Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Equal Remuneration Convention, 1951 (No. 100) - Uruguay (Ratification: 1989)

Article 3 of the Convention. Wage boards and objective job evaluation. In its previous comments, the Committee requested the Government to indicate the criteria that are used to determine wage rates by occupational category and the manner in which it is ensured that these criteria are free from any gender bias resulting in the undervaluation of occupations performed by women. The Committee also requested the Government to take specific measures to establish a mechanism for the objective evaluation of jobs with a gender perspective that enables a comparison between different jobs in the public sector and to promote such evaluation in the private sector. The Committee notes the Government’s indication that the criteria used to determine occupational categories and wage rates are established by workers’ and employers’ organizations through tripartite collective bargaining undertaken in wage boards. The Government also indicates that action is taken to promote the inclusion in the agreements concluded by wage boards of clauses on non-discrimination on grounds of gender, including wage discrimination. According to the Government’s report, as of March 2017, non discrimination clauses had been registered in 56 agreements. Nevertheless, the Government indicates that it does not have at its disposal information on the impact of these clauses on remuneration rates, but will assess the feasibility of producing data to show this impact. The Committee also notes that the Government has not provided information on the mechanisms for the objective evaluation of jobs promoted in the private sector and used in the public sector. The Committee once again recalls that the concept of “work of equal value” requires some method of measuring and comparing the relative value of different jobs (2012 General Survey on the fundamental Conventions, paragraphs 695 et seq.). The Committee once again requests the Government to provide information on the specific measures taken with a view to the establishment of a mechanism for the objective evaluation of jobs with a gender perspective that enables a comparison to be made of different jobs in the public sector and to promote such evaluation in the private sector.

Article 4. Cooperation with employers’ and workers’ organizations. The Committee requests the Government to continue providing information on any measures adopted in collaboration with employers’ and workers’ organizations with a view to giving effect to the provisions of the Convention.

Participation of women in wage boards. In its previous comments, the Committee requested the Government to provide information on the participation of women in wage boards and on any measures adopted by the Government and the social partners to increase such representation. The Committee notes the Government’s indication that women account for 73 per cent of Government delegates on wage boards, but only 5 per cent of the total titular representatives of employers and workers. Of the 24 activity groups into which wage boards are divided, the group covering domestic work is composed exclusively of women delegates. The Committee also notes the Government’s indication that the Work Plan 2015–20 of the National Gender Council provides for the promotion of the participation of women in wage boards as negotiators for the State, and for employers’ and workers’ organizations.

Supervision and application. The Committee requests the Government to provide information on any decisions handed down by ordinary or other courts relating to matters of principle connected with the application of the Convention, and on any violation of the principle of the Convention detected by labour inspectors, the penalties imposed and the compensation granted.