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Equal Remuneration Convention, 1951 (No. 100) - San Marino (RATIFICATION: 1985)

Article 1 of the Convention. Equal remuneration for work of equal value. In its previous comments, the Committee noted the Government’s indication that, although the principle of equal remuneration between men and women for work of equal value is not expressly provided for in Law No. 40 of 1981 on gender equality in the labour market, it can, nonetheless, be considered implicitly covered by this legislation in that the Law requires the adoption of common criteria for women and men under the job classification systems used to determine remuneration rates. Given that it remained unclear whether these common criteria would also be applied when comparing jobs of a different nature, the Committee asked the Government to: (i) clarify the coverge of the provision of Law No. 40 of 1981 concerning job classification systems; (ii) indicate any judicial or administrative decisions applying Law No. 40 of 1981 in line with the principle of the Convention; and (iii) provide information on the job classification methods used in accordance with the Law and on the manner in which it is ensured that the criteria followed are not intrinsically discriminatory and do not undervalue jobs traditionally performed by women. The Committee notes that in its report the Government indicates that Law No. 40 of 1981 must be read together with article 15 (equal pay) of Law No. 7 of 1961, which stipulates that women workers shall receive the same remuneration as men for the same work performed. The Government also indicates that, in both the private and public sectors, remuneration levels are determined on the basis of job classification systems that make no distinctions as to the gender of the worker. The Government adds that jobs traditionally considered as “feminine” can be performed also by men workers and the remuneration rates applied will be the same for both men and women. The Committee further notes the Government’s indication that there has been no judicial or administrative decision involving questions of principle relating to the application of the Convention. The Committee recalls that, due to historical attitudes and stereotypes regarding women’s aspirations, preferences and capabilities, certain jobs are held predominantly or exclusively by women (such as in caring professions) and others by men (such as in construction). Often “female jobs” are undervalued in comparison with work of equal value performed by men when determining wage rates. The Committee draws the Government’s attention to the fact that the concept of “work of equal value” is fundamental to tackling occupational sex segregation in the labour market, as it permits a broad scope of comparison, including, but going beyond equal remuneration for “equal”, “the same” or “similar” work, and also encompasses work that is of an entirely different nature, which is nevertheless of equal value. It presupposes the use of appropriate techniques for objective job evaluation to determine value, comparing factors such as skill, effort, responsibilities and working conditions. 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, paragraphs 673–675). Considering that legal provisions that are narrower than the principle laid down in the Convention hinder progress in eradicating gender-based pay discrimination, the Committee urges the Government to amend the legislation so as to fully reflect the principle of equal remuneration between men and women for work of equal value, and to provide information on any developments in this respect. The Committee also requests the Government to provide information on the steps taken to ensure: (i) in cooperation with the social partners, that the provisions of collective agreements observe the principle of the Convention; and (ii) that objective job evaluation methods are used to measure and compare the relative value of different jobs for the purpose of determining remuneration rates in line with the principle of the Convention.

Enforcement. The Committee notes the Government’s indication that the Commission for Equal Opportunities has not undertaken activities related to the principle of the Convention. The Committee asks the Government to provide information on any relevant activities, including public awareness raising and capacity building for enforcement authorities and the social partners on the principle of equal remuneration for work of equal value, undertaken by the Commission for Equal Opportunities or other competent bodies.

Statistics. The Committee notes the information provided by the Government on minimum wages in various industries. It also notes the Government’s indication that no violations have been detected by the labour inspectors. The Committee again encourages the Government to gather and supply statistical information disaggregated by sex on remuneration levels of men and women in the various sectors and occupational categories. The Committee also asks the Government to provide information on any relevant violations detected by the labour inspection services and any other information that could help the Committee gain a general appreciation of the degree of application of the Convention in the country.