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

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

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.