Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

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

Article 1 of the Convention. Definition of remuneration – Equal remuneration for work of equal value. Further to its previous comments concerning the legislative amendments necessary to ensure the full application of the Convention, the Committee recalls that the definition of “remuneration” set out in section 119 of the Labour Code is narrower than the concept of “remuneration” envisaged by the Convention and that the national legislation restricts the scope of application of the principle of equal remuneration for men and women by determining that it only applies where the work performed is equal and where only workers in a single enterprise or establishment are taken into account under identical circumstances. It also recalls that the Government envisaged legislative reforms with a view to including in the legislation the definitions of “remuneration” and the concept of “work of equal value” as set out in the Convention. The Committee notes the Government’s indication that no progress has been made in this report. Recalling once again that the Labour Code and the Standard Works Regulations for the Private Sector, in their current form, do not give full effect to the principle of the Convention, and referring to its general observation of 2006, the Committee requests the Government to take the necessary measures to ensure that these legislative reforms are adopted in the near future.

Article 2. Public service. With regard to the method used for determining remuneration in the public service based on section 65 of the Civil Service Act, the Committee notes the Government’s statement that the concept of “similar work”, as envisaged in the Civil Service Act, corresponds to the concept of “work of equal value” as set out in the Convention. With reference to paragraphs 3 and 6 of its general observation of 2006, the Committee emphasizes that the concept of “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. It also urges governments to take the necessary steps to amend their legislation so as to reflect the principle set out in the Convention, and to prohibit pay discrimination that occurs in situations where men and women perform different work that is nevertheless of equal value. The Committee further notes that the Government will take its comments into account with a view to including explicitly in the legislation the concept of “work of equal value” and that it will keep the Office informed of any developments in this regard. The Committee hopes that the Government will take the necessary measures in the near future to include in the Civil Service Act the concept of “work of equal value” and it requests it to provide a copy of any draft text prepared for this purpose, and any information relating to the application in practice of section 65 of the Civil Service Act.

Article 3. Objective job evaluation. Further to its previous comments concerning the descriptive register of functions in the civil service and the classification of jobs by the Ministry of Finance, the Committee notes the Government’s indication that, after submitting a request to the General Directorate of the Budget, no registers and no statistical data exist in this field. However, the Government previously indicated that, in accordance with section 64 of the Civil Service Act, the Ministry of Finance is responsible for the classification of jobs and for drawing up the descriptive register of functions in the civil service. The Committee requests the Government to provide clarifications on this subject and to indicate the manner in which it is ensured that the evaluation of jobs is objective and carried out without discrimination on the basis of sex in both the public and the private sectors. In this respect, as the Government’s report does not contain any further information on this subject, the Committee once again requests it to provide information on the job classification systems adopted in the private sector under the supervision of the Directorate of Social Welfare and the Department of Employment of the Ministry of Labour and Social Welfare.

Part III of the report form. Supervision of application. With reference to its previous comments concerning the Self-assessment guide for labour standards and the supervisory measures adopted by the General Directorate of Labour in the private sector, the Committee notes the Government’s reference to the Programmed Inspections Guide (Guía de Inspección Programada) used by the labour inspection services to ascertain the application of the principles set out in the Convention. The Committee also notes the Government’s request for technical assistance relating to the acquisition by labour inspectors of the necessary skills to be able to detect violations of the principle of equal remuneration for men and women for work “of equal value”. Noting this information, the Committee requests the Government to specify whether, and in what manner, the Self-assessment guide for labour standards and the Programmed Inspections Guide envisage supervision of the application of the principle of equal remuneration for men and women for work of equal value. Please provide copies of these guides, where appropriate. The Committee hopes that the requested technical assistance will be provided in the near future and also requests the Government to supply information on any measures adopted or envisaged with a view to training labour inspectors so that they can supervise in the best possible manner the application of the principle of equal remuneration for men and women for work of equal value.

Part IV of the report form. Judicial procedures. With regard to judicial procedures, the Committee notes the Government’s indication that no legal action has been taken under section 124 of the Labour Code, which affords workers the right to seek the equalization of their wages when they have not received wages equal to those paid to workers performing work under identical circumstances. The Committee requests the Government to provide information regarding any claims made under section 124 of the Labour Code and any rulings delivered concerning questions of principle relating to the application of the Convention.

Part V of the report form. Application in practice. With regard to the initiatives taken by the El Salvador Institute for Women’s Development (ISDEMU), the Committee notes the Government’s indication that a new Plan of Action for the period 2009–14 is being implemented. Although, during the period 2005–09, the Plan of Action focused on domestic violence against women, the Government indicates that it is endeavouring to mainstream gender in public policies, particularly by strengthening its programme for change (Programa del Gobierno del Cambio) as a fundamental element in the national development strategy. The programme contains four strategic orientations, namely: (a) promoting the active participation of women; (b) the institutionalization of a gender approach in state bodies; (c) improving the access of women to employment; and (d) supporting the application of gender policies at the municipal level. In this respect, the Committee requests the Government to provide further information on the impact of the Plan of Action 2005–09 on the access of women to employment and any other information relating to the application of the principle of the Convention. Similarly, with regard to the Plan of Action for the period 2009–14, the Committee requests the Government to provide information on its implementation and on any measures or initiatives that are adopted in this context to promote equal remuneration for men and women for work of equal value.