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

Equal Remuneration Convention, 1951 (No. 100) - El Salvador (Ratification: 2000)

Articles 1 and 2 of the Convention. Gender pay gap and application of the Convention. In its previous comments regarding the application of the Convention, the Committee asked the Government to supply information on the implementation of the Plan of Action 2011–14 and the National Policy for Women 2011–14, and on the results of the use of gender indicators in state institutions. The Committee notes that the Government makes no reference in its report to the Plan of Action but indicates that, in order to ensure the application of the principle of “equal pay for equal work”, it is planned to formulate an “institutional gender policy” and to review the minimum wage, in which account will be taken of the Convention and the existing pay gap. The Government refers to the differences that exist in men’s and women’s pay and emphasizes that these have been decreasing (the wage gap – in relation to the average nominal monthly wage – was 16.26 per cent in 2011 and 14.31 per cent in 2013). However, the Government adds that the pay gap is rising as the level of education increases, and differences can also be seen in labour market participation rates, with marked occupational sex segregation. In 2012, the participation rate was 81.4 per cent for men and 33.5 per cent for women. The Government indicates that women are concentrated in lower paid jobs and are also more involved in informal work. In 2012, the informality rate was 57.73 per cent for women and 44.32 per cent for men. The Committee also notes the adoption of the “National Plan for equality and equity for women in El Salvador 2012–17”. The Committee recalls that 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 (see General Survey of 2012 on the fundamental Conventions, paragraph 669). The Committee requests the Government to ensure that the measures taken in the context of the “National Plan for equality and equity for women in El Salvador 2012–17” (which has already been adopted) and the “Institutional Gender Policy” (which is due to be adopted) take sufficient account of the principle of the Convention. The Committee requests the Government to send detailed information on any developments in this respect, particularly regarding the effectiveness of such policies in reducing the gender pay gap and increasing the participation of women in the labour market, including in higher-level and better paid jobs. The Committee requests the Government in particular to provide statistical information disaggregated by sex to enable an evaluation of the gender pay gap and the participation of men and women in the labour market over the years.

Article 3. Objective job evaluation. In its previous comments, the Committee asked the Government to provide information on the manner in which objective job evaluation is carried out in both the public and private sectors. The Committee notes the Government’s indication that the Labour Inspectorate and the Special Unit for Prevention of Discrimination in Employment (UEPALD) effectively supervise the application of the principle of the Convention, but that no reference is made to the adoption of a method for objective job evaluation. The Committee recalls that the concept of “equal value” requires some method of measuring and comparing the relative value of different jobs. There needs to be an examination of the respective tasks involved, undertaken on the basis of entirely objective and non-discriminatory criteria to determine their value, comparing factors such as skill, effort, responsibilities and working conditions (see 2012 General Survey, paragraph 695). The Committee requests the Government to take the necessary steps to establish a mechanism enabling objective job evaluation in both the public and private sectors, with the aim of ensuring full observance of the principle of equal remuneration for men and women for work of equal value. The Committee requests the Government to supply information on any developments in this respect.

Enforcement. In its previous comments, the Committee asked the Government to take the necessary steps to ensure that labour inspectors receive training in relation to the principle of equal remuneration for men and women for work of equal value. The Committee notes the information provided by the Government on the various types of training for inspectors. However, the Committee observes that the content of the training does not appear to refer to the principle of the Convention. The Committee emphasizes the significant role of labour inspection in the application of the principle of the Convention and underlines the importance of appropriate training for inspectors on this matter. In the framework of the proactive measures adopted by the Government, with a view to the effective application of the principle of equal remuneration for men and women for work of equal value, the Committee requests the Government to take the necessary steps to provide labour inspectors with training in relation to this principle and the content of the Convention. The Committee requests the Government to provide information on any progress made in this respect.