Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

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

The Committee notes the supplementary information provided by the Government on matters raised in the direct request addressed to it and also reiterates the content of its observation adopted in 2019, which is reproduced below.

Article 1(b) of the Convention. Legislation. In its previous comments, the Committee requested the Government to harmonize its legislation, Act No. 648 of 2008 on equal rights and opportunities, 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. The Committee notes that, in its report, the Government provides detailed information on the legislation in force, particularly on Act No. 648 of 2008, but that it does not provide any information on the harmonization of the Act with the principle enshrined in the Convention. The Committee recalls that the concept of “work of equal value” lies at the heart of the fundamental right of equal remuneration for men and women for work of equal value, and the promotion of equality. The concept of “work of equal value” is fundamental to tackling occupational gender segregation in the labour market, which exists in almost every country, as it permits a broad scope of comparison, including, but going 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 (see 2012 General Survey on the fundamental Conventions, paragraph 673). 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 vis-à-vis their employers and the competent authorities, whether their claim is on the basis of comparable data drawn from their own employer or from other comparable work outside their enterprise, the Committee urges the Government to take action in order to harmonize Act No. 648 of 2008 on equal rights and opportunities, to incorporate fully the principle of equal remuneration for men and women workers for work of equal value, as enshrined in the Convention and to provide information on progress in this regard.

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