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

Equal Remuneration Convention, 1951 (No. 100) - Brazil (Ratification: 1957)

Gender remuneration gap. The Committee notes from the detailed report provided by the Government that the remuneration gap between men and women for work of equal value has not changed and remains at 17.3 per cent. The Committee notes from the information provided by the Government that, although there has been a considerable increase in the rate of formal employment, in general the participation rate of women in the labour market continues to be over 20 per cent lower than that of men. In this respect, the Committee observes that, according to the information provided, women of African origin continue to be those most affected, particularly by unemployment and the informal economy, even though in 2010 there was a greater increase in their labour market participation than for men of African origin (6.5 compared with 3.1 per cent).

The Committee notes that the Government has provided copies of the equality plans and programmes that it has adopted, some of which have already been examined by the Committee. It has also provided information on the various measures and activities undertaken. Nevertheless, the Committee observes that the Government has not provided specific information on the concrete measures and activities undertaken in the context of the plans and programmes adopted with a view to the application of the principle of equal remuneration for men and women for work of equal value and to reducing the existing wage gap. In this respect, while recalling that it has been requesting this information for many years, the Committee observes that the continued persistence of significant gender pay gaps requires governments, along with employers’ and workers’ organizations, to take more proactive measures to raise awareness, make assessments and promote and enforce the application of the principle of equal remuneration for men and women for work of equal value. Collecting, analysing and disseminating this information is important in identifying and addressing inequality in remuneration (see the General Survey on fundamental Conventions, 2012, paragraph 669). The Committee once again asks the Government to supply detailed information on the specific measures adopted to promote the principle of the Convention and their impact in reducing the remuneration gap between men and women, including information on the following:

• (i) the relevant measures adopted under the second National Plan for Women’s Policies;
• (ii) the relevant measures adopted by the Tripartite Committee on Equality of Opportunity and Treatment for Gender and Race at Work (CTIO) and examples of collective agreements which incorporate the principle of equal remuneration for work of equal value;
• (iii) the relevant measures taken by the National Committee for Equality of Opportunities on the basis of Gender, Race, Ethnic Origin, for Persons with Disabilities and to Combat Discrimination; and
• (iv) the relevant measures taken in the context of the programme of the Ministry of Employment “Promoting equality of opportunity for all”.

The Committee also asks the Government to continue to supply statistical information on levels of remuneration for men and women in the various sectors of activity, disaggregated by occupational category, job and, if possible, by colour and race, so as to enable the Committee to assess the progress made.

Article 3 of the Convention. Objective job evaluation. Noting that the Government’s report does not contain specific information on this subject, the Committee once again recalls that, in order to give full effect to the principle of the Convention, it is important to use objective job evaluation methods which enable different types of jobs to be compared on the basis of entirely objective and non-discriminatory criteria so as to ensure that work predominantly performed by women is not undervalued and is paid at the same rate as work of equal value performed by men (see General Survey, 2012, paragraphs 695, 700–703). The Committee asks the Government to provide information on the steps taken to ensure and promote objective job evaluation.

Parts III to V of the report form. The Committee notes the Government’s indication that during the period 2009–11 labour inspectors only examined one case of wage discrimination. The Committee also observes that the court rulings provided do not refer specifically to the application of the principle of the Convention. The Committee asks the Government to continue providing information on reported violations of the principle of equal remuneration for men and women for work of equal value, on training programmes for labour inspectors and the judiciary on the principle of equal remuneration for work of equal value and on any relevant judicial or administrative decisions, as well as any violations reported to or detected by the labour inspection services, including the sanctions imposed and remedies provided.