the various national laws on equal remuneration with a view to comparing the work to be performed by men and women. These include skill (or knowledge evidenced by a title or diploma or by practice in the job, and abilities following from experience acquired), effort (physical or mental effort, or physical, mental or nervous strain connected with the performance of the work) and responsibility (or decision) required to perform the work (having regard to the nature, scope and complexity of the duties inherent in each job) and the conditions under which the work is to be performed (including factors such as the level of danger associated with the work). The Committee trusts that the Government will provide information in its next report on any measure adopted in relation to the application of methodologies for objective job appraisals.

5. In its previous comment, the Committee noted the inter-institutional technical cooperation agreement signed on 22 February 1999 between the Ministry of Labour and the National Council for Women (CONAMU) concerning the establishment of a database on the income of men and women in the private sector for 1998, with a view to analysing the position of men and women in terms of their income, and to formulating policies and implementing measures to reduce the wage gap between men and women. The Committee trusts that the Government will provide information in its next report on the progress achieved in the context of the above agreement.

6. The Committee notes the statistical information compiled by the System of Integrated Social Indicators for Ecuador (SIISE). The Committee notes that in 1998, gender inequality affecting women in terms of income from work according to the level of utilization of the labour force increased in comparison with the previous year. The Committee also notes that, according to the statistics provided by the Government with its last report, of workers engaged in paid commercial work, 64.2 per cent are men, compared with 35.8 per cent for women. It also notes that the percentage of men engaged in unpaid commercial work is 39 per cent, compared with 61 per cent for women. Finally, it notes that women carry out 98.7 per cent of domestic work, compared with 1.3 per cent for men. The Committee recalls, as it noted in its previous comment, that discrimination may arise out of the existence of occupational categories and jobs or occupations that are reserved for women. It trusts that the Government will take the necessary measures to address this type of discrimination.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the reports supplied by the Government and the statistical information attached thereto.

1. The Committee notes the statistics provided by the Government on men’s and women’s wages in Ecuador. Regarding women’s status in the labour market, the Committee notes that women account for 41 per cent of government employees as compared to 29 per cent of private sector employees. The Government is again asked to provide information on the percentage of men and women in the various occupations and at the various levels of the public administration. Furthermore, to enable the Committee to assess the application of the principle of the Convention in the public sector, the Government is asked to provide statistical information which is as complete as possible, disaggregated by sex, concerning men’s and women’s income in the various occupations and at the various levels of the public administration. In this regard, please refer to the Committee’s 1998 general observation on the Convention.

2. In its previous comments the Committee noted that, according to the Government, the Labour Inspectorate and the Department of Prevention of the Ministry of Labour and Human Resources are responsible for ensuring the application of the principle of the Convention. The Government states that inspections are being carried out in enterprises, but that no wage differentials between men and women have been found to exist. The Committee asks the Government to send information on the inspection visits carried out during the period covered, indicating the number of inspections dealing with wages or with discrimination issues in general and also indicating the methods used to determine whether there are any gender-based wage differentials.

3. According to the information supplied by the Government, the wage policy is implemented through three mechanisms: (a) minimum wage fixing and wage increases, which are the responsibility of the National Wage Council (CONADES); (b) tripartite sectoral committees; and (c) collective bargaining. The Committee also notes the promulgation of the Act for the economic reform of Ecuador (No. 2000 4) of 13 March 2000, establishing the national wage policy. The Committee would be grateful if the Government would supply information in its next report on the activities conducted or envisaged by CONADES and/or the sectoral committees to ensure or promote the application of the principle of equal remuneration for men and women workers for work of equal value. The Government is also asked to provide a copy of Act No. 2000 4, and specimens of collective contracts, particularly in sectors with a large concentration of women.

4. In its previous comments the Committee noted the decisions of CONADES establishing the monthly minimum wage of workers employed in the manufacture of certain types of textiles and clothing, foodstuffs and leather goods. The Committee noted that these decisions set the wages of various jobs in the sectors referred to without any distinction between men and women. The Committee pointed out, however, that discrimination may arise out of the existence of occupational categories and jobs or occupations reserved for women. Consequently, the Committee again asks the Government to supply statistical information on the percentage of men and women in the occupations and at the levels defined in the abovementioned decisions.

5. The Committee recalls that Article 3 of the Convention requires the adoption of measures to promote an objective appraisal of jobs on the basis of the tasks involved, when the nature of such measures facilitates the application of this Convention. The Committee therefore repeats its request to the Government to indicate the methods proposed or envisaged for assessing the tasks in relation to the work done, particularly in the public administration.

6. The Committee notes the information supplied by the Government on the programmes to be implemented jointly by the Ministry of Labour and Human Resources and the National Council for Women (CONAMU). It also notes the agreement on technical cooperation signed on 22 February 1999 by the Ministry and CONAMU, and that in the context of this agreement a database is being set up on men’s and women’s income in the private sector for 1998. The Government indicates that, based on the database, it will be possible to analyse the position of men and of women in respect of income. The Committee notes that one of the commitments undertaken by the Ministry and CONAMU is to formulate policy and implement measures with a view to reducing the wage differential between men and women. The Committee hopes that priority will be placed on the implementation of these commitments and asks the Government to keep it informed of any developments in this regard.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes the Government's report and attached documentation.

1. The Committee notes the Government's statement that the institutions responsible for ensuring the application of the principle of the Convention are the Labour Inspectorate and the Department of Prevention of the Ministry of Labour and Human Resources. The Government indicates, however, that the Labour Inspectorate has not conducted any inspections to ensure equality of remuneration for men and women for work of equal value. The Committee requests the Government to indicate the methods currently in operation to promote and ensure the application of the principle of the Convention. The Government is also asked to continue to supply information on any labour inspections which find the existence of gender-based salary differentials.

2. Further to its previous comments regarding salary differentials between men and women workers in Ecuador, the Committee asks the Government to indicate what methods have been or are proposed to be taken in promoting the objective appraisal of jobs on the basis of the work performed. Moreover, in order to permit the Committee to evaluate the application of the principle of the Convention with regard to the public administration, the Government is asked to provide information showing the distribution of men and women workers in the various occupations and at varying levels of that sector.

3. The Committee notes the National Salary Commission resolutions supplied by the Government which fix the minimum monthly salary for workers employed in the manufacture of certain garments and textiles, food products and leather goods. The resolutions fix wages for jobs in the above-referenced sectors without distinguishing between men and women. The Committee nevertheless recalls that discrimination may arise out of the existence of occupational categories and jobs reserved for women and, therefore, the fact that women workers may be more heavily concentrated in certain jobs or sectors of activity must be taken into account to avoid the undervaluation of work regarded as predominately "feminine" (see General Survey on equal remuneration, ILO, 1986, paragraph 22). In this respect, the Committee asks the Government to provide statistical information on the distribution of men and women in the occupations and at the levels set forth in the above-mentioned resolutions.

4. The Ministry of Labour indicates that it will be initiating various programmes in conjunction with the National Women's Commission (CONAMU). The Committee would be grateful if the Government would provide information in its next report on those joint programmes relevant to the Convention.

Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes with satisfaction the promulgation of article 36 of the new Political Constitution of Ecuador, enacted on 10 August 1998, which reflects the principle set forth in Article 1 of the Convention. Article 36 provides, in pertinent part, that:

The State will promote the incorporation of women into the paid labour force under conditions of equal rights and opportunities, guaranteeing women equal remuneration for work of equal value.

The Government's report indicates that article 36 of the new Ecuadorean Constitution constitutes primary law, and cites the well-established principle of legal interpretation that a primary law supplements any deficiencies or omissions in a secondary law, such as section 79 of the Labour Code, to which the Committee has made reference for a number of years. The Committee asks the Government to indicate whether it contemplates amending section 79 of the Code to bring it into conformity with constitutional article 36.

The Committee also notes with interest that under constitutional article 36 the Government undertakes to promote respect for women's employment and reproductive rights in order to improve working conditions for women and ensure their access to social security systems, particularly in the case of expectant and nursing mothers, working women, women working in the informal and handcrafts sectors, female heads of households and widows. Article 36 expressly prohibits all forms of employment discrimination against women and recognizes unpaid domestic work as productive labour.

The Committee is addresssing a request directly to the Government on other matters.

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes the Government's report and attached documentation.

1. Article 2, paragraph 1 of the Convention. In its previous comments, the Committee recalled that the concept of equal remuneration applied not only to equal work, but also to work of equal value. The Government replied that the current wording of section 78 of the Labour Code is not to be interpreted restrictively as meaning only "identical work", but rather to mean "similar work". The Committee requested the Government once again to report on the measures which have been adopted to amend the wording of section 78 of the Labour Code so as to set out explicitly that equal remuneration also applies to work of a different nature but of equal value, in accordance with the Convention. In its latest report, the Government indicates that section 78 of the Labour Code has not been amended although it states that the latest reforms in the Political Constitution guarantee expressly in article 22(6) the equal rights of women, providing that "... men and women are declared legally equal. Women have equal rights and opportunities to men in all walks of life, especially in economic and labour matters ...". In this respect, the Committee recommends that section 78 of the Code be amended to reflect precisely the concept of "work of equal value".

2. The Committee had noted with interest the text of a collective labour agreement concluded in the textile industry and the 1992 statistics on the distribution of men and women workers in the various sectors of activity, supplied by the Government, which showed that the monthly income of women workers was significantly lower than that of men, especially at higher wage levels. In this respect, the Government states that salary differences between men and women in the labour market are of a cultural and historical order but that, in any case, they are not based on any legal grounds since by law wages must be fixed on the basis of objective and technical studies and must not give rise to any discrimination. The Committee suggests that the Government should direct the attention of the institutions responsible for monitoring practical application of labour legislation, for example, the labour inspection system, if appropriate, to ensure equality of remuneration for men and women for work of equal value. Similarly, it suggests that the Government have recourse to ILO technical assistance in this if necessary. The Committee requests the Government to furnish the findings of any labour inspections which have disclosed salary differences between men and women based on sex.

3. The Committee notes the public administration salary scale provided by the Government and the statement that there is no breakdown according to sex. It reminds the Government of the value of statistics on the percentage of women and men in various occupations and levels of the public adminstration for seeking measures to ensure that the principles of the Convention are applied (1986 General Survey on equal remuneration, paragraph 248).

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes the Government's report and the attached documentation.

1. In its previous comments, the Committee recalled that the concept of equal remuneration applied not only to equal work, but also to work of equal value. In this respect, the Government replied that the current wording of section 78 of the Labour Code is not to be interpreted restrictively as meaning only "identical work", but rather to mean "similar" work. The Committee once again requests the Government to report on the measures which have been adopted to amend the wording of section 78 of the Labour Code so as to set out explicitly that equal remuneration also applies to work of a different nature but of equal value, in accordance with the Convention.

2. The Committee notes with interest both the text of the recent collective labour agreement concluded for the branch of industry employing the highest percentage of women workers (textiles), and the statistical information on the distribution of men and women workers in the various sectors of the economy, which were supplied by the Government. It notes that, according to the statistics, the monthly income of women workers in 1992 was significantly lower than that of men, particularly at higher wage levels. It would be grateful to receive possible explanations of this phenomenon together with the next statistics which are supplied.

3. Furthermore, the Committee once again requests the Government to supply with its next report the wage scales applicable in the public administration, indicating the distribution of men and women at the various levels.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

1. In its direct request of 1988, the Committee pointed out that section 78 of the Labour Code, which provides that equal remuneration is to be paid for equal work, without discrimination on grounds of sex, is not sufficient to give effect to the Convention which provides that equal remuneration shall be paid for work of equal value. The Committee notes from the Government's reply in its last report that, under both the Constitution and the Labour Code, a person's sex may not be taken into consideration in fixing wages; that the expression "equal work" in section 78 of the Labour Code is not to be interpreted restrictively as meaning "identical" work, but rather as "similar" work of equal value; and that, in practice, the system for evaluating jobs objectively is being used more extensively in both the public administration and in private enterprises. In these circumstances, the Committee hopes that the Government will be able to take the necessary measures to amend section 78 of the Labour Code to provide explicitly that equal remuneration also applies to work of a different nature but of equal value, in accordance with the Convention. It asks the Government in its next report to indicate the measures taken in this respect.

2. The Committee also notes that it has no recent information enabling it to ascertain how the principle of equal remuneration for men and women is applied in practice where wages are higher than the legal minimum. It would be grateful if the Government would provide in its next report:

(i) the wage scales applying in the public service, indicating the distribution of men and women in the various grades;

(ii) the text of the main collective agreements fixing wage levels, particularly in the branches of activity employing a large number of women, indicating the percentage of women covered by these agreements and the distribution of men and women at the various levels; and

(iii) statistical data on the average earnings of men and women, if possible by occupation and branch of activity, and information on the percentage of women in the various occupations and branches of activity.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee notes that the Government's report contains no reply to its comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

The Committee refers to Article 78 of the Labour Code which provides that equal remuneration is to be paid for work of equal value without discrimination on grounds of sex but that skill and experience in the performance of work shall be taken into account in the calculation of the remuneration. In this connection, the Committee refers to the explanations in paragraphs 19 to 21 and 44 to 65 of its 1986 General Survey on equal remuneration. It recalls that the principle laid down in Article 2 of the Convention refers to work of equal value and points out that while evaluation criteria such as a worker's skill or output allow an objective appraisal of the performance of different persons engaged in similar work they do not constitute a sufficient basis for the application of the principle laid down in the Convention, particularly when men and women, in practice, perform work which is different but of equal value.

The Committee requests the Government to indicate any measures taken or contemplated to ensure that, in practice, men and women receive equal remuneration, particularly when their work is different but of equal value.