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

Equal Remuneration Convention, 1951 (No. 100) - Dominican Republic (Ratification: 1953)

The Committee notes the observations of the National Confederation of Trade Union Unity (CNUS), the Autonomous Confederation of Workers’ Unions (CASC) and the National Confederation of Dominican Workers (CNTD), received on 8 October 2012. The Committee asks the Government to send its comments in this respect.

Article 1 of the Convention. Equal remuneration for work of equal value. Legislation. In its previous comments the Committee referred to the need to amend section 194 of the Labour Code and section 3(4) of Act No. 41-08 of 2008, which provide for “equal wages for equal work, in terms of capacity, performance and seniority, irrespective of the person performing the work”. It also noted that article 62(9) in fine of the new Constitution – adopted on 26 January 2010 – lays down that “payment of equal wages for work of equal value is guaranteed, without discrimination based on sex or other grounds and under identical conditions of capacity, effectiveness or seniority”. The Committee notes the Government’s statement that in the context of the discussions on the amendment of the Labour Code it is proposed to amend section 194 to align it with the principle of the Convention. As regards Act No. 41-08, the Ministry of Public Administration will convey the Committee’s observations to the legislators with a view to including a provision towards this end in the Bill issuing wage regulations which is before the Justice Commission of the Chamber of Deputies. The Committee recalls 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. This concept includes equal remuneration for “equal”, “the same” or “similar” work, but it also encompasses jobs which are of an entirely different nature but which are nevertheless of equal value (see General Survey on the fundamental Conventions, 2012, paragraph 673). The Committee also considers that defining the concept of “work of equal value” in terms of “identical conditions of capacity, performance or seniority” restricts the concept laid down in the Convention, since it is also necessary to compare jobs which are performed under different conditions but which are nevertheless of equal value. The Committee asks the Government to continue to take the necessary steps to ensure that the amendment to section 194 fully reflects the principle of the Convention and is adopted as soon as possible by the National Congress. The Committee asks the Government to send a copy of the amended legislation once it has been adopted. The Committee also asks the Government to provide information on the measures taken with a view to fully harmonizing section 3(4) of Act No. 41-08 with the Convention and to indicate whether the Act issuing wage regulations has been adopted.

Gender pay gap and occupational segregation. In its previous observation the Committee noted the observations made by the CNUS, CASC and CNTD dated 31 August 2011, according to which the pay differential between men and women in 2011 was 16.6 per cent despite the fact that the percentage of women with higher education qualifications is greater than that of men. The Committee notes the Government’s indication that on 12 January 2012 the Act confirming the National Development Strategy 2010–30 was adopted, establishing that all public plans, programmes, projects and policies must incorporate gender mainstreaming in the various spheres of action, in order to identify situations of gender discrimination and to adopt actions contributing to gender equity. As regards specific aspects of the remuneration gap, the Government indicates that the current progressive legal framework has made it possible to reduce differences in rates of pay. The Government adds that although the National Labour Survey (ENFT) indicates that there is a greater proportion of men participating in the labour market and that a greater proportion of wages are therefore paid to men, the difference in participation and remuneration between men and women has been reduced in recent years, and in the public sector technical studies are being conducted to determine what it would cost to reduce the current pay gap. The Committee also notes the Government’s indication in its report on the application of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), that the implementation of the electronic system for the registration of enterprises and workers, designed to obtain information on pay disaggregated by sex and occupation, will enable public policies to be formulated with the objective of eliminating and preventing any gender pay differentials. The Committee also notes that the National Plan on Gender Equity 2006–16 (PLANEG 2006–16) recognizes the existence of a gender pay gap and the need to draw up legislation to tackle the issue. The Committee also observes that, according to the statistics supplied by the Government, there is marked occupational segregation, with women significantly outnumbered by men in traditionally “male” jobs (agriculture and stockbreeding, mining, construction and transport), whereas the unemployment rate for women is twice as high as the rate for men. The Committee recalls that pay differentials remain one of the most persistent forms of inequality between women and men. The continued persistence of significant gender pay gaps requires that governments, along with employers’ and workers’ organizations, 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 General Survey, 2012, paragraphs 668 and 669). The Committee asks the Government to take specific measures to tackle the pronounced gender pay gap and to send information in this regard, including on the measures taken in the context of PLANEG 2006–16 and the National Development Strategy 2010–30. The Government is also requested to indicate whether the electronic system for the registration of enterprises and workers has been implemented. Further, recalling that inequalities in wages can originate from the segregation of men and women in certain sectors and occupations, the Committee asks the Government to send information on the measures taken or contemplated to improve women’s access to a greater variety of employment opportunities at all levels.

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