Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

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

Minimum wage and occupational segregation. The Committee notes the information supplied by the Government indicating that minimum wage decrees draw on the occupational profiles established in Administrative Resolution 03 2000 issued by the National Wage Council. According to the Government, the occupational profiles are an instrument allowing general categories to be applied to specific cases of workers performing specific tasks. The Committee notes that, according to the Administrative Resolution, the profiles give a general explanation of the tasks performed in each of the occupations addressed in the profiles. The Government indicates that although minimum wage decrees include some of the tasks involved in specific occupations, such occupations cannot be regarded as the only ones covered by the category in question. Each category is very broad and covers a whole series of occupations. The Government indicates that the National Wage Council considers that all occupations are open to both men and women workers, and whether the worker is a man or a woman there is no variation in the wage. The Committee notes, however, that it is unclear whether the system described ensures the application of the principle of equal wages for work of equal value, which is broader than the principle of equal wages for equal work. It would appear that the system does not address occupational segregation based on sex, where some jobs are done predominantly or exclusively by women and others by men because of custom or historical attitudes. Occupational segregation tends to result in the undervaluation of “female jobs” in comparison with those jobs performed by men. In order to address such segregation, the concept of “work of equal value” is essential, as it permits a broad scope of comparison. Furthermore, the system under examination gives no indication of the manner in which the wage is established for each category. The Committee, therefore, asks the Government as follows:

• (i) to provide more information on the application of occupational profiles in practice, including statistical information disaggregated by sex on the number of workers included in each of the occupational profiles established and the wages received;
• (ii) to indicate the manner in which the system of occupational profiles established for minimum wage fixing contributes to the application of the principle of the Convention.

The Committee notes the measures taken by the Government to promote equality between men and women, including the measures to overcome gender stereotyping and the certification of jobs traditionally performed by women. According to the Government, women are concentrated in the commerce and services sectors and their participation at professional, scientific and technological level is higher than that of men. The Committee asks the Government to continue to provide information on specific measures adopted to reduce the segregation of women in the labour market, by sector and occupational category, and to indicate the impact that the certification of jobs has had on the job classification for minimum wage purposes.

Enforcement. The Committee notes the information provided by the Government concerning the activities of the labour inspectorate. It notes in particular that 80 per cent of workers who received warnings complied with the orders and penalties imposed. The Committee also notes the training activities provided for judges. The Committee asks the Government to provide further information on the procedures carried out to enforce the application of the principle of the Convention. Furthermore, noting that the Labour Inspection Directorate is piloting an electronic system for cases, the Committee asks the Government to provide information on the impact of this system and on the setting up of a system of data capture forms with respect to better enforcing the principle of the Convention.