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

Equal Remuneration Convention, 1951 (No. 100) - El Salvador (Ratification: 2000)

Articles 1 and 2 of the Convention. Gender pay gap. In its previous comments, the Committee asked the Government: (i) to take the necessary steps to ensure that the measures taken in the context of the (already adopted) “National plan for equality and equity for women in El Salvador 2012–17” and the (due to be adopted) “Institutional gender policy” take sufficient account of the principle of the Convention; (ii) to send detailed information on any developments regarding the effectiveness of its policies in reducing the gender pay gap and increasing the participation of women in the labour market, including in higher-level and better paid jobs; and (iii) to send statistical information disaggregated by sex to enable an evaluation of the gender pay gap and the participation of men and women in the labour market over the years. The Committee notes the Government’s reference in its report to the adoption in 2014 of the “National policy for women”, managed by the Salvadoran Institute for Women’s Development, and the adoption in 2016 of the “National gender policy” and its action plan, managed by the Gender Equality Unit; in this context, the “Gender equality management programme” has been implemented in enterprises and for women. In addition, the Government refers to the creation in 2015 of the “Workplace gender equality alliance” by the Ministry of Labour and Social Welfare (Ministry of Labour), the Ministry of Economic Affairs and the Salvadoran Institute for Women’s Development, with the support of the United Nations Development Programme (NDP). In 2015, this alliance created the “gender equality seal”, which recognizes enterprises that promote gender equality. The Government also indicates that the Ministry of Labour has implemented the campaign for decent work for gender equality and the campaign to raise awareness of equal pay for equal work, aimed at employers and working women. The Government also indicates that the National Minimum Wage Board approved increases in the minimum wage in 2017. In the maquila (export processing) sector, there was a 42 per cent increase; in trade and services, a 21 per cent increase; and in the sugar cane and coffee sectors, an increase of about 48 per cent. Despite the positive results of these increases in social terms, the Government indicates that the gender-equal increases have not helped to resolve the situation since they do not take account of the previous pay gap. The Government states that, according to the statistics, the gap is widening in higher-ranking posts, and there are still occupations in which the presence of women is very limited, especially in traditionally “male” occupations. The Government recognizes that, despite its efforts, the gender pay gap has tended to widen in recent years. In 2014 average income for women was 91 per cent of average income for men (a gap of 9 per cent); in 2016, the earnings gap increased by 12 per cent. In terms of wages, in 2014 women’s wages were 84 per cent of men’s (a pay gap of 16 per cent). In 2016, the gap widened by 1 per cent (to 17 per cent); and in 2017 the gap stood at 16.2 per cent. In this regard, the Government indicates that it has adopted specific measures to overcome the existing gap. Between June 2014 and May 2018, the National Employment System has contributed to the employment of 170 persons, of whom 48 per cent are women. Moreover, it is organizing annual employment fairs only for women and special booths to provide occupational advice.

While recognizing the Government’ efforts to promote gender equality in employment and, in particular, gender pay equality, the Committee observes that the impact of the measures taken remains unclear in the majority of cases. Similarly, the Committee notes that the United Nations Committee on the Elimination of Discrimination against Women (CEDAW), in its concluding observations of 3 March 2017, expressed concern at persistent occupational segregation, the low participation of women in the labour force, the concentration of women in the informal economy, and the considerable gender pay gap (CEDAW/C/SLV/CO/8-9, paragraph 32(a)). In this regard, the Committee wishes to recall that monitoring the implementation of plans and policies in terms of results and effectiveness is essential, although the proliferation of plans and strategies, whether to promote gender equality or to combat discrimination, has not been accompanied by regular evaluation and ongoing review of the impact of the measures taken. The Committee also emphasizes the important role of consultations with the social partners and stakeholders in the development, follow-up, implementation and evaluation of adopted measures and plans, in order to ensure their relevance, raise awareness of their existence, promote wide support and acceptance of them, and improve their effectiveness (see the 2012 General Survey on the fundamental Conventions, paragraph 858). The Committee would like to take this opportunity to draw the Government’s attention to the fact that the principle established in the Convention refers to equal remuneration for men and women workers for work of equal value, not for identical work, as can be seen in the awareness-raising campaign carried out by the Ministry of Labour. The Committee refers the Government to its comments in the “Legislation” section of its observation. The Committee requests the Government: (i) to take the necessary measures to determine the nature, extent and causes of wage discrimination between men and women with a view to formulating and implementing a relevant and effective gender equality policy, namely one that has a measurable impact on the gender pay gap, in accordance with Articles 2 and 3 of the Convention; and (ii) to continue providing detailed statistical information on levels of pay in the various economic sectors, disaggregated by sex and occupational category, so as to enable an evaluation of progress made, particularly in sectors where men predominate.

Article 3. Objective job evaluation. In its previous comments, the Committee asked the Government to provide information on the manner in which objective job evaluation is carried out in both the public and private sectors, in view of the absence of a mechanism enabling objective job evaluation. In this regard, the Committee notes that the Government reports that the “Five-year development plan 2014–19” has been adopted, providing for measures to promote and safeguard justice at work and quality in employment, and that in 2018 the Ministry of Labour completed the design of the Labour Market Observatory aimed at contributing to the evaluation of jobs in the public and private sectors. The main objective is to identify relevant factors in competencies and skills required by employers, occupational training opportunities, levels of schooling among the population and productive sectors with greater opportunities. The Government emphasizes that these measures seek to facilitate equal opportunities by promoting freedom of information on employment possibilities. The Committee notes these initiatives and 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 techniques for objective job evaluation, comparing factors such as skill, effort, responsibilities and working conditions. Article 3 also makes it clear that differential rates between workers are compatible with the principle of the Convention if they correspond, without regard to sex, to differences determined by such evaluation (see the 2012 General Survey on the fundamental Conventions, paragraph 695). The Committee requests the Government to indicate the manner in which the Labour Market Observatory has contributed to the adoption of a mechanism for objective job evaluation in both the public and private sectors with a view to ensuring gender equality in the setting of pay levels.

Enforcement. In its previous comments, the Committee asked the Government to take the necessary steps to ensure that labour inspectors receive training in relation to the principle and content of the Convention. In this regard, the Government indicates that in the context of the ILO project funded by the European Commission (DG Trade) to give support to countries which are beneficiaries of the GSP+ programme (GSP: generalized system of preferences), training was held for officials, including 59 labour inspectors and ten managers and technical staff from the National Inspection Directorate. Furthermore, between 2015 and 2018, a total of 21 inspectors attended training courses on gender matters organized by the Salvadoran Institute for Women. The Government adds that, between May 2014 and June 2018, labour inspectors carried out 316 inspections, in which 44 per cent of beneficiaries were women. Inspections included ongoing plans for monitoring equality policies and women’s rights. The Government indicates that labour mediation has benefited more women than men in terms of monetary value gained. The Committee notes the Government’s indications on the work of the labour inspectorate and the training received by inspectors, but observes that it is unable to determine whether labour inspectors have received specific training relating to the content of the Convention. The Committee therefore once again requests the Government to take the necessary steps to ensure that labour inspectors receive training in relation to the principle and content of the Convention.