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

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

Article 1(a) of the Convention. Definition of remuneration. Legislation. In its previous comments, the Committee asked the Government to indicate the manner in which it is ensured that the benefits which are envisaged in section 119(2) of the Labour Code and which, under the terms of that provision, do not constitute wages, are paid to both men and women without discrimination based on sex. The Committee notes the Government’s indication in its report that the labour inspectorate conducts inspections which check overtime payments and remuneration for work on a rest day, for both men and women. However, the Committee observes that the Government indicates that the emoluments provided for in section 119(2) of the Labour Code, namely occasional bonuses and gratuities, and cash payments for workers as reimbursement for expenses incurred in the course of performing their duties (such as for representation, expenses, transport costs, work items or similar), are often provided by employers outside of employment contracts and/or collective agreements. These practices make it difficult for the labour inspectorate to verify the application of section 119(2) of the Labour Code and apply the corresponding sanctions. Recalling that, according to the Convention, the term “remuneration” includes the ordinary, basic or minimum wage or salary and any additional emoluments whatsoever payable directly or indirectly, whether in cash or in kind, by the employer to the worker, the Committee requests the Government to take the necessary steps to ensure that occasional bonuses, gratuities and cash reimbursement payments are included in the concept of remuneration. The Committee requests the Government to provide information on any progress made in this respect.

Article 1(b). Work of equal value. Legislation. The Committee has been referring for a number of years to the need to amend article 38(1) of the Constitution, section 123 of the Labour Code and section 19 of the Standard Work Regulations for the Private Sector, which establish the principle of equal remuneration for men and women only in cases where the work performed is equal and performed in the same enterprise and under identical circumstances. The Committee also noted the Act of 2011 concerning equality, equity and eradication of discrimination against women, section 25 of which provides for the elimination of all wage discrimination between men and women who perform the same job or post. The Committee observed that those provisions were more restrictive than the principle of equal remuneration for men and women for work of equal value provided for in the Convention. The Committee notes the Government’s indication that a campaign on “equal pay for equal work” has been launched in 2016. The Committee recalls that the concept of “work of equal value” includes equal work or work carried out under identical circumstances but goes beyond equal work and also encompasses work of an entirely different nature which is nevertheless of equal value, including work performed by men and women in different establishments or enterprises. The concept of “work of equal value” is fundamental to tackling occupational sex segregation, particularly when historical attitudes towards the role of women in society, along with stereotypical assumptions regarding women’s aspirations, preferences and capabilities and their suitability for certain jobs, tend to result in the undervaluation of “female jobs” (see 2012 General Survey on the fundamental Conventions, paragraphs 673 and 697). As regards the persistence of occupational sex segregation, the Committee refers to its comments on the application of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111). The Committee requests the Government once again to take the necessary steps to amend the legislation so that it incorporates the principle of equal remuneration for men and women for work of equal value. The Committee requests the Government to provide information on any progress made on this matter and reminds it that technical assistance from the Office is available.

Article 2. Public sector. For many years, the Committee has been referring to section 65 of the Civil Service Act of 1961, which provides that jobs shall be classified into similar groups in terms of duties, functions and responsibilities so that they can be assigned the same level of remuneration under similar conditions of work, which is more restrictive than the principle of equal remuneration for men and women for work of equal value. The Committee notes the Government’s indication that while the principle of the Convention is not provided for under the Civil Service Act, section 25(g) of the Act of 2011 concerning equality, equity and eradication of discrimination against women is also applicable to the public sector. The Committee asks the Government to take the necessary steps to incorporate the principle of equal pay for men and women for work of equal value in the Civil Service Act of 1961. In order to determine the extent of occupational segregation and the capacity of men and women to have access to all jobs and at all levels, the Committee requests the Government to provide information on the methods used to determine job classifications and pay scales applicable to the public sector. Noting that the statistical information provided by the Government was not disaggregated by sex, the Committee asks the Government to provide statistical information on the distribution of men and women among the various posts and levels.

The Committee welcomes the ILO project funded by the European Commission (DG Trade) to provide support for countries benefiting from GSP+, a component of the Generalized System of Preferences aimed at the effective application of international labour standards, which focuses on four countries, including El Salvador.

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