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

Equal Remuneration Convention, 1951 (No. 100) - Guatemala (Ratification: 1961)

Article 3 of the Convention. Objective job evaluation. In its previous comments, the Committee noted that the Government indicated that the public sector uses the Job Classification System and the Job Classification Handbook, which sets parameters for classifying various posts without gender bias. The Committee requested the Government to provide information on the distribution of men and women in the various posts in the public sector, including level of pay by category. The Committee notes the information from the Government on the number of men and women working in the public sector, but notes that it does not include level of occupation or wages disaggregated by sex. The Committee also notes the Government’s indication that the Civil Service Act (Decree No. 1748) is to be amended, but that it does not indicate whether there is to be a mechanism for objective job evaluation as provided for in the Convention. 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 avoid the assessment being tainted by gender bias. While the Convention does not prescribe any specific method for such an examination, Article 3 presupposes the use of appropriate technologies for objective job evaluation, comparing factors such as skill, effort, responsibilities and working conditions (see General Survey on the fundamental Conventions, 2012, paragraph 695). Since the current legislation does not include the principle of equal remuneration for men and women for work of equal value, as provided for in the Convention, and in order to facilitate the application of that principle in practice, the Committee requests the Government to take the necessary measures, including through the revision of the Civil Service Act (Decree No. 1748), to adopt a mechanism for objective job evaluation that allows the relative value of jobs to be measured and compared on the basis of objective and non-discriminatory criteria that are free of gender bias, such as skill, effort, responsibilities and working conditions. The Committee requests the Government to provide information on progress made in this regard.

Application in practice. Observing that the Government provides no information on this point, the Committee once again requests it to send information on any complaints made to the labour inspectorate or any other administrative or judicial authority concerning the application of the Convention. It also asks the Government to ensure that any training and dissemination activities carried out either by the public authorities or by the workers and employers refer adequately to the principle of the Convention, and to provide information on such activities.