Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Equal Remuneration Convention, 1951 (No. 100) - El Salvador (Ratification: 2000)

Article 1(a) of the Convention. Remuneration. With reference to its previous request, in which the Committee observed that the term “wages” (salario) in section 119 of the Labour Code is narrower than the term “remuneration” in the Convention, the Committee notes the Government’s indication that it will take its request into consideration with a view to incorporating the definition of remuneration contained in the Convention into national legislation. The Committee also notes the Government’s indication that the various wage supplements that exist in the public and private sectors are applied in accordance with the right of equality set out in article 38(1) of the Constitution. The Committee asks the Government to provide information on any progress achieved in the incorporation into national legislation of the definition of remuneration set out in the Convention.

Article 1(b). Work of equal value. The Committee refers to its previous comments in which it noted that under article 38(1) of the Constitution, section 123 of the Labour Code and section 19 of the Standard Work Regulations for the Private Sector, the principle of equal remuneration for men and women workers applies in cases where the work performed is equal and that it is limited to workers employed in the same establishment or enterprise under identical conditions. In this respect, the Committee reminded the Government that the Convention sets out the principle of equal remuneration for men and women for “work of equal value” which, although it includes the concept of the same work or work under identical circumstances, goes beyond that and also includes work that is of an entirely different nature but which is nevertheless of equal value, also encompassing work performed by men and women in different establishments or enterprises. The Committee notes the Government’s indication that a legislative reform is pending to include explicitly in national law the principle of equal remuneration for men and women for “work of equal value”. With reference to paragraph 6 of its general observation of 2006, in which it emphasized the importance of giving full expression in law to the concept of work of equal value, the Committee urges the Government to bring its legislation into conformity with the principle set out in the Convention and requests it to provide information on any progress achieved in this respect.

Article 2. Public sector. With reference to its previous request concerning the method currently used to determine remuneration in the public sector, the Committee notes that this method is regulated by the Civil Service Act, under which jobs have to be classified for this purpose into similar groups in terms of duties, functions, responsibilities and capacity requirements, efficiency, knowledge, experience, skill level and qualifications (section 65). The Committee nevertheless notes that the Act refers to the objective of granting “the same level of remuneration under similar conditions of work”, which does not appear to be in conformity with the principles set out in the Convention. The Committee hopes that, in the context of the national reform to introduce explicit reference in law to the principle of equal remuneration for men and women for “work of equal value”, the Government will also bring section 65 of the Civil Service Act into conformity with the principle of the Convention.

Private sector. With reference to the supervisory measures adopted by the General Directorate of Labour for enterprises operating in the country, the Committee notes the number of inspections carried out by the Directorate and by its Special Unit for Gender and the Prevention of Discrimination at Work during which, according to the Government’s report, no violations of the principle of equal remuneration were reported. The Committee also notes the preparation of a “Self-assessment Guide for Labour Standards” containing 68 questions relating to compliance with basic labour obligations, including equal remuneration, which is intended to promote voluntary compliance with such standards. The Committee asks the Government to provide a copy of the “Self-assessment Guide for Labour Standards” to which it refers. In the light of the previous paragraphs, the Committee also asks the Government to take the necessary measures to train labour inspectors in the identification of violations of the principle of equal remuneration between men and women for “work of equal value”, in accordance with its general observation of 2006, and asks it to continue providing information on the inspections performed and their outcome.

Collective agreements. With reference to its previous request on the manner in which the General Directorate of Labour promotes the incorporation in collective agreements of the principle set out in the Convention, the Committee notes that the Directorate examines the content of collective agreements when they are received for registration with a view to ascertaining that there is no violation of the principle of equal remuneration, in accordance with section 279 of the Labour Code; where clauses are found that are not in accordance with this principle, they are deemed to be void. The Committee asks the Government to indicate whether the Directorate has identified clauses that are in violation of the principle of equal remuneration for men and women for “work of equal value” and, if so, to provide details.

Article 3. Objective job evaluation. With regard to the method used for the objective evaluation of jobs, the Committee notes the Government’s indication that in the public sector the Ministry of Finance classifies jobs and draws up a descriptive register of functions in the civil service in accordance with section 64 of the Civil Service Act. With regard to the private sector, the Committee notes that the classification of jobs is carried out by enterprises under the supervision of the Directorate of Social Insurance and the Department of Employment of the Ministry of Labour and Social Insurance, and that it is carried out in particular through the employment placement system which endeavours to ensure that enterprises choose the most suitable person in the light of their abilities and without consideration of their gender. The Committee asks the Government to provide a copy of the job classification register drawn up by the Ministry of Finance in accordance with section 64 of the Civil Service Act and asks the Government to ensure that the criteria used for the evaluation of jobs are not undervalued for the skills normally required in jobs that are predominantly undertaken by women. The Committee also asks the Government to provide examples of the job classifications systems adopted in the private sector under the supervision of the Directorate of Social Insurance and the Department of Employment of the Ministry of Labour and Social Insurance.

Article 4. The Committee notes that, according to the Government’s report, there have been no activities carried out by the Higher Labour Council in relation to the Convention. However, the Committee notes the prevention and education campaigns for both workers and employers undertaken by the Directorate of Labour through the social dialogue committees. The Committee asks the Government to continue providing information on the activities of the Higher Labour Council in relation to the Convention and also requests it to provide information on the initiatives carried out by the social dialogue committees.

Parts IV and V of the report form. With reference to the role played by the El Salvador Institute for Women’s Development (ISDEMU), the Committee notes that this body has a Training and Monitoring Unit for the National Women’s Policy which carries out technical advisory, support and management activities with a view to assessing compliance with the principle of equality of opportunity for men and women at work, including the formulation of the National Action Plan for Employment Opportunities, the organization of awareness-raising days for technical staff in the institutions implementing the National Women’s Policy, with an emphasis on the Equal Remuneration Convention, 1951 (No. 100), and the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), and the promotion of access by women, especially in rural areas, to school and technical and vocational training. The Committee asks the Government to continue providing information on the initiatives carried out by the ISDEMU and the impact thereof in promoting the principle of equal remuneration for men and women for “work of equal value”. The Committee would also be grateful if the Government would provide statistical data on the distribution of men and women in the public and private sectors, by income level, branch of economic activity, occupation or occupational group and level of education/qualifications including, where possible, information on the various components of remuneration.

Judicial procedures. The Committee once again asks the Government to provide information on the claims made under section 124 of the Labour Code which entitles workers to seek the equalization of their wages, including the outcome of such claims.