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

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

Gender pay gap. The Committee notes that, although the Government provides information on the considerable increase in the participation of women in popular elected office, ministries, the judicial authorities and the parliamentary assembly, as well as on the unification of the basic wage as from 2010, the information supplied does not provide a basis for determining trends in the gender pay gap, nor the measures adopted by the Government for its reduction. The Committee requests the Government to provide information on the remuneration levels of men and women in the various sectors of activity, disaggregated by occupational category, and, in so far as possible, colour and race, so as to enable the Committee to assess the progress achieved. The Committee also asks the Government to provide information on the measures adopted with a view to promoting the employment of women in a broader range of sectors and occupations, including through appropriate vocational training.

Article 1(b) of the Convention. Equal remuneration for work of equal value. Legislation. The Committee recalls that for a number of years it has been referring to the need to amend section 79 of the Labour Code, which provides for equal remuneration for equal work, which is more restrictive than the principle set out in Article 1 of the Convention, which refers to work of “equal value”. This concept lies at the heart of the fundamental right of equal remuneration for men and women and the promotion of equality. It is key 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 that is of an entirely different nature, but which is nevertheless of equal value. With a view to overcoming occupational segregation, the application of the principle set out in the Convention is not confined to a comparison between men and women in the same establishment or enterprise, but also allows a much broader comparison between the jobs performed by men and women in different workplaces or enterprises, or between different employers (see the General Survey on the fundamental Conventions, 2012, paragraphs 669 and 673, et seq.). The Committee urges the Government, within the framework of the reform of the Labour Code, to amend section 79 of the Labour Code so as to give full expression to the principle of equal remuneration for men and women for work of equal value. The Committee encourages the Government to request ILO technical assistance in this regard.