Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

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

Equal remuneration for work of equal value. The Committee notes the Government’s indication that there is a need for a change in the perception of certain jobs which have historically been undervalued. The Committee also notes the Government’s indication that work is being undertaken on the introduction of legislative changes and the harmonization of the national legislation with the principle of equal remuneration for work of equal value as set out in the Convention. The Committee asks the Government to provide specific information on the progress achieved in giving full expression in law to the principle set out in the Convention.

Minimum wages. With regard to the fixing of minimum wages, the Committee notes the Government’s statement that classifications do not give rise to wage discrimination on the ground of gender and that the fact that the demand for a specific job is more female or male, or vice versa, is a characteristic of supply and demand on the market. With reference to this issue, the Committee refers the Government to its 2006 general observation, in which it observes that “historical attitudes towards the role of women in society, along with stereotypical assumptions regarding women’s aspirations, preferences, capabilities and ‘suitability’ for certain jobs, have contributed to occupational sex segregation in the labour market. As a result, certain jobs are held predominantly or exclusively by women and others by men. These views and attitudes also tend to result in the undervaluation of ‘female jobs’ in comparison with those of men who are performing different work and using different skills, when determining wage rates” (paragraph 2). The Committee wishes to emphasize that it is precisely for this reason that it is essential to undertake a comparison of these jobs, examining the various tasks that they involve on the basis of entirely objective and non‑discriminatory criteria to avoid an assessment being tainted by gender bias. The Committee asks the Government to provide information on the manner in which the application of the principle of equal remuneration for work of equal value is ensured in the fixing of minimum wages and how the National Wage Council contributes to the promotion and application of the principle of equal remuneration for men and women for work of equal value, including in the private sector.

With reference to its previous comments concerning the classification of jobs as skilled, semi-skilled and unskilled, the Committee notes the Government’s indication that statistical information is not available on the distribution of men and women in each of the skill and specialization categories used for the fixing of minimum wages. The Committee notes the objective set out in the Plan of Action 2008–12 for the National Gender Equality and Equity Policy of the establishment of an inter-institutional coordination body to promote the access and retention of women in technical and technological careers. The Committee asks the Government to provide further information on the establishment of the coordination body referred to above and its activities, as well as on any other activities carried out to reduce the segregation of women in the labour market by sector and occupational category.

The Committee notes the adoption in July 2009 of Act No. 8726, known as the Paid Domestic Work Act, which amends certain sections of the Labour Code. The Committee notes that, in relation to wages, the Act provides that persons working in domestic service shall receive their wages in cash, which shall correspond as a minimum to the statutory minimum wage for the category as established by the National Wage Council and that the wages paid in kind (accommodation and food) shall under no circumstances be counted as part of the minimum wage established by law. The Committee notes the Government’s clarifications in relation to the classification of domestic work in the Minimum Wage Decree and its inclusion under the heading of “Specific determinations”, and not in the category of “unskilled worker”. The Committee notes that, as part of the activities envisaged in the Plan of Action 2008–12 for the National Gender Equality and Equity Policy, certification is to be introduced for at least three types of work traditionally carried out by women through the certification programme of the National Learning Institute (INA). In this respect, the Committee notes that the possibility of extending the certification process to domestic work is being examined with a view to ensuring better contractual conditions and compliance with labour rights, and so that wages are determined in accordance with acquired experience and abilities. The Committee asks the Government to provide further information on the progress achieved in the establishment of this certification process and its impact on the classification of jobs for the purposes of the minimum wage.

Enforcement. The Committee notes that the Government is considering the adoption of measures to help the courts and labour inspectors to ensure the application of the principle of equal remuneration for work of equal value, including the provision of training on the concept of “work of equal value” and its application in practice. The Committee hopes that the Government will be in a position to provide further information on this matter in its next report.

Information entry forms. The Committee notes that, according to the information provided by the Government, due to a series of technical problems, it will not be possible to install the labour information system in most inspection offices until 2010. The Committee hopes that the Government will be in a position to provide further information in this respect in its next report.