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

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

The Committee notes the information supplied by the Government in its first report on the application of the Convention. It asks the Government to provide additional information on the following points:

1. The Committee notes that, in conformity with section 15 of Act No. 7 of 17 February 1961 on the protection of labour and of workers, women's wages shall be equal to men's wages for equal work. It also notes that, under the terms of section 2 of Act No. 40 of 25 May 1981 on the equality of men and women in employment, the occupational classification systems used to determine wages should apply the same criteria for women as for men. The Committee recalls that, according to Article 2 of the Convention, equal remuneration should apply to work of equal value. It would be grateful if the Government would indicate the action taken or contemplated to ensure the application of this principle, especially when, in practice, men and women perform work of a different nature but of equal value. In this respect, the Committee would request the Government to refer to the explanations provided in paragraphs 19 to 23 and 52 to 70 of its 1986 General Survey on Equal Remuneration.

2. The Committee notes that under the terms of section 10 of Act No. 7 of 17 February 1961, collective agreements must specify the minimum rate and the system of remuneration and that, under section 14, remuneration may be based on working time or on piece-work, according to the requirements of the job; the employment contract should establish the guaranteed hourly/weekly minimum wage rate for all categories covered by the contract; remuneration may be determined either partially, or globally, including profit-sharing or productivity bonuses, commissions or payment in kind. Bearing in mind that under Article 1(a) of the Convention, the term "remuneration" includes the ordinary, basic or minimum wage or salary and any additional emoluments whatsoever payable directy or indirectly, whether in cash or in kind, by the employer to the worker and arising out of the worker's employment, the Committee asks the Government to indicate whether, for the purposes of applying the principle of equal remuneration, the benefits and allowances provided under section 14 of Act No. 7 of 17 February 1961 are included in the wage or salary, and how the application of this principle is guaranteed where elements of compensation other than the basic wage or salary are granted,

3. The Committee requests the Government to submit with its next report any documents illustrating the manner in which practical application is given to the principle of equal remuneration set forth in section 15 of Act No. 7 of 17 February 1961. Please communicate, in particular, the text of the provisions fixing minimum wages and wages above minimum wages in the private sector and in the public sector, especially in the case of undertakings and services which employ a large number of women.

4. Article 3 of the Convention. The Committee refers to section 2 of Act No. 40 of 25 May 1981. It requests the Government to indicate the methods followed by the classification systems referred to in this provision to promote objective appraisal of jobs on the basis of the work to be performed, and to supply a copy of existing classifications.

5. Article 4 of the Convention. The Committee asks the Government to supply additional information on the practical results obtained through co-operation with employers' and workers' organisations regarding industrial disputes referred to the Permanent Conciliation Commission, and on the activities of the Placement Commission in respect of the application of the principle of equal remuneration.