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

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

Article 1(b) of the Convention. Equal remuneration for work of equal value. Legislation. In its previous comments, the Committee noted that while Act No. 648 of 2008 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 requested the Government to clarify whether, in accordance with the legislation in force, 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. The Committee notes that the Government has not provided information on this question in its report. Recalling the importance of ensuring that men and women have a clear legal basis for asserting their right to equal pay for work of equal value before their employers and the competent authorities, the Committee requests the Government to harmonize its legislation in order to incorporate fully the principle of equal remuneration for men and women workers for work of equal value, as enshrined in the Convention, and report on any developments in that respect. In the meantime, the Committee once again requests the Government to indicate how the concept of equal pay for work of equal value is applied in practice and its impact in terms of reducing the gender pay gap, and to provide copies of any judicial cases that addressed this issue and the outcome of those.

Gender indicators. The Committee recalls that in its previous comments, it noted the Government’s information that it had established a system of gender indicators that had an influence on public policies concerning equality in employment and occupation at national level. The Committee requested the Government to provide information on those indicators, how they were applied and their impact in terms of reducing the gender pay gap. The Committee notes the Government’s information on the System of Indicators with a Gender Perspective (SIEG), which, in line with the Government’s gender policy, is an instrument for measuring and evaluating the situation and status of women. The Committee notes that among the Indicators with a Gender Perspective, Indicator No. 47 (salary ratio between men and women) defines labour income inequality between employees of either sex, expressed as the quotient between monthly average income of men and women respectively. The Committee requests the Government to indicate how this indicator is used in practice to measure the existing salary gap between men and women for work of equal value and to report on the impact of the SIEG in promoting this principle of the Convention.

Article 2 (c). Collective agreements. The Committee notes the Government’s information that the Directorate-General of Collective Rights took steps in 2016 to encourage trade unions to participate in their negotiations and sign collective agreements containing provisions benefiting women, such as the registration of 73 national collective agreements, through which labour conditions were improved for 106,756 women workers. The Committee requests the Government to provide examples of signed collective agreements containing provisions that guarantee the principle of equal remuneration between men and women for work of equal value, and also information on the specific measures taken by the relevant stakeholders to reduce the pay gap.

Equal pay in the public sector. In its previous comments, the Committee requested the Government 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 terms of reducing the gender pay gap. The Committee notes the information provided by the Government indicating that 128,998 public servants work in the public sector, 60.78 per cent of whom are women and 39.22 per cent are men. The Committee also notes that, according to the 2017 statistics provided by the Government, there is a higher proportion of women in posts in the fields of education (70.57 per cent) and health (66.78 per cent) and a higher proportion of men in security and defence (71.43 per cent). Recalling the importance of using appropriate data to determine the nature, scope and causes of unequal remuneration, the Committee requests the Government to continue providing statistical information on the rates of remuneration of men and women in the public sector, disaggregated by economic activity, which enable an assessment of the progress in reducing the gender pay gap over the long term. The Committee also requests the Government to provide specific information on measures adopted to promote an increase in the participation of women in public employment, including in managerial posts, and the impact of such measures in terms of reducing the gender pay gap.

Labour inspection. In its previous comments, the Committee requested 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 notes that the Government refers to the Technical Guide for Labour Inspection. The Committee notes that, while section 7 of the Guide addresses the principle of equality and non-discrimination and section 3 addresses salaries, there is no explicit reference therein to the principle of the Convention. The Committee also notes the Government’s information that from 2016 to April 2017, inspections were conducted in 2,629 workplaces, safeguarding the labour rights of 27,487 women, and at the same time the application of an equitable minimum wage was guaranteed for 17,934 women who were found during inspections to be receiving less than the legal minimum wage. The Committee notes that the Government does not specify whether or not the principle of the Convention was violated. Therefore, the Committee requests the Government to provide information on the labour inspection activities related to the principle of the Convention, indicating the number and type of infractions reported or identified, as well as the sentences imposed and their outcome.

Application in practice. The Committee notes that the judiciary adopted the policy on gender equality 2016–20 (available on the judiciary’s website), which aims to continue fostering the increased participation of women in senior posts in the judiciary and to create training, awareness raising, specialized and lifelong learning programmes with a gender perspective for judicial officials. The Committee requests the Government to provide information on any activity carried out within the framework of the judiciary’s policy on gender equality 2016–20 and the impact of those in terms of reducing the gender pay gap in the judiciary. The Committee also requests the Government to indicate whether other public bodies have adopted a gender equality policy and, if so, the Committee requests the Government to provide information on the activities carried out within the framework of this policy and its impact.