Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Equal Remuneration Convention, 1951 (No. 100) - Cuba (Ratification: 1954)

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Articles 1 and 2 of the Convention. Evaluation and treatment of the gender pay gap.With a view to determining the gender pay gap in the country and its evolution, the Committee once again requests the Government to provide statistical information on the remuneration rates of men and women by occupational category or economic sector. Where this information is not available, the Committee requests the Government to adopt measures to collect it.

Article 3. Objective job evaluation. The Committee notes the Government’s indication that: (i) the system of job descriptors is adopted through regulatory provisions, in accordance with the characteristics of each entity and without reference to any element that may be discriminatory; and (ii) the job descriptors include the nomenclature of the job, the degree of complexity, the tasks and qualifications required to perform the job. The Government also explains that the enterprise system can design wage scales in accordance with Decree No. 53 of 2021 on the organization of the enterprise system within the Cuban state enterprise system, section 4 of which provides for the principles of equality (for work of similar complexity, there shall be similar wages, without discrimination whatsoever) and differentiation (the wage takes account of the complexity of the work, job conditions, suitability demonstrated and personal contribution). The Government also indicates that sections 2, 166, 171 and 175 of the Labour Code provide for the right of workers to bring actions before the competent bodies and authorities for the recognition and implementation of the labour and social security rights enshrined in legislation. The Committee also notes that the Government has opted for an analytical method of job evaluation, which has been found to be the most effective for the purpose of ensuring gender equality in the determination of remuneration, as it analyses and classifies jobs on the basis of objective factors relating to the jobs to be compared, such as skills/qualifications, effort, responsibilities and working conditions (2012 General Survey, paragraph 700). The Committee requests the Government to indicate how, in practice, it is ensured that the implementation of the wagesystem of job descriptors and Decree No. 53 of 2021 are free of gender bias (for example, how it is ensured that capacities considered to be “feminine”, such as manual dexterity and skills related to caring for people, are not undervalued, in comparison with traditionally “masculine” capacities, such as the handling of heavy objects). It therefore requests the Government to provide information on the distribution of men and women in the different categories and positions of the public service with their corresponding wage level.

Enforcement. The Government reports that: (i) between 2018 and 2021, monthly training was provided for labour inspectors in new legal standards, the Labour Code and wage standards, as well as in wage equality; and (ii) it did not receive any complaints relating to gender wage discrimination. The Committee requests the Government to provide information on the content of the training provided for the labour inspectorate concerning wage equality, in particular whether it includes training to help identify cases of wage discrimination. Noting the absence of complaints filed concerning wage discrimination, the Committee also requests the Government to indicate whether measures have been taken or envisaged to identify possible obstacles to the presentation of such complaints, and to continue to provide information on any complaints presented to the competent authorities.