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

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

Articles 1 and 3 of the Convention. Wage gap and legislation. The Committee recalls that, in its previous comments, it referred once again to the lack of any definition in the national legislation of the terms “remuneration” or “work of equal value” and noted the persistent gender wage gap and the occupational segregation between men and women. The Committee emphasized that giving full legislative effect to the principle of equal remuneration for men and women for work of equal value is particularly important in order to ensure the application of the Convention and it therefore requested the Government to take specific measures to give full legislative expression to the principle of the Convention and to define the term “remuneration” in the legislation in order to reflect the definition in the Convention. It also requested the Government to take measures to reduce the gender wage gap, including by addressing the issue of occupational segregation between men and women and the promotion of women in better jobs in the context of the equal opportunities plans that are adopted. The Committee notes the Government’s indication in its report that the legislation lacks essential definitions, such as of the term “remuneration”, due to the fact that there is no systematic body of labour standards. Nevertheless, the Government indicates that the need has not been felt up to now for the existence of such definitions. The Committee also notes the Government’s reference to the study “Persistent inequalities: Labour market, skills and gender”, undertaken in 2014 by the United Nations Development Programme (UNDP), according to which, neither the greater labour market participation of women nor their higher skill levels have succeeded in reducing the wage gap. The study indicates that the factors which contribute to the wage gap between men and women workers include horizontal segregation in education, which has the effect of further strengthening the concentration of women workers in certain sectors and activities; the difficulties encountered by women in gaining access to higher level jobs; and care responsibilities, which result in women devoting fewer hours than men to paid work during the life cycle. The Committee notes that, according to the study, the greatest wage gap is found among employees at the tertiary level, where there is a significantly higher proportion of women than men (63.4 per cent). For example, among accountancy and financial auxiliaries, the wage gap is 30 per cent, and it is 20 per cent among professional doctors and similar personnel, and 32 per cent between specialists in social and human sciences. The study also notes that in the two primary occupations in which women are engaged, that is primary school and pre-school teaching, and office work, the wage gap is almost 13 per cent. The Committee notes the Government’s indication that, with a view to eliminating gender wage gaps, awareness-raising campaigns are continuing to be undertaken with a view to transforming current cultural attitudes. The development of a comprehensive system of care has also been promoted, in respect of which the Committee refers to its comments on the application of the Workers with Family Responsibilities Convention, 1981 (No. 156). The Committee also notes the National Strategy for Gender Equality 2030 which includes, among the various types of action envisaged by 2030: (i) promoting the application of the principle of equal remuneration for work of equal value; (ii) eliminating educational segregation and promoting the access of women to areas related to science; and (iii) reducing horizontal and vertical occupational segregation in the public and private sectors. The Committee also notes with interest that Act No. 19580 on gender-based violence against women, of 22 December 2017, by recognizing the “lower wages for work performed due to the fact of being a woman” as a form of labour violence against women (section 6), provides that the Ministry of Labour and Social Security and any other body or institution connected with labour and social security policies shall promote measures to guarantee the exercise of the “right to equal remuneration for work of equal value” without discrimination (section 23). However, the Act does not define the concept of “work of equal value” or of “remuneration”. The Committee recalls that the concept of “work of equal value” includes, but goes beyond equal remuneration for “equal”, “the same” or “similar” work, and also encompasses work that is of an entirely different nature which is nevertheless of equal value, and it emphasizes the importance of a clear legislative framework to ensure the application of the Convention in practice. Under these conditions, recalling the importance of guaranteeing that men and women have a legal basis for asserting their right to equal remuneration in respect of their employers and the competent authorities, the Committee once again requests the Government to consider giving full legislative effect to the principle of the Convention and including in the legislation a definition of the term “remuneration”, in accordance with Article 1(a) of the Convention, and to provide information on any developments in this regard. The Committee also requests the Government to continue providing information on any measures adopted with a view to reducing the wage gap between men and women workers, including the measures adopted within the framework of the National Gender Equality Strategy 2030 and Act No. 19580 on gender-based violence against women, including any measure adopted with a view to addressing educational and occupational segregation between men and women, and the results achieved. Noting the Government’s indication that the greatest wage gap is found among employees at the tertiary level, the Committee requests the Government to provide information on the reasons why the wage gap is wider in higher level jobs.

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