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

Equal Remuneration Convention, 1951 (No. 100) - Honduras (Ratification: 1956)

The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020) and the Government’s indication that the COVID-19 pandemic has had a serious impact on the submission of its supplementary report. The Committee proceeded with the examination of the application of the Convention on the basis of the supplementary information received from the Government this year, as well as on the basis of the information at its disposal in 2019.

The Committee notes the observations of the Honduran National Business Council (COHEP), received on 1 October 2020, relating to the minimum wage, the distribution of the benefits awarded to workers in the maquila industry, compliance with the principle of the Convention, objective job evaluation, cooperation with employers' and workers' organizations, and application in practice through the work of the labour inspectorate, as well as the Government’s reply received on 6 November 2020.

Articles 1 and 2 of the Convention. National policy and plans. In its previous comment, the Committee requested the Government to provide information on the measures taken or envisaged to improve women’s access to a broader range of occupations that offer career prospects and higher wages. The Committee notes the information provided in this respect and refers to its detailed comments on the application of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), particularly with regard to the elimination of gender stereotypes.

Article 2. Minimum wages. In its previous comment, the Committee requested the Government to provide information on the application of the principle of equal pay for men and women for work of equal value in the context of the determination of minimum wages. The Committee notes the Government’s indication that the Minimum Wage Commission sets minimum wages in accordance with the country’s current economic and social indices. The Committee also notes COHEP’s indication in its observation that, when setting the minimum wage, matters relating to the gender pay gap are not taken into consideration. The Committee also notes the adoption of Executive Decision No. STSS-006-2019 which sets minimum wages by branch of activity for 2019 and 2020, and approves the minimum wage for the maquila industry for 2019 to 2023, signed in the tripartite Agreement for the Promotion, Investment, Generation, Protection and Development of Decent Employment, Health, Access to Credit, Consolidation of Debt and Access to Housing of Workers in the Honduran Maquiladora Textile Sector and other Companies in the Free Zone, signed on 13 December 2018 (Maquila Sector Agreement). The Committee notes that the level of the minimum wage in the maquila sector, which is predominantly female, is the second lowest, just above the level applicable to small enterprises in agriculture, forestry, hunting and fishing. In this respect, the Committee notes the indication by the Government and COHEP that, as well as setting the minimum wage, the Maquila Sector Agreement provides that the Government and the Honduran Association of Maquiladoras (AHM) shall provide other benefits, including the purchase of social housing and access to childcare facilities. The Committee recalls that the fact that minimum wage legislation does not distinguish between men and women is not sufficient in itself to ensure that the process is not affected by gender bias, and that special attention is needed in the design or adjustment of sectoral minimum wage schemes to ensure that the rates fixed are free from gender bias, and in particular that certain skills considered to be “female” are not undervalued (see General Survey of 2012 on the fundamental Conventions, paragraph 683). In this respect, the Committee observes that Part Four of Executive Decision No. STSS-006-2019 refers, with regard to monitoring the payment of minimum wages, to the application of the principle of equal pay for men and women workers for work of equal value. The Committee requests the Government to take measures so that the principle of equal pay for men and women for work of equal value is taken into consideration, not only in relation to the monitoring of the payment of minimum wage rates, but also in the mechanisms that set those rates, to ensure that certain skills deemed to be “female” are not undervalued and are taken sufficiently into account, as opposed to traditionally “masculine” skills. The Committee also requests the Government to provide information on the distribution in practice of benefits granted to maquila industry workers (percentage of beneficiaries, value attributed to the benefits, etc.). Finally, the Committee requests the Government to provide information on the application in practice of Part Four of Executive Agreement No. STSS-006-2019.

Article 3. Objective job evaluation. In its previous comment, the Committee requested the Government to ensure that, when adopting any objective job evaluation mechanism, it allows the measurement and comparison of jobs on the basis of objective criteria. The Committee notes that the Government does not indicate in its report whether there is an objective job evaluation mechanism. It also notes that COHEP as well as the General Confederation of Workers (CGT) and the Workers’ Confederation of Honduras (CTH) indicate that no objective job evaluation mechanism is in place. In this respect, COHEP indicates that it took part in preparing the OHN-3001 standard on the gender equality control system. The Committee recalls that the Convention requires the adoption of measures to promote the objective evaluation of jobs and that evaluation methods are formal procedures which, through analysing the content of jobs, give a numerical value to each job (see General Survey of 2012 on the fundamental Conventions, paragraph 700). The Committee requests the Government to indicate whether such procedures exist and, if so, at which levels (national, sectoral, company, etc.). Noting that the business sector has developed a voluntary standard on a gender equity control system, the Committee requests the Government to indicate whether that system includes an objective job evaluation method.

Article 4. Cooperation with workers’ and employers’ organizations. In its previous comment, the Committee requested the Government to take measures in order to conduct awareness-raising activities on the importance of the principle, targeting employers’ and workers’ organizations. The Committee notes that, in this respect, the Government refers to the Gender Equality and Equity Plan II 2010-2022 (II PIEGH). The Committee also notes the indication by COHEP that it participated in the tripartite working group on employment and gender for the implementation of the plan and that the Government did not raise the issue of the pay gap with employers. The Committee notes that, in its response to the observations of COHEP, the Government indicates that this issue was discussed in the Economic and Social Council (CES), in the context of the Table on International Labour Standards, whose members have agreed that it was necessary to raise awareness on the principle included in the Convention with employers and workers, for which it was suggested to request the technical assistance of the ILO. The Committee requests the Government to continue to provide information on its collaboration with employers’ and workers’ organizations concerned, in the context of the tripartite working group on employment and gender of the Economic and Social Council (CES), and in other forums, in order to apply the principle of equal pay for men and women for work of equal value.

Application in practice. Labour inspection. In its previous comment, the Committee requested the Government to provide information on the application of the principle in practice. The Committee also notes the Government’s indication that it expects positive results following the adoption of the Labour Inspection Act, by means of Decree No. 178-2016 (Labour Inspection Act) which increases the applicable penalties in relation to minimum wages. The Committee also notes the Government’s indication that there are no recorded complaints about the payment of lower wages to women. The Committee recalls the importance of training for labour inspectors in order to increase their ability to prevent, detect and settle cases of discrimination in relation to pay (see General Survey of 2012, paragraph 875). The Committee requests the Government to provide information on labour inspection activities relating to the application of the principle of equal pay for men and women for work of equal value.