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

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

The Committee notes the observations sent by the Confederation of Workers Rerum Novarum (CTRN) on 2 September 2012. The Committee asks the Government to provide its comments in response.

Article 1 of the Convention. Equal remuneration for work of equal value. For a number of years the Committee has been referring to article 57 of the National Constitution, which establishes that wages “shall always be equal for equal work under identical conditions of efficiency”, and to section 167 of the Labour Code, which provides that “quantity and quality shall be taken into account when determining the level of wages for each type of work. Equal wages shall be paid for equal work performed in the same job and under equal conditions of efficiency and working time ...”. The Committee notes that the Government refers to occupational profiles and indicates that these respect the principle of the Convention since they were drawn up on the basis of objective criteria. The profiles are used to determine minimum wages. The Committee recalls that where the issue of wages is the subject of legislation, the principle established in the Convention must be given full legislative expression. The Committee also recalls that the principle of “work of equal value” includes comparisons between jobs which are of a completely different nature, including work performed under different conditions of efficiency and different working time, but which are nevertheless jobs of equal value. The Committee again asks the Government to take the necessary steps to amend the legislation to give full legislative expression to the principle of equal remuneration for men and women for work of equal value and to provide information on any progress made in this respect.

Occupational gender segregation. The Committee notes the information supplied by the Government in relation to the measures taken in the context of the National Policy on Gender Equality and Equity (PIEG) 2007–17, and in particular the corresponding Plan of Action 2012–14, in relation to the development of enterprises and business ventures for rural women and also technical training in fields where women are under-represented. The Government also emphasizes the high rate of participation of women in occupations that require vocational training and formal education. The Committee further notes the Government’s statement that the abovementioned occupational profiles involve grouping various occupations of different types into 23 occupational categories, which are then subdivided into categories of unskilled, semi-skilled and skilled workers, according to their level of training. The profiles constitute a technical tool enabling equal value to be attached to occupations which, despite possessing different features, are similar enough in nature to be grouped into the same occupational category. These are not based on a list of tasks but on the complexity of the work to be done, the experience required, the consequences of error, and on studies and other requirements needed to perform the job. The Government points out that all occupations are open to men and women workers, who receive the same pay, and that any differences in wages relate to different levels of training and education, as well as different levels of responsibility, experience and risks. The Government adds that the officials of the Ministry of Labour and Social Security have the power to define the scope of coverage and to place private sector workers in various wage categories on the basis of labour inspection visits. The Committee observes that the Government refers to statistics which were not attached to its report. The Committee reiterates that the system described by the Government does not appear to take account of the existence of occupational gender segregation, as a result of which certain types of jobs are performed largely or exclusively by women and others by men as a result of tradition or historical and stereotypical attitudes. Occupational segregation tends to result in “female jobs” being undervalued in comparison with work performed predominantly by men. The concept of work of equal value is therefore essential in tackling such segregation since it provides for a broader scope of comparison between different jobs. The Committee therefore asks the Government:

• (i) to specify what criteria are used to place each occupation in a specific occupational profile;
• (ii) to indicate the distribution of men and women in various occupations within each occupational profile, and indicate the manner in which it is ensured that occupations where women predominate are not undervalued;
• (iii) to provide examples of cases in which the Ministry of Labour and Social Security has defined coverage and has placed private sector workers in various wage categories.

The Committee is raising other points in a request addressed directly to the Government.