Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

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

Article 1(b) of the Convention. Work of equal value. The Committee recalls that it has been referring for a number of years to the fact 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 applies only where the work performed is equal and performed in the same enterprise and under identical circumstances. The Committee notes that pursuant to the Act on equality, equity and eradication of discrimination against women of 8 April 2011, the State shall adopt policies for the “elimination of all wage discrimination between men and women who perform the same job or work”. The Committee also notes the detailed statistical information provided by the Government indicating the existence of extensive occupational gender segregation. The Committee recalls that the Convention refers to the concept of “work of equal value” which, while including the concept of equal work or work carried out under identical circumstances, also encompasses work of a completely different nature, which is nevertheless of equal value, including work performed by men and women in different establishments or enterprises. The Committee further emphasizes that the concept of work of equal value is fundamental in addressing occupational segregation. The Committee refers the Government to its 2006 general observation and to its 2012 General Survey on the fundamental Conventions, in particular paragraphs 672–679. In this regard, the Committee asks the Government to take the necessary measures to give full legislative expression to the principle of equal remuneration for men and women for work of equal value. The Committee asks the Government to provide information on any developments in this respect and on any concrete measures taken or envisaged to reduce the existing marked occupational segregation.

Article 1(a). Remuneration. The Committee has been referring for a number of years to the fact that the definition of “remuneration” set out in section 119 of the Labour Code is narrower than the concept of “remuneration” envisaged in the Convention. Indeed, section 119(2) provides that “sums that the worker may receive occasionally and voluntarily from the employer, such as occasional bonuses or rewards, and sums received in cash, not for the personal benefit of workers nor to meet their needs, or increase their assets, but instead to perform fully their functions, such as costs for representation, transport, working materials or other similar items, do not constitute wages”. While noting the Government’s indication that it is not planned to amend this provision, the Committee recalls that Article 1(a) of the Convention provides that the term “remuneration” includes the “ordinary … wage or salary … and any other emoluments whatsoever payable directly or indirectly, whether in cash or in kind, by the employer to the worker and arising out of the worker’s employment”. Recalling that, in accordance with the Convention, all workers must receive equal remuneration for work of equal value, the Committee asks the Government to provide information about the manner in which it is ensured that the benefits envisaged in section 119(2) of the Labour Code and which, under the terms of that provision, do not constitute wages, are paid to both men and women without discrimination based on sex.

Article 2. Public sector. The Committee notes that no amendments or reforms have yet been adopted for the incorporation of the principle of “work of equal value” into the Civil Service Act. The Committee emphasizes that the concept of “work of equal value” lies at the heart of the fundamental right of equal remuneration for men and women for work of equal value and the promotion of equality (General Survey on the fundamental Conventions, 2012, paragraph 673). The Committee asks the Government to take the necessary measures to include the principle of “work of equal value” in the Civil Service Act and to provide detailed information on the current methods of determining public sector remuneration and on the pay scales applicable to the public sector, with an indication of the distribution of men and women at the various levels.

Article 3. Objective job evaluation. In its previous comments, the Committee requested the Government to provide information on the job classification system in the public and private sectors and to indicate the manner in which it is ensured that the evaluation of jobs is objective and without discrimination on the basis of sex. The Committee notes the Government’s indication that the International Standard Classification of Occupations (ISCO-88) is used in the private sector and that a national system for the classification of occupations has been developed and is administered by the Vocational Training Institute of El Salvador (INSAFORP). The Government adds that the Ministry of Labour and Social Welfare draws up a yearly Official Bulletin on the characteristics of the public employment service and that the Ministry of Labour and Social Welfare has provided training for employment service officials to enable them to assess the profile of jobseekers. While emphasizing that objective evaluation, as set out in the Convention, applies to the work performed and not to the persons carrying it out, the Committee recalls that comparing the value of work performed in different occupations is essential in order to eliminate wage discrimination and that such evaluation should be carried out based on completely objective and non-discriminatory criteria (see the 2006 general observation). The Committee emphasizes that objective job evaluation is important in addressing occupational segregation. The Committee asks the Government to provide information on the manner in which objective job evaluation is carried out in both the public and private sectors, with the aim of ensuring the application of the principle of equal remuneration for men and women for work of equal value.

Part III of the report form. Enforcement. The Committee notes the copies of the self-assessment guide for labour standards and the guide to programmed inspections used by the labour inspection services. The Committee notes that the former publication does not make reference to the principle of “work of equal value”, and that the latter only refers to the concept of “equal work”. The Committee also notes the training activities undertaken by inspectors and the programmed inspections. However, the Committee notes from the information received that in their activities inspectors promote the principle set out in the Labour Code, which is more restrictive than that established by the Convention. The Committee asks the Government to take the necessary measures to ensure that labour inspectors are trained on the principle of equal remuneration for men and women for work of equal value, as set out in the Convention, including on how to detect and address unequal remuneration, and on the concept of “work of equal value”. The Committee asks the Government to provide information on any measures adopted in this respect.

Part IV of the report form. Judicial procedures. The Committee asks the Government to provide information on any court decisions relating to the application of the Convention, and particularly any claims made under section 124 of the Labour Code.

Part V of the report form. Application in practice. In its previous comments, the Committee asked the Government to provide information on the impact of the Plan of Action 2005–09 relating to the application of the principle of the Convention, and on the implementation of the Plan of Action 2010–14. In this regard, the Committee notes the Government’s indication that, according to information provided by the El Salvador Institute for Women’s Development (ISDEMU), the impact of the Plan of Action 2005–09 was moderate because it was not used as a tool to reduce gender inequality or to change public policies with a view to reducing the gender gap: activities were mainly focused on awareness raising of the issue in general, without dealing with the causes or reforming institutions. The Government adds that the objective of the Plan of Action 2010–14 is to provide an effective response to the issue of remuneration, with the aim of achieving wage equity in the medium term. To this end, specific measures will be adopted: an institutional gender diagnosis will be undertaken with a view to mainstreaming equality in state institutions, and indicators will be drawn up to assess the impact of the measures taken. The Committee notes the Government’s indication that, in 2011 and 2012, the ISDEMU prepared two reports as part of the implementation of the women’s policy. The first is “Updated national women’s policy: Measures up to 2014”, focusing on economic independence, employment, income and assets, has the specific objective of wage equality, which implies ensuring the application of the principle of equal wages for equal work, while the second, “Assessment of the autonomy of women in El Salvador: Progress and retrogression on the road to peace, 1992–2012”, describes developments in the participation of women in the labour market and in education. According to the report, there remains cultural gender bias in the determination of income from work. With reference to the institutional gender diagnosis, the Government indicates that the ISDEMU is currently preparing Plans for Equality and the Eradication of Discrimination and the System for Substantive Equality, and is planning to establish gender units in the various state institutions. The Government adds that it is also developing the System of Gender Indicators. The Committee asks the Government to continue providing information on the measures adopted with a view to the implementation of the Plan of Action 2010–14, and particularly on the outcome of the gender analysis of state institutions and the preparation and use of gender indicators. Observing that, according to the report “Updated national women’s policy: Measures up to 2014”, the Plan of Action 2010–14 is based on the principle of equal work, the Committee urges the Government to ensure that all the measures adopted under this Plan are based on the principle of “equal remuneration for work of equal value”, as set out in the Convention.