Equal Remuneration Convention, 1951 (No. 100) - Costa Rica (Ratification: 1960)

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, the Committee considers it appropriate to examine the Conventions Nos 100 (equal remuneration), 111 (discrimination in employment and occupation) and 156 (workers with family responsibilities) together.

The Committee notes the observations made by the Costa Rican Federation of Chambers and Associations of Private Enterprise (UCCAEP), transmitted with the Government’s report. It also notes the observations of the Confederation of Workers Rerum Novarum (CTRN), the Costa Rican Workers’ Movement Central (CMTC) and the Juanito Mora Porras-ANEP Social Centre (CSJMP), received on 1 September 2025. The Committee requests the Government to provide its comments in this respect.

Part I. Conventions Nos 100 and 111

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

Articles 1 to 3. National policy on equality of opportunity and treatment in employment and occupation. National extraction. Migrant workers. The Committee notes the information in the Government’s report on the project to develop the action guidelines on labour migration for public officials of the National Labour Inspectorate and associated bodies, which aim to facilitate understanding of the phenomenon of labour migration, propose alternatives for advising and training workers and employers, and set out guidance for collaboration among the competent bodies. The Committee notes this information, which addresses its previous request.

Race and colour. Afro-descendants. The Government indicates that the National Policy for a society free from racism, racial discrimination and xenophobia 2014–25 will conclude in December 2025 and that work has begun on a new national strategy targeting the Afro-descendants, indigenous peoples and migrants, which will include measures to update public services and promote cultural change towards equality. It also indicates that it still does not have disaggregated information on the situation of persons of Afro-descendants, indigenous peoples and migrants in all the country’s public services. The Committee requests the Government to: (i)provide information on the results achieved through the National Policy for a society free from racism, racial discrimination and xenophobia 2014–25; (ii) indicate the progress made in developing the new national strategy targeting Afro-descendants, indigenous peoples and migrants; and (iii) when available, provide the statistics concerning access and participation in employment and occupation of persons of African descent.

Real or perceived HIV/AIDS status. With regard to its previous comments, the Committee notes the Government’s indication that national legislation in general, including section 404 of the Labour Code and section 380 of the Criminal Code, is available to the public through the National System of Current Legislation (SINALEVI). The Committee notes from the information provided by the Government that: (i) between 2022 and 2024, the National Labour Inspectorate did not receive any complaints of discrimination on grounds of real or perceived HIV status; and (ii) the courts have heard cases of dismissal for HIV-related discrimination, including ruling No. 01635-2019, concerning the discriminatory dismissal of a worker diagnosed as HIV-positive, which resulted in an enforced sentence to pay moral damages and lost wages to the worker concerned. The Committee notes this information, which addresses its previous request.

Sex. National gender equality policy. The Committee notes the information provided by the Government on the implementation of the 2023–26 Action Plan of the 2018–30 National Policy for effective gender equality (PIEG), which includes measures such as: (1) the promotion and monitoring of women’s labour rights, including the training of labour inspection and judicial officials (32 per cent of such officials in 2023 and 98 per cent in 2024); (2) the employment mediation and guidance services offered to women through the National Employment Agency (ANE), with an information registry disaggregated by sex, occupation and region; (3) the allocation of resources to support women’s entrepreneurship and women-led enterprises, provided to 10,427 women in 2023; (4) technical training for 3,824 women in care occupations and STEAM (science, technology, engineering, arts and mathematics) areas, as well as measures to facilitate women’s access, retention and graduation in STEAM careers; and (5) training provided through the Gender Equality Seal programme to public and private institutions to close gender gaps. The Committee welcomes the Government’s updated statistical information on labour market participation for 2021–24, which shows that the activity rate for women in 2024 was 45 per cent, compared to 68.7 per cent for men, while the employment rate reached 41.5 per cent for women compared to 64.3 per cent for men. The Committee notes that the CMTC and CSJMP refer to Bill No. 24.290, which provides for an extension of the normal working day to 12 hours in certain cases, which could affect access to employment and occupation for women, whose unemployment rate already exceeds that of men. It also observes the recommendation of the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) to the State party to “strengthen initiatives to promote women’s equal representation in the private sector, including by providing financial incentives for private companies to adhere to the Gender Equality Seal, the Gender Parity Initiative and the Women’s Empowerment Principles, as well as for the recruitment of women to leadership positions, including in non-traditional sectors” (CEDAW/C/CRI/CO/8, 2 March 2023, para. 32(c)). The Committee requests the Government to report on the results of the 2023–26 Action Plan of the PIEG and other measures taken to continue to promote gender equality in employment and occupation. It also requests the Government to provide its comments on the observations of the trade union confederations regarding the possible negative impact on women’s access to employment of Bill No. 24.290.

Sexual harassment. The Committee notes the Government’s indication that, between 2022 and 2025, the National Labour Inspectorate handled a total of 80 cases of sexual harassment, achieving compliance with inspection orders in 48.3 per cent of them. It also notes the information relating to the judiciary, according to which 67 complaints were filed in 2024 (61 by women and six by men) and 20 complaints were filed between January and April 2025 (18 by women and two by men). The Committee also notes the Government’s information that, in relation to cases concluded in 2024, the penalties imposed by the judiciary included two three-month suspensions and three suspensions of three to eight days, while the other proceedings are still under way. In addition, the Ministry of Labour and Social Security (MTSS) has carried out awareness-raising activities, including eight talks on sexual and work-related harassment. The Committee notes that the UCCAEP refers to the need for greater publicity and visibility of the promotion and awareness-raising activities on sexual harassment, and that the CMTC and CSJMP indicate that cases of sexual harassment have increased in the public sector, and refer to data from the Office of the Ombudsperson, showing that the number of cases settled rose from 225 in 2021 to 452 in 2023. The Committee welcomes the information provided and trusts that the Government will take specific reinforced measures, particularly in the public sector, to effectively prevent, investigate and penalize sexual harassment at work. It requests the Government to continue to provide information in this regard.

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

Articles 1 to 4. Gender pay gap and occupational segregation. The Committee notes with interest the information in the Government’s report that the gender pay gap in Costa Rica decreased to 6 per cent in 2023, compared to an average of 9 per cent in the previous decade, and that, according to OECD data, the income gap between men and women working full-time was only 1.4 per cent, one of the lowest in the region and below the OECD average (12 per cent). The Committee also notes the Government’s information on measures promoted by the National Women’s Institute (INAMU), including the FOMUJERES programme, which aims to support women’s economic empowerment, the Gender Equality Seal and the online course on gender equality at work, as well as the creation of the Social-Labour Recognition System (SIRESOL), which, in 2024, accredited nine enterprises and institutions with best labour practices. In addition, the Committee notes that the CTRN, CMTC and CSJMP claim that in most economic activities and occupational strata, women are paid less than men, with women earning lower wages than men in 11 out of 14 occupational activities in the country. Lastly, the Committee notes with interest that, in response to its previous observation on the language used in the list of minimum wages, in 2025 the National Wage Council undertook, with the technical and financial support of the ILO, a project to update occupational profiles with a gender perspective, aimed at eliminating discriminatory connotations and biases in the creation of the profiles and at developing a methodological guide for job evaluation. In the light of this information,the Committee requests the Government to continue to provide information on: (i) the progress made in reducing the pay gap and the measures taken to address gender-based occupational segregation; and (ii) the tangible results of the project to update occupational profiles undertaken by the National Wage Council.

Conventions Nos 100 and 111 – Application in practice

Enforcement. The Committee notes the information provided by the Government, according to which: (1) between 2022 and 2024, 41 complaints of discrimination were registered, all in the private sector, on grounds including disability, gender, pregnancy, sexual orientation, gender identity, pay discrimination and the provision of incentives; in addition, 30 cases of gender pay gaps were identified, either reported to or detected by labour inspectors; (2) the Integrated Digital System of the National Labour Inspectorate (2024) was implemented, which will make available more detailed data on complaints of discrimination in employment; (3) between 2021 and 2024, the MTSS coordinated training on gender-based discrimination for over 10,000 people; and (4) a specialized labour inspection unit with a gender perspective has been established, which conducted 383 inspections in 2024. The Committee trusts that the measures adopted will continue to improve enforcement of the Conventions.

Part II. Convention No. 156

Articles 1 and 2. Scope of application. Application to all categories of workers.The Committee notes that, in response to its previous comments, the Government indicates that there are no special regulations guaranteeing the application of measures for workers with family responsibilities to self-employed workers and other persons who do not have an employment relationship. Nevertheless, the Government notes that institutional programmes, measures and benefits do not exclude them and can be applied to the relevant type of employment. The Committee notes the information provided by the Government that, although the Labour Code excludes own-account workers from the requirement to take out occupational risk insurance, the National Insurance Institute offers the possibility of taking it out voluntarily, and that since 2024 it has been working on digital alternatives to facilitate affiliation from 2025 onwards. The Committee trusts that the Government will take the necessary measures to ensure that self-employed workers and other atypical categories of employment can effectively benefit from the protection envisaged in the Convention.

Article 3. Discrimination against workers on grounds of family responsibilities. National policy. The Committee notes the information provided by the Government, which shows that: (1) based on the PIEG and Act No. 9862 on the balance of work and family life, the 2023–26 Action Plan to this policy was developed, Part 2 of which is focused on social co-responsibility for care and includes measures such as the creation of new forms of care, the co-payment scheme, care cooperatives led by women, cash transfers to women carers living in extreme poverty, as well as the promotion of active roles of fathers and the measurement of unpaid domestic work; (2) according to the 2023 state of the nation report, the proportion of women aged 35 to 59 not in work due to family obligations rose from 49 per cent to 62 per cent between 2019 and 2023, while for men it rose from 4 per cent to 12 per cent; and (3) the same report identifies legal, financial and organizational obstacles that limit the expansion of the National Child Care and Development Network (REDCUDI), provided for in Act No. 9220, aimed at facilitating the integration of parents into work and education by providing access to child care and development services. The Committee also notes the report on actions carried out in 2023, which mentions: (1) assistance provided to 48,857 people through existing care services; (2) 74 awareness-raising activities led and 18 training sessions led in social co-responsibility for care, reaching 20,778 people; (3) the adoption of 52 measures in state institutions and enterprises (nursing rooms, grants, timetable changes, projects); and (4) progress in pilot projects, such as the establishment of care cooperatives and the development of the digital platform, Cuidar.cr, to match supply and demand for care services. The Committee welcomes the information provided by the Government in response to its previous comments.

Article 4(b). Equality of opportunity and treatment in terms and conditions of employment and in social security. Leave entitlements. The Committee notes the information provided by the Government that: (1) new Act No. 10.192 of 2022, which creates the national care and support system for dependent adults and older persons, supplements the schemes under the Labour Code, Framework Act on Public Employment No. 10159 and Act No. 7756 on benefits for those responsible for terminally ill patients and seriously ill children; (2) between 2024 and 2025, within the framework of the Framework Act on Public Employment, a total of 2,715 periods of leave and absence, 73 per cent of which were for women, and out of 700 cases of leave to care for a sick family member, 579 were for women, while 314 women took up maternity leave and 229 men took up paternity leave. The Committee notes this information and requests the Government to provide information on the measures envisaged or adopted to promote greater use of paternity leave by men, both in the public and private sectors.

Article 5. Childcare and family services and facilities. The Government indicates that: (1) in 2023, in the framework of the 2023–26 Action Plan under the PIEG, care services were provided to a total of 48,857 persons, including 45,856 minors and 3,001 persons with disabilities, and the annual coverage of services for child care and development reached 65,008 children between 2023 and 2024; (2) 2,518 women carers living in extreme poverty received cash transfers and were granted various subsidies, including for reasons of severe dependency; (3) the technical secretariat of the National Child Care and Development Network (REDCUDI) is developing a process to geo-reference existing care alternatives in the country, with the aim of better identifying service provision; and (4) the National Directorate for nutrition and education centres and for comprehensive child care centres (CEN-CINAI) has made significant progress in equipping new facilities for child care and development. The Committee notes this information.

Article 6. Information and awareness-raising. The Committee notes the information provided by the Government that: (1) between 2022 and 2025, the National Women’s Institute (INAMU) posted information flashes on social co-responsibility for care, and developed information systems through various social networks, reaching more than 2.8 million people at the national level; and (2) between 2021 and 2025, the Gender Equality Unit of the MTSS provided internal training for 459 public officials and external training for 3,267 persons from public institutions, professional bodies, foundations, trade union confederations and private enterprises. The Committee notes this information.

Article 7. Vocational guidance and training. The Government indicates that, according to the National Learning Institute, each year between 2020 and 2024, there were 16,000 to 19,000 training participants who, when enrolling in training activities identified themselves as heads of household, with men being in the majority in each year. However, the Committee notes the Government’s indication that it has no information on specific vocational guidance and training measures aimed at helping workers with family responsibilities to enter, remain or re-enter the workforce after an absence because of such responsibilities. The Committee requests the Government to provide information on measures relating to vocational guidance and training to enable workers with family responsibilities to enter and remain in the workforce, as well as to re-enter it after an absence because ofsuch responsibilities.

Article 8. Protection from termination of employment. The Committee notes the Government’s indication that no complaints of dismissal of workers on grounds of family responsibilities have been identified in the registry of the Integrated Digital System of the National Labour Inspectorate and that the judiciary does not have information in that respect. The Committee notes this information.

Article 9. Collective agreements. The Committee notes the information provided by the Government that, between 2022 and 2025, 12 collective agreements in the public sector and 14 in the private sector were approved, which included provisions aimed at facilitating the balance of work and family responsibilities, such as leave and absences for the birth or adoption of children, serious illness of family members, death, marriage and emergencies. The Committee trusts that the Government will continue to adopt measures in the context of collective bargaining that effectively promote the balance of workers’ work and family responsibilities. The Committee notes this information.

Article 11. Participation of employers’ and workers’ organizations. The Committee notes the Government’s information that, within the framework of collective bargaining and the implementation of good practices, measures have been agreed upon to facilitate the balance of work and family life. The Committee also notes the Government’s indication that, during the process of preparing Bills, both national institutions and the most representative workers’ and employers’ organizations may be consulted. The Committee notes this information.

Application in practice. The Committee notes the Government’s indication that it has not been possible to identify court decisions implementing the Convention. It also notes the information provided by the National Labour Inspectorate that, in the context of inspections conducted in workplaces, not only do inspectors explain to employers the good practices that may be implemented to support workers with family responsibilities, but they also encourage empathy among those who do not have such responsibilities, so that they provide support to those who do. With regard to statistical data, the Committee refers to its comment in the paragraph concerning discrimination against workers on grounds of family responsibilities (national policy). The Committee trusts that the information and awareness-raising measures to be adopted in accordance with Article 6 of the Convention will allow for wider dissemination of the legislation and better understanding of the rights of workers with family responsibilities. The Committee notes this information.

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

The Committee notes the observations made by the Costa Rican Federation of Chambers and Associations of Private Enterprise (UCCAEP), transmitted with the Government’s report. It also notes the observations of the Confederation of Workers Rerum Novarum (CTRN), the Costa Rican Workers’ Movement Central (CMTC) and the Juanito Mora Porras-ANEP Social Centre (CSJMP), received on 1 September 2025. The Committee requests the Government to provide its comments in this respect.

Articles 1 and 2 of the Convention. Principle of equal remuneration for women and men for work of equal value. Legislation. The Committee notes that the Government recalls that Act No. 9677 of 2019 sets forth the obligation to recognize the same wage for work of equal value (section 14). The Committee observes, however, that this section provides that “women shall have the right to equal wages to men, in both the private and public sectors, for work of equal value for the same employer”. In this respect, the Committee recalls that in order to give full effect to the principle of the Convention, the comparison between jobs must also be made among different employers. In this context, the Committee requests the Government to take the necessary measures to ensure that the principle of equal pay for work of equal value can be applied more widely than to a single employer, and to provide information in this respect.

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

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

The Committee notes the observations of the Costa Rican Federation of Chambers and Associations of Private Enterprise (UCCAEP), communicated with the Government report.

Articles 1(b) and 2(2)(a) of the Convention. Equal remuneration for men and women for work of equal value. Legislation. The Committee notes the Government’s indication in its report that: (1) Act No. 9677 of 2019 amends Act No. 7142 on promoting social equality for women, and that section 14, as amended, establishes that “[w]omen shall have the right to equal wages to men, in both the private and public sectors, for work of equal value for the same employer, whether it concerns the same position or different positions of equal value, or functions that are equivalent or equivalent to a reasonable degree”; (2) section 167 of the Labour Code and Act No. 9677 are understood to be interrelated and complementary, and the amendment of section 167 of the Labour Code is currently before the Legislative Assembly (draft Act No. 22522) for examination. The Committee notes the observations of the UCCAEP, that the amendment proposed in draft Act No. 22522 could result in legal uncertainty by failing to establish objective parameters for determining whether the tasks and functions performed are of equal value. While welcoming the Government’s efforts, the Committee wishes to recall that the principle of the Convention is not limited to comparisons between men and women in the same establishment or enterprise but allows for a much broader comparison to be made between jobs performed by men and women in different places or enterprises or for different employers (2012 General Survey on the fundamental Conventions, paragraph 697). The Committee requests the Government to take measures to ensure that the principle of equal remuneration for work of equal value allows comparison between work performed for different employers. It further asks the Government to report on: (i) the amendment process for section 167 of the Labour Code; and (ii) how it envisages the process of objective evaluation of jobs in different sectors for the effective application of the principle of the Convention.

Articles 1–4. Gender pay gap and occupational segregation. The Committee notes the information provided by the Government, that: (1) Costa Rica has joined the Equal Pay International Coalition (EPIC), and within that framework has requested ILO technical assistance to establish a method to measure the pay gap; (2) Act No. 9677 created the Inter-institutional Commission on Wage Equality for Men and Women and provides for the incorporation of the wage equality indicator into the National Statistics and Census Institute labour market studies in order to periodically evaluate the reasons for the wage gap between men and women and establish appropriate measures; (3) the gender perspective will be included in the labour market studies used to define occupational profiles, in order to classify the latter and place them correctly within the structure of the Decree on Minimum Wages; (4) the Wages Council applied additional increments to the minimum wage for women domestic workers, compared with that paid for unskilled workers, reducing the gap between the minimum wage paid to both groups from 31.92 per cent in 2014 to 24.23 per cent in 2022; (5) the Gender Equality Label is still functioning. The Committee also notes the observations of the UCCAEP that the Gender Equality Labels are burdensome, especially for micro, small and medium-sized enterprises. The Committee requests the Government to continue providing information on the measures adopted to reduce the pay gap between men and women, and to provide statistical information making possible an evaluation of progress achieved. The Committee also requests information on the specific measures adopted or envisaged to address occupational segregation.

The Committee recalls that, in its previous observation, it had noted the Government’s indication that the National Wage Council had agreed on a tripartite basis to amend the proposed list of minimum wages to incorporate inclusive terminology and a gender focus, without confusing activities with occupations. It observes however that the list of minimum wages for 2022 still maintains gender stereotypes by using the denomination of occupations with gender connotations (for instance, the Spanish terms “cerrajero” (locksmith), “conductor” (driver), “operario en construcción” (construction worker), “limpiador de piscinas” (swimming pool cleaner), “costurera” (tailor), “empleada doméstica” (domestic worker) and “secretaria” (secretary)). The Committee therefore once again encourages the Government to amend the denomination of occupations and employment in the list of minimum wages to eliminate gender connotations and use gender-neutral terminology.

Application in practice. The Committee notes the information provided by the Government on the number of cases of wage discrimination identified by the National Directorate of Labour Inspection (DNI), disaggregated by region and sector. The Government also highlights certain measures to strengthen the capacity of the inspection service, such as: (1) the elaboration of inspection guidelines including a gender focus; (2) the inclusion of 18 gender-related violations in the Catalogue of Violations; and (3) the training of a team of women inspectors specialized in gender issues. The Committee also notes the draft Act to amend section 69(a) of the Labour Code (file No. 21170), which seeks to place an obligation on employers to report on wage gaps between men and women; and provides penalties for wage discrimination based on gender. The Committee requests the Government to provide information on: (i) the manner in which the gender-focused tools adopted address the principle of equal remuneration for men and women for work of equal value; and (ii) the cases identified and complaints received of wage discrimination, as well as any penalties imposed, and remedies granted.

Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

Article 1(b) of the Convention. Equal remuneration for men and women for work of equal value. Legislation. The Committee has been referring for nearly three decades to the need to amend article 57 of the National Constitution, which provides that; “Wages shall always be equal for equal work under identical conditions of efficiency”, and section 167 of the Labour Code, which provides that “Equal wages shall be paid for equal work performed in the same job and under equal conditions of efficiency and working time, including daily payments, remuneration received, services such as housing and any other benefits granted to workers in exchange for their regular work.” The Committee recalls that the principle of equal remuneration for equal work set out in these legislative provisions is more limited than the principle of equal remuneration for men and women for work of equal value provided for in the Convention. The Committee notes the Government’s indication in its report that these regulatory provisions define qualities and characteristics that respect the principle of the Convention, as they were developed on the basis of objective criteria, and divided into occupational profiles that include jobs of an entirely different nature with no distinction of any kind. The Government adds that the above-mentioned occupational profiles are based on a detailed study and in accordance with specific labour conditions, considering various aspects, including environmental factors, complexity, difficulty, responsibility, consequences of errors, required experience and risk. In this respect, the Committee wishes to stress that, whatever the methods used for the objective evaluation of jobs, special care must be taken to guarantee that they are free from gender bias. It is important to ensure that the selection of factors for comparison, the weighting of those factors and the comparison itself are not discriminatory, whether directly or indirectly. Often, capacities considered to be “feminine”, such as manual dexterity and skills related to caring for people, are undervalued or not even taken into account, in comparison with traditionally “masculine” capacities, such as the handling of heavy objects. Noting with regret that section 167 of the Labour Code has still not been amended, the Committee urges the Government to take the necessary measures to give full legislative expression to the principle of equal remuneration for men and women for work of equal value, and to ensure that the methods of evaluation adopted are free from gender bias.

Articles 1 and 2. Gender pay gap and occupational segregation. In its previous comments, the Committee referred to the significant pay gap (20 per cent on average, and up to 39 per cent in certain sectors, such as manufacturing), and the high level of occupational segregation on the basis of gender that exists in the country. In this respect, the Committee notes that the Government has provided information on the current trends in the gender pay gap by branch of economic activity and level of employment, which shows that, with regard to horizontal segregation, in 2017 in service activities, for each Costa Rican colons (CRC) earned by a woman, a man earned CRC1.88, meaning that men earned 88 per cent more than women in the same branch of economic activity. Similarly, in sectors such as agriculture, forestry, fishing and manufacturing, the wage gaps were CRC1.16 and CRC1.23 in the same period. Regarding vertical segregation by occupational group, in 2017, for directors and managers the gap was CRC1.42, for professionals and scientists it was 1.02 and for officials and workers it was 1.43. Furthermore, the Confederation of Workers Rerum Novarum (CTRN), the Costa Rican Workers’ Movement Confederation (CMTC) and the Juanito Mora Porras Trade Union Federation (CSJMP), report that a woman with a postgraduate degree barely earns the average salary of a man with an undergraduate degree. The Government indicates that the explanation for this gap lies in the low representation of women in the above-mentioned sectors and groups. The Committee notes that the Government recognizes these differences and indicates that it is taking measures to address them. Among those measures is the Plan of Action and Public Policy for Gender Equality and Equity (PIEG), the second Institutional Plan of Action for Gender Equality and Equity (2016–20) and the gender equality label and the award for good labour practices for gender equality. In 2017, the first label was granted and 15 awards for good gender equality practices were issued. The foundations are also being laid for the implementation of the National Policy for Effective Equality between Women and Men in Costa Rica (2018–30). Furthermore, the Committee notes that in April 2019, the State ratified the Inter-American Convention Against All Forms of Discrimination and Intolerance. The Committee observes that, despite all these initiatives, the figures provided by the Government between 2010 and 2017 demonstrate a consistent gender pay gap. The Committee further notes that the United Nations Committee on the Elimination of Discrimination against Women (CEDAW), in its concluding observations, expressed concern about the persistence of occupational segregation, the concentration of women in low-paid jobs and the significant gender wage gap (document CEDAW/C/CRI/CO/7, 24 July 2017, paragraph 28(a)). Under these conditions, the Committee requests the Government to provide detailed information on the specific measures adopted or envisaged to more effectively address the structural causes of wage gaps between men and women and to promote the principle of the Convention. In this respect, the Government is requested to provide information on the impact in practice of the activities undertaken to reduce wage gaps between men and women, such as education and training measures for women to enable them to access a wider range of jobs with career prospects and higher salaries, including in sectors dominated by men. The Committee requests the Government to continue providing detailed statistical information on the levels of remuneration in the various economic sectors, disaggregated by sex and occupational category, so that it can evaluate the progress made.

The Committee has also noted that in the list of minimum wages by sector the denominations of occupations are given in a generic masculine form, with the exception of certain occupations, such as hairdresser, maid, secretary, weaver, seamstress, manicurist and child minder, which are expressed in the feminine form. In this regard, the Committee notes the Government’s indication that the National Wage Council agreed on a tripartite basis to amend the proposed list of minimum wages to incorporate inclusive terminology and a gender focus, without confusing activities with occupations. The Committee hopes that the changes will be made without delay and requests the Government to communicate the changes made to the lists of minimum wages that include the removal of the denomination of occupations and jobs with gender connotations.

Application in practice. In its previous comments, the Committee requested the Government to indicate the results of inspections carried out with a gender perspective and to provide information on whether they had detected cases or received complaints of wage discrimination between men and women, and the circumstances, categories of employment and measures adopted in that regard. The Committee refers to its comments under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111). Nevertheless, the Committee requests the Government to report whether labour inspectors have detected cases or received complaints of wage discrimination between men and women, with an indication of the categories of employment and the corrective measures adopted in that regard.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Articles 1 and 2 of the Convention. Gender pay gap and occupational segregation. The Committee recalls that in its previous comments it referred to the significant pay gap (20 per cent on average, and reaching 39 per cent in certain sectors, such as manufacturing), and the high level of occupational segregation on the basis of gender that exists in the country. The Committee notes that the Government has not provided information on current trends in the pay gap by sector. However, the information provided by the Government shows that in 2014 the gap by occupational level among directors and managers was 13.31 per cent and 18.9 per cent for professionals and scientists and 28.3 per cent for mid-level technicians and professionals. With regard to occupational segregation, the Committee notes the information provided by the Government on occupational categories, the number of employed persons and average hourly earnings, disaggregated by gender. The Committee notes that this information shows significant vertical occupational segregation. For example, 64.3 per cent of managerial level employees are men and 35.7 per cent are women, with the figures being 57 per cent of men and 43 per cent of women at the professional and scientific levels, and 66 per cent of men and 34 per cent of women for mid-level technical and professional staff, and 54.5 per cent of men and 46.5 per cent of women as administrative support staff. With regard to horizontal segregation, the information provided shows, for example, that 89 per cent of receptionists are women, 70 per cent of cooks are women, 100 per cent of carpenters are men, 100 per cent of childcarers are women and 100 per cent of cleaners and domestic helpers are women. The Committee also notes that in the list of minimum wages by sector for 2015, the denominations of occupations are given in a generic masculine, with the exception of certain jobs, such as hairdresser, maid, secretary, weaver, seamstress, manicurist and child minder, which are expressed in the feminine form. The Committee notes the Government’s recognition of these differences and its indication that it is taking measures to address them. The Government refers, in particular, to the measures taken to increase and protect wages in domestic service, in which a significant number of women work. The Committee further notes the general measures for equality adopted by the Government in the context of the Public Policy for Gender Equality and Equity (PIEG) and the second Institutional Plan of Action for Gender Equality and Equity (2016–20). The Committee requests the Government to take the necessary measures, including within the context of the Public Policy for Gender Equality and Equity (PIEG) and the second Institutional Plan of Action for Gender Equality and Equity (2016–20) to address without delay the significant vertical and horizontal occupational segregation that exists, particularly, through education and training measures for women to enable them to gain access to a broader range of jobs with better career prospects and remuneration, including in sectors in which men are in the majority. The Committee also requests the Government to continue taking measures to eliminate gender stereotypes in the public and private sectors which are hindering the access of women to the labour market, including the elimination of the denomination with gender connotations of occupations and jobs in minimum wage lists. The Committee requests the Government to provide information on the pay gap between men and women, disaggregated by sector and level of occupation, in order that trends can be perceived over the years, and on the specific measures taken to reduce and eliminate the pay gap. The Committee asks the Government to provide information on the effectiveness and results achieved through the measures adopted to address occupational segregation on grounds of gender and to reduce the pay gap.

Application in practice. The Committee notes the Government’s indication that a gender perspective has been included in labour inspection through the Public Policy for Gender Equality and Equity (2012–14). The Committee requests the Government to indicate the results of inspections carried out with a gender perspective and to provide information on whether they have detected cases or received complaints of wage discrimination between men and women, and the circumstances, categories of employment and measures adopted in this regard.

Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

Article 1(b) of the Convention. Equal remuneration for work of equal value. Legislation. The Committee has been referring since 1990 to article 57 of the National Constitution and section 167 of the Labour Code, which set out the principle of equal wages for equal work, which is more limited than the principle of equal remuneration for men and women for work of equal value. In this regard, the Committee notes with deep regret that Legislative Decree No. 9343 to reform labour procedures, adopted on 14 December 2015, which amends various provisions of the Labour Code, does not amend section 167. Furthermore, section 405 of the Legislative Decree provides that “All women workers who perform equal work under subjectively and objectively equal conditions shall benefit from the same entitlements, in terms of working time and remuneration, without any discrimination.” The Committee observes that this provision reaffirms the principle of equal pay for equal work, which therefore continues to be more limited than the principle set out in the Convention. The Committee also notes the Government’s reference in its report to Bill No. 18752 to reform the Act to promote equality for women which, according to the Government, has the objective of setting out explicitly the right of women to “receive equal wages when they perform the same functions or have a job of equal value to that of a man”, and emphasizes the obligation to ensure “equivalent remuneration for men and women in work involving equal functions or the same job”. The Committee once again reiterates that the concept of “work of equal value” provided for in the Convention, includes but goes 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. Comparing the relative value of jobs in occupations which may involve different types of skills, responsibilities or working conditions, but which are nevertheless of equal value overall, is essential in order to eliminate pay discrimination resulting from the failure to recognize the value of work performed by women and men free from gender bias (see 2012 General Survey on the fundamental Conventions, paragraph 673 et seq.). The Committee also emphasizes that the significant occupational gender segregation and the significant wage gap that exist, which are examined in the direct request, illustrate the need to amend the legislation to give full effect to the principle of the Convention. The Committee once again requests the Government to take the necessary measures to amend the legislation to give full legislative expression to the principle of equal remuneration for men and women for work of equal value and to provide information on any progress achieved in this respect. The Committee reminds the Government that it can request the technical assistance of the Office, if it so wishes.

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

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

The Committee notes the Government’s reply to the observations made by the Confederation of Workers Rerum Novarum (CTRN).

Gender pay gap. The Committee recalls that in its comments the CTRN indicated that the average pay gap was 20 per cent (in sectors such as manufacturing, it reached 39 per cent), that women are those who are most widely engaged in part-time work and that two out of every ten women workers are engaged in domestic service. The Committee notes that the Government recognizes the existence of pay gaps between men and women in the various activities and sectors. The Government refers to the measures taken with a view to resolving this situation including, for example, the National Campaign for Compliance with Minimum Wages, which seeks a better distribution of wealth, and training and vocational skills activities so that women can have access to jobs in which there has been a lower level of female participation. The Committee also notes the statistical data provided by the Government, indicating that women’s participation in the labour market is considerably lower than that of men, and that there exists significant occupational segregation. The Committee requests the Government to continue taking measures with a view to increasing the participation of women in the labour market and improving vocational training for women in careers traditionally followed by men. The Committee requests the Government to provide specific information on the impact of these measures in terms of reducing the gender pay gap.

Application in practice. The Committee requests the Government to provide specific information on the awareness-raising measures undertaken with a view to reducing occupational sex segregation and the gender pay gap and giving full effect to the principle of equal remuneration for work of equal value, as set forth in the Convention.

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

The Committee notes the Government’s reply to the observations made by the Confederation of Workers Rerum Novarum (CTRN).

Article 1(b) of the Convention. Equal remuneration for work of equal value. Legislation. The Committee has been referring for a number of years to article 57 of the National Constitution and section 167 of the Labour Code, which set out the principle of equal wages for equal work. The Committee notes that the Government’s report does not contain any new elements in this regard. The Committee once again reiterates that the concept of “work of equal value”, on which the Convention is based, includes but goes beyond equal remuneration for “equal”, “the same” or “similar” work, and also encompasses work that is of an entirely different nature, which is nevertheless of equal value (see the General Survey of 2012 on the fundamental Conventions, paragraph 673 et seq.). The Committee once again asks the Government to take the necessary measures to amend the legislation to give full legislative expression to the principle of equal remuneration for men and women for work of equal value and to provide information on any progress achieved in this respect. The Committee reminds the Government that it can request the technical assistance of the Office, if it so wishes.

Occupational sex segregation. The Committee notes that in its observations the CTRN indicated that, although women have a higher educational level, they have not been able to gain access to more and better job opportunities or better wages, and that there exists a high level of occupational segregation, which is demonstrated, for example, by the fact that 20 per cent of women and less than 3 per cent of men are employed in domestic service and approximately 12 per cent of women and 4 per cent of men are employed in the education sector. The Committee notes the Government’s information on training activities for women on work and jobs traditionally undertaken by men. The Government nevertheless adds that occupational segregation is a response to circumstantial and cultural elements and that the Decree on minimum wages determines wages irrespective of the sex of those employed. The Committee noted in its previous observation the occupational profiles which, according to the Government, involved the grouping of various occupations into 23 categories, which are then subdivided into unskilled, semi-skilled and skilled. The Committee notes that the Government reiterates that these occupational profiles have been developed based on objective criteria and grouping together a broad range of occupations. The Government indicates that it is not yet able to determine the distribution of men and women for each occupational profile. The Committee notes the statistical data provided by the Government, which demonstrates the existence of occupational segregation, with most women being engaged in the commercial, teaching and services sectors. The Committee recalls that historical attitudes towards the role of women in society, along with stereotypical assumptions regarding women’s aspirations, preferences and capabilities and “suitability” for certain jobs, have contributed to occupational sex segregation within the labour market, with women being concentrated in certain jobs and certain sectors of activity. These views and attitudes also tend to result in the undervaluation of “female jobs” in comparison with those of men who perform different work and use different skills, when determining wage rates (see the General Survey of 2012, paragraph 697 et seq.). The Committee asks the Government to provide a copy of the occupational profiles, and the categories of jobs included in each profile, as well as information on the average wage received for each occupational profile. The Committee once again asks the Government to provide examples of cases in which the Ministry of Labour and Social Security has placed private sector workers in wage categories.

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

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

Gender pay gap. The Committee asks the Government to send statistics disaggregated by sex relating to the remuneration received by men and women in the public and private sectors.

Enforcement. The Committee notes the Government’s indication that the Electronic Case System (SILAC) of the National Directorate for Labour Inspection is operational and inspectors have been trained in its use. However, the Government indicates that this system does not record information disaggregated according to types of discrimination and recognizes that the system needs to be improved in this respect. The Committee asks the Government to continue to supply information on the implementation of the Electronic Case System (SILAC) and hopes that as a result statistics will be available in future relating to the number of complaints of discrimination in employment and occupation and, in particular, discrimination on the basis of gender. The Committee also requests the Government to provide information on the action taken by labour inspectors to ensure full compliance with the principle of the Convention. The Government is also requested to indicate the measures taken to raise awareness of the principle of equal remuneration for men and women for work of equal value.

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

The Committee notes the observations sent by the Confederation of Workers Rerum Novarum (CTRN) on 2 September 2012. The Committee asks the Government to provide its comments in response.

Article 1 of the Convention. Equal remuneration for work of equal value. For a number of years the Committee has been referring to article 57 of the National Constitution, which establishes that wages “shall always be equal for equal work under identical conditions of efficiency”, and to section 167 of the Labour Code, which provides that “quantity and quality shall be taken into account when determining the level of wages for each type of work. Equal wages shall be paid for equal work performed in the same job and under equal conditions of efficiency and working time ...”. The Committee notes that the Government refers to occupational profiles and indicates that these respect the principle of the Convention since they were drawn up on the basis of objective criteria. The profiles are used to determine minimum wages. The Committee recalls that where the issue of wages is the subject of legislation, the principle established in the Convention must be given full legislative expression. The Committee also recalls that the principle of “work of equal value” includes comparisons between jobs which are of a completely different nature, including work performed under different conditions of efficiency and different working time, but which are nevertheless jobs of equal value. The Committee again asks the Government to take the necessary steps to amend the legislation to give full legislative expression to the principle of equal remuneration for men and women for work of equal value and to provide information on any progress made in this respect.

Occupational gender segregation. The Committee notes the information supplied by the Government in relation to the measures taken in the context of the National Policy on Gender Equality and Equity (PIEG) 2007–17, and in particular the corresponding Plan of Action 2012–14, in relation to the development of enterprises and business ventures for rural women and also technical training in fields where women are under-represented. The Government also emphasizes the high rate of participation of women in occupations that require vocational training and formal education. The Committee further notes the Government’s statement that the abovementioned occupational profiles involve grouping various occupations of different types into 23 occupational categories, which are then subdivided into categories of unskilled, semi-skilled and skilled workers, according to their level of training. The profiles constitute a technical tool enabling equal value to be attached to occupations which, despite possessing different features, are similar enough in nature to be grouped into the same occupational category. These are not based on a list of tasks but on the complexity of the work to be done, the experience required, the consequences of error, and on studies and other requirements needed to perform the job. The Government points out that all occupations are open to men and women workers, who receive the same pay, and that any differences in wages relate to different levels of training and education, as well as different levels of responsibility, experience and risks. The Government adds that the officials of the Ministry of Labour and Social Security have the power to define the scope of coverage and to place private sector workers in various wage categories on the basis of labour inspection visits. The Committee observes that the Government refers to statistics which were not attached to its report. The Committee reiterates that the system described by the Government does not appear to take account of the existence of occupational gender segregation, as a result of which certain types of jobs are performed largely or exclusively by women and others by men as a result of tradition or historical and stereotypical attitudes. Occupational segregation tends to result in “female jobs” being undervalued in comparison with work performed predominantly by men. The concept of work of equal value is therefore essential in tackling such segregation since it provides for a broader scope of comparison between different jobs. The Committee therefore asks the Government:

• (i) to specify what criteria are used to place each occupation in a specific occupational profile;
• (ii) to indicate the distribution of men and women in various occupations within each occupational profile, and indicate the manner in which it is ensured that occupations where women predominate are not undervalued;
• (iii) to provide examples of cases in which the Ministry of Labour and Social Security has defined coverage and has placed private sector workers in various wage categories.

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

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

Minimum wage and occupational segregation. The Committee notes the information supplied by the Government indicating that minimum wage decrees draw on the occupational profiles established in Administrative Resolution 03 2000 issued by the National Wage Council. According to the Government, the occupational profiles are an instrument allowing general categories to be applied to specific cases of workers performing specific tasks. The Committee notes that, according to the Administrative Resolution, the profiles give a general explanation of the tasks performed in each of the occupations addressed in the profiles. The Government indicates that although minimum wage decrees include some of the tasks involved in specific occupations, such occupations cannot be regarded as the only ones covered by the category in question. Each category is very broad and covers a whole series of occupations. The Government indicates that the National Wage Council considers that all occupations are open to both men and women workers, and whether the worker is a man or a woman there is no variation in the wage. The Committee notes, however, that it is unclear whether the system described ensures the application of the principle of equal wages for work of equal value, which is broader than the principle of equal wages for equal work. It would appear that the system does not address occupational segregation based on sex, where some jobs are done predominantly or exclusively by women and others by men because of custom or historical attitudes. Occupational segregation tends to result in the undervaluation of “female jobs” in comparison with those jobs performed by men. In order to address such segregation, the concept of “work of equal value” is essential, as it permits a broad scope of comparison. Furthermore, the system under examination gives no indication of the manner in which the wage is established for each category. The Committee, therefore, asks the Government as follows:

• (i) to provide more information on the application of occupational profiles in practice, including statistical information disaggregated by sex on the number of workers included in each of the occupational profiles established and the wages received;
• (ii) to indicate the manner in which the system of occupational profiles established for minimum wage fixing contributes to the application of the principle of the Convention.

The Committee notes the measures taken by the Government to promote equality between men and women, including the measures to overcome gender stereotyping and the certification of jobs traditionally performed by women. According to the Government, women are concentrated in the commerce and services sectors and their participation at professional, scientific and technological level is higher than that of men. The Committee asks the Government to continue to provide information on specific measures adopted to reduce the segregation of women in the labour market, by sector and occupational category, and to indicate the impact that the certification of jobs has had on the job classification for minimum wage purposes.

Enforcement. The Committee notes the information provided by the Government concerning the activities of the labour inspectorate. It notes in particular that 80 per cent of workers who received warnings complied with the orders and penalties imposed. The Committee also notes the training activities provided for judges. The Committee asks the Government to provide further information on the procedures carried out to enforce the application of the principle of the Convention. Furthermore, noting that the Labour Inspection Directorate is piloting an electronic system for cases, the Committee asks the Government to provide information on the impact of this system and on the setting up of a system of data capture forms with respect to better enforcing the principle of the Convention.

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

Article 1 of the Convention. Equal remuneration for work of equal value. The Committee has been referring for a number of years to article 57 of the National Constitution, which establishes that “the wage shall always be equal for equal work under identical conditions of efficiency”, and to section 167 of the Labour Code, which provides that “quantity and quality shall be taken into account when determining the level of the wage for each type of work. Equal wages shall be paid for equal work, performed in the same job and under equal conditions of efficiency and time ...”. The Committee recalls that these provisions do not give full effect to the principle of equal remuneration for work of equal value established in the Convention. The Committee recalls that the concept “work of equal value” includes but goes beyond equal remuneration for “equal”, the “same” or “similar” work, that it does not require work to be performed in the same conditions or with the same efficiency, and that it encompasses work that is of an entirely different nature, which is nevertheless of equal value. Noting that the Government provides no specific information on this matter, the Committee again asks it to take the necessary steps to amend the legislation so as to give full legislative effect to the principle of the Convention, and to provide information on the progress made in this regard.

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

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

Equal remuneration for work of equal value. The Committee notes the Government’s indication that there is a need for a change in the perception of certain jobs which have historically been undervalued. The Committee also notes the Government’s indication that work is being undertaken on the introduction of legislative changes and the harmonization of the national legislation with the principle of equal remuneration for work of equal value as set out in the Convention. The Committee asks the Government to provide specific information on the progress achieved in giving full expression in law to the principle set out in the Convention.

Minimum wages. With regard to the fixing of minimum wages, the Committee notes the Government’s statement that classifications do not give rise to wage discrimination on the ground of gender and that the fact that the demand for a specific job is more female or male, or vice versa, is a characteristic of supply and demand on the market. With reference to this issue, the Committee refers the Government to its 2006 general observation, in which it observes that “historical attitudes towards the role of women in society, along with stereotypical assumptions regarding women’s aspirations, preferences, capabilities and ‘suitability’ for certain jobs, have contributed to occupational sex segregation in the labour market. As a result, certain jobs are held predominantly or exclusively by women and others by men. These views and attitudes also tend to result in the undervaluation of ‘female jobs’ in comparison with those of men who are performing different work and using different skills, when determining wage rates” (paragraph 2). The Committee wishes to emphasize that it is precisely for this reason that it is essential to undertake a comparison of these jobs, examining the various tasks that they involve on the basis of entirely objective and non‑discriminatory criteria to avoid an assessment being tainted by gender bias. The Committee asks the Government to provide information on the manner in which the application of the principle of equal remuneration for work of equal value is ensured in the fixing of minimum wages and how the National Wage Council contributes to the promotion and application of the principle of equal remuneration for men and women for work of equal value, including in the private sector.

With reference to its previous comments concerning the classification of jobs as skilled, semi-skilled and unskilled, the Committee notes the Government’s indication that statistical information is not available on the distribution of men and women in each of the skill and specialization categories used for the fixing of minimum wages. The Committee notes the objective set out in the Plan of Action 2008–12 for the National Gender Equality and Equity Policy of the establishment of an inter-institutional coordination body to promote the access and retention of women in technical and technological careers. The Committee asks the Government to provide further information on the establishment of the coordination body referred to above and its activities, as well as on any other activities carried out to reduce the segregation of women in the labour market by sector and occupational category.

The Committee notes the adoption in July 2009 of Act No. 8726, known as the Paid Domestic Work Act, which amends certain sections of the Labour Code. The Committee notes that, in relation to wages, the Act provides that persons working in domestic service shall receive their wages in cash, which shall correspond as a minimum to the statutory minimum wage for the category as established by the National Wage Council and that the wages paid in kind (accommodation and food) shall under no circumstances be counted as part of the minimum wage established by law. The Committee notes the Government’s clarifications in relation to the classification of domestic work in the Minimum Wage Decree and its inclusion under the heading of “Specific determinations”, and not in the category of “unskilled worker”. The Committee notes that, as part of the activities envisaged in the Plan of Action 2008–12 for the National Gender Equality and Equity Policy, certification is to be introduced for at least three types of work traditionally carried out by women through the certification programme of the National Learning Institute (INA). In this respect, the Committee notes that the possibility of extending the certification process to domestic work is being examined with a view to ensuring better contractual conditions and compliance with labour rights, and so that wages are determined in accordance with acquired experience and abilities. The Committee asks the Government to provide further information on the progress achieved in the establishment of this certification process and its impact on the classification of jobs for the purposes of the minimum wage.

Enforcement. The Committee notes that the Government is considering the adoption of measures to help the courts and labour inspectors to ensure the application of the principle of equal remuneration for work of equal value, including the provision of training on the concept of “work of equal value” and its application in practice. The Committee hopes that the Government will be in a position to provide further information on this matter in its next report.

Information entry forms. The Committee notes that, according to the information provided by the Government, due to a series of technical problems, it will not be possible to install the labour information system in most inspection offices until 2010. The Committee hopes that the Government will be in a position to provide further information in this respect in its next report.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

1. Principle of equal remuneration for work of equal value. The Committee notes the Government’s statement that it wishes to make it clear that the national legal system and practice governing the bodies competent for adjusting wage increments for both the public and the private sectors do not allow the establishment of differences between remuneration rates on the ground of the sex of the worker. It also notes that article 57 of the Constitution provides that “The wage shall always be equal for equal work under identical conditions of efficiency”, while section 167 of the Labour Code provides that “The quantity and quality shall be taken into account when determining the level of the wage for each type of work. Equal wages shall be paid for equal work, performed in the same job and under equal conditions of efficiency and time … ”. The Committee reiterates that these provisions are not in conformity with the principle of the Convention. The Convention does not refer to “equal work”, but to the broader concept of “work of equal value”. The concept of “work of equal value” allows work to be compared that is of an entirely different nature, undertaken in different enterprises and sectors, which is nevertheless of equal value. The Committee refers the Government to its general observation of 2006 on the Convention, in particular to paragraph 6 of the observation. The Committee urges the Government to take the necessary measures to amend the legislation by giving full expression to the principle set out in the Convention, and to provide information of progress made in this regard.

2. Minimum wages. In its previous direct request, the Committee asked the Government to provide information on the activities carried out to reduce sectoral and occupational segregation of women in the labour market. The Committee notes that, according to the Government’s report, the National Institute for Women (INAMU) and the Gender Equality Unit have taken action to ensure that the minimum wage of female domestic workers is equivalent to the minimum wage for unskilled workers, and that the National Wages Board approved a percentage increase, which constitutes significant progress. The Committee notes that this constitutes progress as it improves the income of female domestic workers; however, it also raises the question of the criteria used, considering that domestic work involves a series of tasks of varying complexity, and is generally performed by women, is classified as unskilled work. In this respect, in paragraph 5 of its general observation, the Committee indicated that “often skills considered to be ‘female’, such as manual dexterity and those required in caring professions, are undervalued or even overlooked, in comparison with traditionally ‘male’ skills, such as heavy lifting”. The Committee indicated in the same paragraph that, in order to establish whether different jobs are of equal value, there has to be an examination of the respective tasks involved, through which it has to be possible to compare jobs that are very different in nature, but which are nevertheless of equal value. The Committee notes that Decree No. 33437 of the Ministry of Labour and Social Security, in Chapter 2, establishes minimum wages for eight different categories of workers. Please indicate the types of jobs which correspond to each category of minimum wage, with an indication, for example, of those that are considered to be skilled, semi-skilled and unskilled, and please also indicate the distribution of men and women in each of these categories. The Committee would also be grateful if the Government would indicate the criteria that were taken into consideration in classifying domestic work as “unskilled”.

3. Enforcement. The Committee notes that, during the period covered by the report, the records kept by the National Directorate of Inspection do not indicate any complaints relating to the Convention. The Committee considers that the absence of complaints does not mean that the principle set forth in the Convention is applied in practice, especially where this principle is not set out in law. With reference to paragraph 8 of its general observation, the Committee urges the Government to examine the possibility of adopting measures to help judges and labour inspectors guarantee the application of the principle of equal remuneration for work of equal value, including through the provision of training on the concept of “work of equal value” and the manner in which it is applied in practice, and to keep the Committee informed in this respect.

4. Information entry forms. The Committee notes that progress is being made in the redesign of the information entry forms through which data will be entered relating to equal pay in the wages of men and women. In this respect, progress is also being made in the definition of the terms for the design of the labour information system, through which it will be possible to process the data obtained from each regional office of the Directorate of Labour Inspection disaggregated by the sex of the worker concerned. The Government indicates that it hopes this system will be operational by the end of 2007 or the beginning of 2008. The Committee asks the Government to continue providing information on this point.

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

1. Article 2, paragraph 1, of the Convention. The Committee notes the activities conducted by the National Institute for Women (INAMU) and the Gender Equity Unit of the Ministry of Labour and Social Security, in particular to reduce the sectoral and occupational segregation of women in the labour market. The Committee asks the Government to continue to provide information on such activities and on their practical outcomes.

2. Article 2, paragraph 2(a). With reference to point 1 of its previous direct request, in which it referred to the possibility of amending a provision of the Labour Code, the Committee points out that the general principle of equality before the law cannot on its own ensure equal remuneration for men and women for work of equal value. As the Committee observed in its previous comments the Convention is broader in scope than the abovementioned provision since it does not confine itself to comparing “equal” jobs but also covers jobs which have the same “value”. The Committee hopes that in its next report the Government will be in a position to provide information on progress made in amending the Labour Code to bring it into full conformity with the Convention.

3. Complaints. With regard to the outcome of the application of section 3(e) of Decree No. 30392-MTSS, the Committee notes the Government’s statement that the Gender Unit has reported no complaints of discrimination on grounds of sex. It further notes that Presidential Directive No. 010-2003 empowers the labour inspectorate to investigate complaints of discrimination at work. The Committee accordingly asks the Government to keep it informed of the impact of the Decree on the application of the principle of the Convention.

4. “Information entry forms”. The Committee notes the Government’s statement that there has been no significant progress in implementing the “information entry forms” for classifying information by sector of activity and by sex. The Committee would be grateful if the Government would keep it informed of any progress in this matter.

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

The Committee notes the information provided in the Government’s report, the statistical data, and the copies of legal texts.

1. The Committee notes with interest the information provided by the Government on the adoption of Act No. 8107 of 18 July 2001 inserting a new title into the Labour Code respecting the prohibition of discrimination. The Committee notes that new section 619 provides that "all workers who perform equal work shall enjoy the same rights, equal working hours and equal remuneration, without any discrimination on grounds of age, ethnic origin, gender or religion". The Committee wishes to point out that the scope of the Convention is broader than the above provision, as it does not confine itself to comparing "equal" jobs, but also covers those which are of the same "value". The Committee hopes that the Government will envisage the possibility of amending the legislation to bring it fully into conformity with the Convention on this point.

2. The Committee notes that, according to the statistics provided by the Government on the active population classified by sex and occupational group in the public sector in June 2001, there is a marked decline in the participation of women in relation to the number of men, and even in some cases an absence of women in such sectors as animal husbandry, agriculture and fishing; artisanal production, construction, mechanics, graphic arts and skilled manufacturing; the installation and operation of equipment and machinery; and sales on commercial premises and the direct provision of personal services. It also notes that there is a lower percentage of women employed in managerial posts, as they are principally in administrative support work. In this respect, the Committee notes the information provided by the Government in its report indicating that the increase in the wage gap between men and women workers is due to the negative effect on average wages resulting from the concentration of women in low-skilled and lower paid jobs.

3. The Committee reminds the Government that it is also the objective of the Convention to eliminate differences in remuneration in sectors in which jobs considered to be traditionally "feminine" may be undervalued as a result of stereotypes based on gender, or where the access of women to higher skilled and better paid jobs is not encouraged. The Committee trusts that the Government will provide information in its next report on any measures taken to promote and, where appropriate, ensure the application of the principle of equal remuneration for men and women workers for work of equal value, particularly by reducing the segregation of women in the labour market by sector and occupational category.

4. The Committee notes the adoption of Decree No. 30392-MTSS, of 30 April 2002, to optimize the activities of the Gender Equity Unit, established in 2000 in the Ministry of Labour and Social Security. The Committee would be grateful if the Government would keep it informed of any complaints made relating to the application of the principles set forth in the Convention under the terms of section 3(e) of the above Decree.

5. The Committee notes with interest the contents of Ministerial Communication MT-0701-2002, of 6 August 2002, addressed to the National Directorate of the General Labour Inspectorate on the processing of information relating to the application of ILO Conventions, and particularly the information in the Government’s report on the preparation of "information entry forms" to classify information by sector and by gender. The Committee would be grateful if the Government would keep it informed of any progress achieved in this respect and the manner in which this initiative improves enforcement of the requirements of the Convention.

6. The Committee notes the information provided in the Government’s report on the training of high- and middle-level officials in the Ministry of Labour on the labour rights of women; on the campaigns undertaken to disseminate information through the mass media; and on the preparation of a guide of good labour practices. The Committee would be grateful if the Government would provide a copy of the guide on good labour practices with its next report. The Committee also notes that the National Women’s Institute (INAMU), in addition to participating in the above activities, took part in promoting the gender equity label project, the accounting of domestic work, the revision of the household survey to improve its gender aspects and in the National Employment Information, Guidance and Mediation System. The Committee trusts that the Government will continue to provide information on any other activity intended to give effect to the provisions of the Convention.

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

The Committee takes notes of the information provided by the Government in its report and the attached annexes.

1. The Committee notes that, according to the ILO’s labour statistics for 2000, the average wage for women in all sectors of economic activity was 84 per cent of the level for men, representing an increase in the percentage difference between men and women since 1997 which was greater than the increase of the previous year. The Committee asks the Government to provide information with regard to the reasons for this increase and the measures taken to eliminate wage differences and promote application of the principle of equal remuneration for men and women workers for work of equal value.

2. The Committee asks the Government to provide information on measures taken within the national policy for gender equality and equity to promote and guarantee the principle of equal remuneration. Please also indicate any relevant activities being undertaken by the National Women’s Institute to this end.

3. With respect to the fixing of minimum wages, the Committee would be grateful if the Government would provide information regarding the minimum wage applicable in the export processing zones of the country.

4. The Committee notes that the Government’s report does not contain any reply to several of its previous comments and hopes that in the next report full information will be provided concerning the issues raised in its previous direct request regarding the following points.

Regarding the wage scales applicable in the public service, the Committee notes that the wage scale makes no difference or distinction whatsoever based on sex, but evaluates jobs on the basis of the activity or content thereof, in conformity with Article 3 of the Convention (see the 1986 General Survey on equal remuneration, paragraph 21). The Committee asks the Government to supply information, including statistics, on the distribution of men and women in the public service, disaggregated by rank and occupation.

The Committee would be grateful to continue receiving information on the activities of the National Directorate of the General Labour Inspection, in particular on the number of inspections carried out in respect of equal remuneration, the infringements reported and the measures taken accordingly.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes the information in the Government's report and the information provided on the National Wage Council, and the copies of the last decrees establishing the minimum wage and wage scales in the public administration.

1. The Committee notes that, according to the ILO's Yearbook of labour statistics of 1999, the average wage for women in 1998 in all sectors of economic activity was at 88 per cent of the level for men, an increase in the percentage difference between men and women as of 1997. The Committee would be grateful if the Government could supply information in its next report on the reasons for this increase and on the measures taken to eliminate wage differences and promote application of the principle of equal remuneration for men and women.

2. The Committee notes the detailed information supplied by the Government on Costa Rican legislation encompassing the principle of the Convention, in particular on the function and the tripartite nature of the National Wage Council. It notes with interest Act No. 7510 of 9 May 1998, which ensures that the Council, in fulfilling its purpose of fixing minimum wages in the country, enjoys full autonomy and legal personality and authority. The Committee notes that Decree No. 27109-MTSS, which regulates minimum wages as of 1 July 1998, makes no distinction whatsoever based on sex. The Committee would be grateful to receive, in the Government's next report, a copy of the decree in force on minimum wages.

3. Regarding the wage scales applicable in the public service, the Committee notes that the wage scale makes no difference or distinction whatsoever based on sex, but evaluates jobs on the basis of the activity or content thereof, in conformity with Article 3 of the Convention (see the 1986 General Survey on equal remuneration, paragraph 21). The Committee requests the Government to supply information, including statistics, on the distribution of men and women in the public service, broken down by rank and occupation.

4. The Committee would be grateful to continue receiving information on the activities of the National Directorate of the General Labour Inspection, in particular on the number of inspections carried out in respect of equal remuneration, the infringements reported and the measures taken accordingly.

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

With reference to its previous direct request, the Committee takes note of the Government's report and the information supplied on the functioning of the National Wage Council and on the labour inspections concerning the application of the Convention.

1. The Committee notes the Government's detailed description of the national legislation encompassing the principle of equal pay for work of equal value, and also notes with interest that, according to the ILO's Yearbooks of Labour Statistics, the percentage difference between women's and men's earnings over the period 1984-93 has improved markedly, from 72 per cent to 90 per cent. The Committee looks forward to receiving more recent statistical data on the progression of women's earnings as a percentage of men's in the next report of the Government.

2. Recalling that its previous direct request had asked for a copy of the wage scales applicable in the public service, the Committee again asks for this information. It would also appreciate receiving a copy of the current Minimum Wage Decree, which the Government stated was attached to its report but which was unfortunately not received.

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

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

1. The Committee urges the Government to supply in its next report the wage scales applicable in the public service and to indicate the distribution of men and women at the various levels of the public administration, so that the Committee can verify that the principle set out in the Convention is applied through the system for determining wages in the public sector.

2. The Committee notes with interest the statistics supplied for 1992, which refer to the average earnings of workers, disaggregated by sex in various sectors and by occupational group. The Committee notes that the average wages of women are lower than those of men in all occupational groups, and particularly in occupations in which few women work; it requests the Government to continue supplying detailed information, where possible, by occupation, sector and skill level.

3. With reference to Act No. 7142 of 1 March 1990 to promote the equality of women, the Committee notes the Government's statement that this Act lays the basis for more effective equality of remuneration. It once again requests the Government to supply information in its next report on the effect given to this Act with regard to equal remuneration for men and women workers for work of equal value. The Committee would also be grateful if the Government would supply information on the criteria which form the basis of the work of the National Wage Council as regards the classification of jobs and the granting of equal wages for work of equal value.

4. The Government onces again states in its report that it is not yet possible to compile and analyse the information referred to in point V of the report form. The Committee once again emphasizes the importance of this information in order to evaluate the manner in which the principle of equal remuneration set out in national law is applied in practice. The Committee would therefore be grateful if the Government would supply information on the measures which it intends to adopt for the effective control of the application of the Convention, particularly through the activities of the labour inspection services and judicial bodies.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee takes note of the Government's report and the information provided in reply to its previous comments, particularly regarding collective agreements.

1. The Committee noted that equal remuneration for men and women is established by law (Constitution and Labour Code) for equal work performed in the same conditions of efficiency. Recalling that under the terms of Article 1 of the Convention equal remuneration applies to work of equal value, even if the tasks are of a different nature, the Committee notes the Government's statement that the equal remuneration principle provided for in the Convention is applied in all sectors by means of legal provisions guaranteeing the minimum wage without discrimination based on sex and of the system for fixing wages which are higher than the minimum. The Committee takes due note of the information provided on this matter. It asks the Government to supply in its next report the salary scales applicable in the public sector, with an indication of the percentage of men and women employed at different levels.

2. With regard to the national job classification which is used as a starting point for fixing wages in various sectors of the economy, the Committee notes the Government's indications that jobs are evaluated objectively using various criteria, as suggested in Article 3 of the Convention. The Committee would be grateful if the Government would provide statistical data concerning the minimum or basic wage rates and the average actual earnings of men and of women broken down, if possible, by occupation, branch of activity, seniority and level of qualifications, as well as information on the percentage of women in the different occupations or sectors.

3. With regard to observance of the provisions of the law governing equal remuneration, the Committee notes the Government's statement that employers are mainly responsible for applying the Convention in practice and that the violation of the provisions on equal remuneration by employers is punished. The Government states that there is no statistical information available on the practical application of the principle. The Committee noted in its previous comments that the Government was unable to provide the information required by point V of the report form, and stresses the importance of such information for assessing how the principle of equal remuneration for work of equal value set out in the national legislation is applied in practice. Consequently, the Committee would be grateful of the Government would provide information on the measures it intends to adopt so as to ensure supervision of the application of the Convention, in particular through the activities of the labour inspection services and judicial bodies.

4. The Committee takes due note of the Act respecting promotion of social equality for women, adopted on 1 March 1990. It notes that sections 1 and 2 of the Act lay down general principles of equality for men and women in all areas of political, economic, social and cultural life and that section 2 refers to the United Nations Convention on the Elimination of all Forms of Discrimination against Women which provides for "the right to equal remuneration, including benefits, and equal treatment in respect of work of equal value, as well as equality of treatment in the evaluation of the equality of work" (Article 11(1)(d)). The Committee asks the Government to provide detailed information in its next report on the implementation of the above-mentioned Act in respect of equal remuneration for work of equal value.

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

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:

The Committee notes the Government's report for the period ending 30 June 1988, and the replies to its previous direct request. It requests the Government to continue to supply detailed information on the progress achieved in the application of the principle of equal remuneration for work of equal value.

1. The Committee notes that article 57 of the Constitution and section 167 of the Labour Code provide for equal wages for equal work performed under the same conditions of efficiency. It requests the Government to supply information on the practical application of the equal remuneration principle to men and women workers performing jobs of a different nature, but of an equal value, both with regard to the public and the private sectors.

2. The Committee refers to the Bill concerning real equality for women which was pending before the Legislative Assembly. The Committee has no information indicating whether this Bill has yet been adopted. It therefore recalls that in its 1989 comments under Convention No. 111, it noted that the Bill contained no provisions guaranteeing equal remuneration for men and women for work of equal value, and expressed the hope that this principle would be included. Please indicate the current status of the Bill.

3. The Committee notes the information supplied by the Government on the system for fixing minimum wages. It requests the Government to supply information on the application of the equal remuneration principle to men and women workers who are remunerated above the minimum wage level, both in the public and the private sectors.

4. The Committee notes with interest from the Government's report that there exists a national classification of jobs which is used as a starting point for fixing wages in various sectors of the economy. It requests the Government to provide it with a copy of that national classification, and to inform it of the practical results thereof in the application of the equal remuneration principle. Please indicate in particular whether it was established on the basis of an objective appraisal of the jobs on the basis of the work to be performed, as suggested in Article 3 of the Convention.

5. As concerns collective agreements, the Committee has examined the extracts of certain agreements forwarded with the report. It notes that none of these extracts contains the remuneration which is to be paid. It therefore requests the Government to include such information in its next report, together with an indication of how the principle of the Convention is applied through these agreements, particularly in sectors employing a high proportion of women workers.

Point V of the report form. The Committee notes from the report that no statistics on violations of the principle of equal remuneration are available from the Labour Inspectorate. It hopes that it will be possible to furnish such statistics in the next report.

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

The Committee notes the Government's report for the period ending 30 June 1988, and the replies to its previous direct request. It requests the Government to continue to supply detailed information on the progress achieved in the application of the principle of equal remuneration for work of equal value.

1. The Committee notes that article 57 of the Constitution and section 167 of the Labour Code provide for equal wages for equal work performed under the same conditions of efficiency. It requests the Government to supply information on the practical application of the equal remuneration principle to men and women workers performing jobs of a different nature, but of an equal value, both with regard to the public and the private sectors.

2. The Committee refers to the Bill concerning real equality for women which was pending before the Legislative Assembly. The Committee has no information indicating whether this Bill has yet been adopted. It therefore recalls that in its 1989 comments under Convention No. 111, it noted that the Bill contained no provisions guaranteeing equal remuneration for men and women for work of equal value, and expressed the hope that this principle would be included. Please indicate the current status of the Bill.

3. The Committee notes the information supplied by the Government on the system for fixing minimum wages. It requests the Government to supply information on the application of the equal remuneration principle to men and women workers who are remunerated above the minimum wage level, both in the public and the private sectors.

4. The Committee notes with interest from the Government's report that there exists a national classification of jobs which is used as a starting point for fixing wages in various sectors of the economy. It requests the Government to provide it with a copy of that national classification, and to inform it of the practical results thereof in the application of the equal remuneration principle. Please indicate in particular whether it was established on the basis of an objective appraisal of the jobs on the basis of the work to be performed, as suggested in Article 3 of the Convention.

5. As concerns collective agreements, the Committee has examined the extracts of certain agreements forwarded with the report. It notes that none of these extracts contains the remuneration which is to be paid. It therefore requests the Government to include such information in its next report, together with an indication of how the principle of the Convention is applied through these agreements, particularly in sectors employing a high proportion of women workers.

Point V of the report form. The Committee notes from the report that no statistics on violations of the principle of equal remuneration are available from the Labour Inspectorate. It hopes that it will be possible to furnish such statistics in the next report.