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

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

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.