Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

Equal Remuneration Convention, 1951 (No. 100) - Costa Rica (Ratification: 1960)

Article 1(b) of the Convention. Equal remuneration for men and women for work of equal value. Legislation. The Committee has been referring for nearly three decades to the need to amend article 57 of the National Constitution, which provides that; “Wages shall always be equal for equal work under identical conditions of efficiency”, and section 167 of the Labour Code, which provides that “Equal wages shall be paid for equal work performed in the same job and under equal conditions of efficiency and working time, including daily payments, remuneration received, services such as housing and any other benefits granted to workers in exchange for their regular work.” The Committee recalls that the principle of equal remuneration for equal work set out in these legislative provisions is more limited than the principle of equal remuneration for men and women for work of equal value provided for in the Convention. The Committee notes the Government’s indication in its report that these regulatory provisions define qualities and characteristics that respect the principle of the Convention, as they were developed on the basis of objective criteria, and divided into occupational profiles that include jobs of an entirely different nature with no distinction of any kind. The Government adds that the above-mentioned occupational profiles are based on a detailed study and in accordance with specific labour conditions, considering various aspects, including environmental factors, complexity, difficulty, responsibility, consequences of errors, required experience and risk. In this respect, the Committee wishes to stress that, whatever the methods used for the objective evaluation of jobs, special care must be taken to guarantee that they are free from gender bias. It is important to ensure that the selection of factors for comparison, the weighting of those factors and the comparison itself are not discriminatory, whether directly or indirectly. Often, capacities considered to be “feminine”, such as manual dexterity and skills related to caring for people, are undervalued or not even taken into account, in comparison with traditionally “masculine” capacities, such as the handling of heavy objects. Noting with regret that section 167 of the Labour Code has still not been amended, the Committee urges the Government to take the necessary measures to give full legislative expression to the principle of equal remuneration for men and women for work of equal value, and to ensure that the methods of evaluation adopted are free from gender bias.

Articles 1 and 2. Gender pay gap and occupational segregation. In its previous comments, the Committee referred to the significant pay gap (20 per cent on average, and up to 39 per cent in certain sectors, such as manufacturing), and the high level of occupational segregation on the basis of gender that exists in the country. In this respect, the Committee notes that the Government has provided information on the current trends in the gender pay gap by branch of economic activity and level of employment, which shows that, with regard to horizontal segregation, in 2017 in service activities, for each Costa Rican colons (CRC) earned by a woman, a man earned CRC1.88, meaning that men earned 88 per cent more than women in the same branch of economic activity. Similarly, in sectors such as agriculture, forestry, fishing and manufacturing, the wage gaps were CRC1.16 and CRC1.23 in the same period. Regarding vertical segregation by occupational group, in 2017, for directors and managers the gap was CRC1.42, for professionals and scientists it was 1.02 and for officials and workers it was 1.43. Furthermore, the Confederation of Workers Rerum Novarum (CTRN), the Costa Rican Workers’ Movement Confederation (CMTC) and the Juanito Mora Porras Trade Union Federation (CSJMP), report that a woman with a postgraduate degree barely earns the average salary of a man with an undergraduate degree. The Government indicates that the explanation for this gap lies in the low representation of women in the above-mentioned sectors and groups. The Committee notes that the Government recognizes these differences and indicates that it is taking measures to address them. Among those measures is the Plan of Action and Public Policy for Gender Equality and Equity (PIEG), the second Institutional Plan of Action for Gender Equality and Equity (2016–20) and the gender equality label and the award for good labour practices for gender equality. In 2017, the first label was granted and 15 awards for good gender equality practices were issued. The foundations are also being laid for the implementation of the National Policy for Effective Equality between Women and Men in Costa Rica (2018–30). Furthermore, the Committee notes that in April 2019, the State ratified the Inter-American Convention Against All Forms of Discrimination and Intolerance. The Committee observes that, despite all these initiatives, the figures provided by the Government between 2010 and 2017 demonstrate a consistent gender pay gap. The Committee further notes that the United Nations Committee on the Elimination of Discrimination against Women (CEDAW), in its concluding observations, expressed concern about the persistence of occupational segregation, the concentration of women in low-paid jobs and the significant gender wage gap (document CEDAW/C/CRI/CO/7, 24 July 2017, paragraph 28(a)). Under these conditions, the Committee requests the Government to provide detailed information on the specific measures adopted or envisaged to more effectively address the structural causes of wage gaps between men and women and to promote the principle of the Convention. In this respect, the Government is requested to provide information on the impact in practice of the activities undertaken to reduce wage gaps between men and women, such as education and training measures for women to enable them to access a wider range of jobs with career prospects and higher salaries, including in sectors dominated by men. The Committee requests the Government to continue providing detailed statistical information on the levels of remuneration in the various economic sectors, disaggregated by sex and occupational category, so that it can evaluate the progress made.

The Committee has also noted that in the list of minimum wages by sector the denominations of occupations are given in a generic masculine form, with the exception of certain occupations, such as hairdresser, maid, secretary, weaver, seamstress, manicurist and child minder, which are expressed in the feminine form. In this regard, the Committee notes the Government’s indication that the National Wage Council agreed on a tripartite basis to amend the proposed list of minimum wages to incorporate inclusive terminology and a gender focus, without confusing activities with occupations. The Committee hopes that the changes will be made without delay and requests the Government to communicate the changes made to the lists of minimum wages that include the removal of the denomination of occupations and jobs with gender connotations.

Application in practice. In its previous comments, the Committee requested the Government to indicate the results of inspections carried out with a gender perspective and to provide information on whether they had detected cases or received complaints of wage discrimination between men and women, and the circumstances, categories of employment and measures adopted in that regard. The Committee refers to its comments under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111). Nevertheless, the Committee requests the Government to report whether labour inspectors have detected cases or received complaints of wage discrimination between men and women, with an indication of the categories of employment and the corrective measures adopted in that regard.