Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

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

Article 1 of the Convention. Equal remuneration for work of equal value. Legislative measures. With regard to the adoption of measures to give legislative expression to the principle of equal remuneration for men and women for work of equal value, the Committee notes that, according to the Government’s report, the work of the Legal Reforms Subcommittee has been unable to progress, due to the new formation of the Tripartite Commission on International Labour Affairs in October 2006 and the failure of one of the sectors to indicate the names of representatives in due time. The Committee notes that meetings have just begun and that technical and legal analyses of the reforms suggested by the Committee of Experts are being carried out. The Committee draws the Government’s attention to its 2006 general observation on the Convention, paragraph 3 of which states that “‘Work of equal value’ includes but goes beyond equal remuneration for “equal”, the “same” or “similar” work and also encompasses work that is of an entirely different nature, but which is nevertheless of equal value”. Paragraph 6 goes on to state: “Noting that several countries still retain legal provisions that are narrower than the principle as laid down in the Convention, as they do not give expression to the concept of ‘work of equal value’, and that such provisions hinder progress in eradicating gender-based pay discrimination against women at work, the Committee urges the governments of those countries to take the necessary steps to amend their legislation. Such legislation should not only provide for equal remuneration for equal, the same or similar work, but also prohibit pay discrimination that occurs in situations where men and women perform different work that is nevertheless of equal value.” The Committee therefore urges the Government to redouble its efforts to give legislative expression to the principle set forth in the Convention and to keep it informed in this respect.

The Committee is also addressing a request directly to the Government.