Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

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

Article 1(b) of the Convention. Equal remuneration for work of equal value. Legislation. The Committee has been referring since 1990 to article 57 of the National Constitution and section 167 of the Labour Code, which set out the principle of equal wages for equal work, which is more limited than the principle of equal remuneration for men and women for work of equal value. In this regard, the Committee notes with deep regret that Legislative Decree No. 9343 to reform labour procedures, adopted on 14 December 2015, which amends various provisions of the Labour Code, does not amend section 167. Furthermore, section 405 of the Legislative Decree provides that “All women workers who perform equal work under subjectively and objectively equal conditions shall benefit from the same entitlements, in terms of working time and remuneration, without any discrimination.” The Committee observes that this provision reaffirms the principle of equal pay for equal work, which therefore continues to be more limited than the principle set out in the Convention. The Committee also notes the Government’s reference in its report to Bill No. 18752 to reform the Act to promote equality for women which, according to the Government, has the objective of setting out explicitly the right of women to “receive equal wages when they perform the same functions or have a job of equal value to that of a man”, and emphasizes the obligation to ensure “equivalent remuneration for men and women in work involving equal functions or the same job”. The Committee once again reiterates that the concept of “work of equal value” provided for in the Convention, includes but goes 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. Comparing the relative value of jobs in occupations which may involve different types of skills, responsibilities or working conditions, but which are nevertheless of equal value overall, is essential in order to eliminate pay discrimination resulting from the failure to recognize the value of work performed by women and men free from gender bias (see 2012 General Survey on the fundamental Conventions, paragraph 673 et seq.). The Committee also emphasizes that the significant occupational gender segregation and the significant wage gap that exist, which are examined in the direct request, illustrate the need to amend the legislation to give full effect to the principle of the Convention. The Committee once again requests the Government to take the necessary measures 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 achieved in this respect. The Committee reminds the Government that it can request the technical assistance of the Office, if it so wishes.

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