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

Equal Remuneration Convention, 1951 (No. 100) - Nicaragua (Ratification: 1967)

The Committee notes that the Government’s report contains no reply to its previous comments. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 1(b) of the Convention. Equal remuneration for work of equal value. Legislation. The Committee has been referring for a number of years to the need to give full expression in law to the principle of the Convention. In this regard, the Committee previously noted that while Act No. 648 concerning equal rights and opportunities lays down the principle of equal pay for equal work in keeping with work experience, academic qualification, level of responsibility and responsibility of the position, the regulations implementing Act No. 648 (Decree No. 29-2010 of 28 June 2010), which apply to both the public and private sectors, refer to the principle of equal pay for work of equal value (section 2) and to equal pay for work of equal value and equality of conditions (section 18). The Committee observes that the Government’s report does not contain any new information on this matter. The Committee recalls that the concept of “work of equal value” lies at the core of the fundamental right to equal remuneration for men and women for work of equal value. Moreover, the concept is essential in addressing occupational sex segregation in the labour market, a problem that affects almost all countries, as it permits a broad scope of comparison, which includes equal remuneration for “equal”, the “same” or “similar” work but also encompasses work of an entirely different nature which is nevertheless of equal value (General Survey on the fundamental Conventions, 2012, paragraph 673). The Committee requests the Government to clarify whether, in accordance with the regulations implementing Act No. 648, the principle of equal pay for work of equal value is applied in practice, allowing for the comparison of work of an entirely different nature, and to indicate whether any cases have addressed this issue, and the results thereof.

Gender indicators. Observing that the Government’s report does not contain further information on this point, the Committee again requests the Government to provide information on gender indicators, how they are applied and their impact in terms of reducing the gender pay gap.

Equal pay in the public sector. The Committee notes the statistical information supplied by the Government on public sector employment. The Government acknowledges the existence of the gender pay gap and indicates that progress has been made in promoting equality. The Committee observes that although 61 per cent of all employees are women, the maximum wage paid to men is 112,950 Nicaraguan cordobas (NIO), while for women it is NIO95,760. In addition, the average wage for men is NIO5,682 while for women it is NIO5,124. The Committee requests the Government to continue to provide statistical information and specific information on measures taken to promote an increase in the participation of women in public employment, including in managerial posts, and the impact of such measures in reducing the gender pay gap.

Application in practice. The Committee notes the activities undertaken by the labour inspectorate with a view to ensuring payment of the minimum wage for women workers, and also the training activities undertaken. The Committee requests the Government to indicate whether the inspections undertaken verify that the principle of equal pay for work of equal value, as laid down in the Convention, is applied and what their outcome has been. The Committee also requests the Government to provide statistical information on the participation of women in the private sector and the rates of pay for men and women in both the public and private sectors.