Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

Equal Remuneration Convention, 1951 (No. 100) - Guatemala (Ratification: 1961)

The Committee notes the observations of the General Confederation of Workers of Guatemala (CGTG) dated 30 August 2013, according to which women receive lower pay in the coffee sector. The Committee asks the Government to provide its comments on this matter.

Gender pay gap. The Committee observes that the Government has not sent any statistical information that would make it possible to identify the current gender pay gap. The Committee recalls that pay differentials remain one of the most persistent forms of inequality between women and men and that collecting, analysing and disseminating this information is important in identifying and addressing inequality in remuneration. The Committee asks the Government to provide up-to-date statistical information on pay levels for men and women in the various economic sectors of activity, and occupational categories, to enable it to evaluate progress made.

Article 1(b) of the Convention. Equal remuneration for work of equal value. Legislation. The Committee notes that the Government reiterates the fact that article 102(c) of the Constitution provides for equal pay for equal work performed under the same conditions and with equal efficiency and seniority. Section 89 of the Labour Code provides for equal pay for equal work performed in the same posts and under equal conditions of efficiency and seniority within the same enterprise. The Committee notes that the principles established in the Constitution and the Labour Code are more restrictive than the principle established in the Convention, which refers to “work of equal value”. The concept of “work of equal value” lies at the heart of the fundamental right of equal remuneration for men and women and the promotion of equality. The concept is also fundamental to tackling occupational sex segregation in the labour market, as it permits a broad scope of comparison, including, but going beyond, equal remuneration for “equal”, “the same” or “similar” work, and also encompasses work of an entirely different nature which is nevertheless of equal value. With regard to tackling occupational segregation, application of the Convention’s principle is not limited to comparisons between men and women in the same establishment or enterprise. It allows for a much broader comparison to be made between jobs performed by men and women in different places or enterprises, or between different employers (see General Survey on fundamental Conventions, 2012, paragraphs 673, 697–699). The Committee urges the Government to take steps to give full legislative expression to the principle of equal remuneration for men and women for work of equal value. The Committee encourages the Government to seek technical assistance from the Office in this regard.

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