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

Equal Remuneration Convention, 1951 (No. 100) - Guatemala (Ratification: 1961)

The Committee notes the information supplied by the Government in its reports.

1. The Committee notes with interest that article 102(c) of the 1985 Constitution and section 89 of the 1961 Labour Code provide for equal wages for equal work performed under equality of conditions, efficiency and seniority. It recalls that the Convention refers to equal remuneration for work of equal value, and requests the Government to supply information on the practical application of this principle to men and women workers performing jobs of a different nature, but of an equal value.

2. The Committee notes that section 88 of the Labour Code defines wages as the remuneration which the employer must pay to the employee under the contract of employment or employment relation in force between them. It requests the Government to supply information on the scope of the concept "wages", and in particular whether this covers any additional emoluments payable by the employer to the worker arising out of the worker's employment, as specified in Article 1(a) of the Convention. It refers in this connection to the explanations given in paragraphs 14 to 17 of its 1986 General Survey on Equal Remuneration.

3. The Committee notes the detailed information in the Government's report on the fixing of minimum wages. It requests the Government to supply information on the practical application of the equal remuneration principle to men and women workers who are being paid above the minimum wage level.

4. The Committee notes from the report that no statistics are available concerning the application of the Convention, as requested in point V of the Report Form. It hopes that it will be possible to indicate in the next report whether any violations of the relevant legislation have been noted by the labour inspection services.