Equal Remuneration Convention, 1951 (No. 100) - Uruguay (Ratification: 1989)

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Articles 2(2)(b) and 3 of the Convention. Wage boards and objective job evaluation. The Committee previously requested the Government to provide information on the specific measures taken with a view to the establishment of a mechanism for the objective evaluation of jobs with a gender perspective that enables a comparison to be made of different jobs in the public sector and to promote such evaluation in the private sector. In this respect, the Committee notes the Government’s indication that, from the analysis of the total number of salaried workers (private and public) and their average hourly wage income (taking into account main and secondary work), it can be noted that the wage income gap between men and women increased in 2019 in favour of men, reaching 3.7 per cent. The Government states that an increase in the gap in 2020 can be expected in view of the global health crisis generated by COVID-19, which affects women more than men. The Government adds that contractual clauses on gender (for example, care, equality of opportunity and treatment, gender-based violence, sexual and reproductive health, sexual harassment, special leave based on gender, etc.) are included in collective bargaining agreements on the wage boards, and that a steady increase in such clauses has been observed (in 2018, 140 out of 189 bargaining tables included these clauses). The Committee notes this information. The Committee requests the Government to provide information on the current method for the promotion of objective evaluation of jobs, in conformity with Article 3 of the Convention. The Committee reminds the Government of the possibility of availing itself of the technical assistance of the Office in this regard.

Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

Articles 1 and 4 of the Convention. Gender wage gap. The Committee previously requested the Government to provide information on any measures adopted with a view to reducing the wage gap between men and women workers, including the measures adopted within the framework of the National Gender Equality Strategy 2030 and Act No. 19580 on gender-based violence against women, and any measures adopted with a view to addressing educational and occupational segregation between men and women, and the results achieved. The Committee notes that the Government: (1) reports that it has carried out awareness-raising activities, and information and educational campaigns relating to the Convention, through Government bodies, in particular the Tripartite Commission on Equality of Opportunity and Treatment in Employment (CTIOTE), coordinated by the Ministry of Labour and Social Security, and together with the National Institute for Women and the employer and worker sectors, aiming to overcome, improve and eliminate the gender pay gap; (2) recognizes that there are challenges to the professional advancement of women, known as the glass ceiling, which prevents them from accessing high-level positions in enterprises and institutions, and indicates that work continues in this area; (3) has attached gender statistics from 2019 and indicates that it is noted that women receive on average 76.3 per cent of what men receive (it considers that the gap is due to the fact that, on average, women work fewer paid hours than men as a result of the high burden of unpaid work that constitutes a barrier to the full integration of women in the labour market); (4) states that with regard to the analysis of the difference between women’s and men’s income, there are significant differences according to the branch of activity in which men and women are occupied; (5) indicates that women’s representation increased substantially in the legislative power owing to the Act on quotas; and (6) states that, in the University of the Republic, 54 per cent of the teaching posts are occupied by women and 46 per cent by men (it indicates that in the higher positions, women are less represented). With regard to the National Gender Equality Strategy 2030, the Government states that under the current administration new priority strategic lines are being defined aimed at achieving gender equality. Lastly, with regard to the application of Act No. 19580, the Government indicates that: (1) the National Institute for Women of the Ministry of Social Development has a gender-based violence response system; (2) the system is integrated into various mechanisms, which in turn are part of the interinstitutional comprehensive response system to gender-based violence, in accordance with the law; and (3) the 2016–2019 Action Plan “For a life free from gender-based violence, with a generational perspective” recognizes the strategic importance of including within the interinstitutional comprehensive response system, a faster and more effective occupational integration response for women who are suffering or who have suffered gender-based violence. The Committee notes this information. While noting that the Government acknowledges that there are challenges to the professional advancement of women, which prevents them from accessing high-level positions in enterprises and institutions, the Committee requests the Government to take the necessary measures, in cooperation with workers’ and employers’ organizations, to continue its efforts to reduce the gender pay gap. The Committee reminds the Government of the possibility to avail itself of ILO technical assistance in this regard.

Articles 1 and 2. Equal remuneration for men and women for work of equal value. Definition of remuneration. Legislation. With regard to its request to consider giving full legislative effect to the principle of the Convention and including in the legislation a definition of the term “remuneration”, in accordance with Article 1(a) of the Convention, the Committee notes in the Government’s report that the country has still not established a regulation defining the term “remuneration” and work of equal value. The Committee asks the Government to take, without delay, appropriate measures to give full legislative effect to the principle of equal pay for men and women for work of equal value.

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

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Article 3 of the Convention. Wage boards and objective job evaluation. In its previous comments, the Committee requested the Government to indicate the criteria that are used to determine wage rates by occupational category and the manner in which it is ensured that these criteria are free from any gender bias resulting in the undervaluation of occupations performed by women. The Committee also requested the Government to take specific measures to establish a mechanism for the objective evaluation of jobs with a gender perspective that enables a comparison between different jobs in the public sector and to promote such evaluation in the private sector. The Committee notes the Government’s indication that the criteria used to determine occupational categories and wage rates are established by workers’ and employers’ organizations through tripartite collective bargaining undertaken in wage boards. The Government also indicates that action is taken to promote the inclusion in the agreements concluded by wage boards of clauses on non-discrimination on grounds of gender, including wage discrimination. According to the Government’s report, as of March 2017, non discrimination clauses had been registered in 56 agreements. Nevertheless, the Government indicates that it does not have at its disposal information on the impact of these clauses on remuneration rates, but will assess the feasibility of producing data to show this impact. The Committee also notes that the Government has not provided information on the mechanisms for the objective evaluation of jobs promoted in the private sector and used in the public sector. The Committee once again recalls that the concept of “work of equal value” requires some method of measuring and comparing the relative value of different jobs (2012 General Survey on the fundamental Conventions, paragraphs 695 et seq.). The Committee once again requests the Government to provide information on the specific measures taken with a view to the establishment of a mechanism for the objective evaluation of jobs with a gender perspective that enables a comparison to be made of different jobs in the public sector and to promote such evaluation in the private sector.

Article 4. Cooperation with employers’ and workers’ organizations. The Committee requests the Government to continue providing information on any measures adopted in collaboration with employers’ and workers’ organizations with a view to giving effect to the provisions of the Convention.

Participation of women in wage boards. In its previous comments, the Committee requested the Government to provide information on the participation of women in wage boards and on any measures adopted by the Government and the social partners to increase such representation. The Committee notes the Government’s indication that women account for 73 per cent of Government delegates on wage boards, but only 5 per cent of the total titular representatives of employers and workers. Of the 24 activity groups into which wage boards are divided, the group covering domestic work is composed exclusively of women delegates. The Committee also notes the Government’s indication that the Work Plan 2015–20 of the National Gender Council provides for the promotion of the participation of women in wage boards as negotiators for the State, and for employers’ and workers’ organizations.

Supervision and application. The Committee requests the Government to provide information on any decisions handed down by ordinary or other courts relating to matters of principle connected with the application of the Convention, and on any violation of the principle of the Convention detected by labour inspectors, the penalties imposed and the compensation granted.

Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

Articles 1 and 3 of the Convention. Wage gap and legislation. The Committee recalls that, in its previous comments, it referred once again to the lack of any definition in the national legislation of the terms “remuneration” or “work of equal value” and noted the persistent gender wage gap and the occupational segregation between men and women. The Committee emphasized that giving full legislative effect to the principle of equal remuneration for men and women for work of equal value is particularly important in order to ensure the application of the Convention and it therefore requested the Government to take specific measures to give full legislative expression to the principle of the Convention and to define the term “remuneration” in the legislation in order to reflect the definition in the Convention. It also requested the Government to take measures to reduce the gender wage gap, including by addressing the issue of occupational segregation between men and women and the promotion of women in better jobs in the context of the equal opportunities plans that are adopted. The Committee notes the Government’s indication in its report that the legislation lacks essential definitions, such as of the term “remuneration”, due to the fact that there is no systematic body of labour standards. Nevertheless, the Government indicates that the need has not been felt up to now for the existence of such definitions. The Committee also notes the Government’s reference to the study “Persistent inequalities: Labour market, skills and gender”, undertaken in 2014 by the United Nations Development Programme (UNDP), according to which, neither the greater labour market participation of women nor their higher skill levels have succeeded in reducing the wage gap. The study indicates that the factors which contribute to the wage gap between men and women workers include horizontal segregation in education, which has the effect of further strengthening the concentration of women workers in certain sectors and activities; the difficulties encountered by women in gaining access to higher level jobs; and care responsibilities, which result in women devoting fewer hours than men to paid work during the life cycle. The Committee notes that, according to the study, the greatest wage gap is found among employees at the tertiary level, where there is a significantly higher proportion of women than men (63.4 per cent). For example, among accountancy and financial auxiliaries, the wage gap is 30 per cent, and it is 20 per cent among professional doctors and similar personnel, and 32 per cent between specialists in social and human sciences. The study also notes that in the two primary occupations in which women are engaged, that is primary school and pre-school teaching, and office work, the wage gap is almost 13 per cent. The Committee notes the Government’s indication that, with a view to eliminating gender wage gaps, awareness-raising campaigns are continuing to be undertaken with a view to transforming current cultural attitudes. The development of a comprehensive system of care has also been promoted, in respect of which the Committee refers to its comments on the application of the Workers with Family Responsibilities Convention, 1981 (No. 156). The Committee also notes the National Strategy for Gender Equality 2030 which includes, among the various types of action envisaged by 2030: (i) promoting the application of the principle of equal remuneration for work of equal value; (ii) eliminating educational segregation and promoting the access of women to areas related to science; and (iii) reducing horizontal and vertical occupational segregation in the public and private sectors. The Committee also notes with interest that Act No. 19580 on gender-based violence against women, of 22 December 2017, by recognizing the “lower wages for work performed due to the fact of being a woman” as a form of labour violence against women (section 6), provides that the Ministry of Labour and Social Security and any other body or institution connected with labour and social security policies shall promote measures to guarantee the exercise of the “right to equal remuneration for work of equal value” without discrimination (section 23). However, the Act does not define the concept of “work of equal value” or of “remuneration”. The Committee recalls that the concept of “work of equal value” includes, but goes 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, and it emphasizes the importance of a clear legislative framework to ensure the application of the Convention in practice. Under these conditions, recalling the importance of guaranteeing that men and women have a legal basis for asserting their right to equal remuneration in respect of their employers and the competent authorities, the Committee once again requests the Government to consider giving full legislative effect to the principle of the Convention and including in the legislation a definition of the term “remuneration”, in accordance with Article 1(a) of the Convention, and to provide information on any developments in this regard. The Committee also requests the Government to continue providing information on any measures adopted with a view to reducing the wage gap between men and women workers, including the measures adopted within the framework of the National Gender Equality Strategy 2030 and Act No. 19580 on gender-based violence against women, including any measure adopted with a view to addressing educational and occupational segregation between men and women, and the results achieved. Noting the Government’s indication that the greatest wage gap is found among employees at the tertiary level, the Committee requests the Government to provide information on the reasons why the wage gap is wider in higher level jobs.

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

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Article 3 of the Convention. Wage boards and objective job evaluation. The Committee notes that wage boards are responsible for establishing occupational categories and standardizing requirements for each job. In addition, the central state administration uses the “Job descriptions handbook”, which describes the content, responsibilities and skills for all occupations. The Government also indicates in its report that as part of the scheme for the certification of quality with gender equality, organizations that wish to obtain the quality seal must guarantee that they do not reduce wages as a form of discrimination and are obliged to have a wage policy that is free of gender bias. However, the Committee notes that the Government does not indicate which objective criteria are used to establish occupational categories and does not state whether objective job evaluations have been conducted in order to determine whether the principle of the Convention is applied in practice. The Committee stresses the importance of such evaluations, particularly when marked occupational segregation exists, where jobs traditionally held by women tend to be undervalued. The concept of “equal value” requires some method of measuring and comparing the relative value of different jobs. In order to determine whether the principle of equal remuneration for work of equal value is effectively applied, there needs to be an examination of the respective tasks involved, taking account of objective criteria that are free of gender stereotypes, such as skill, effort, responsibilities and working conditions, and comparison has to be made between the various jobs performed by men and women and the wages received. This comparison must be as broad as possible and not be limited to the same establishment or enterprise (see General Survey on the fundamental Conventions, 2012, paragraphs 695 et seq.). The Committee asks the Government to indicate the criteria which are used for determining wage rates for each occupational category and how it ensures that these criteria are free from any gender bias, which results in undervaluation of occupations performed by women. The Committee requests the Government to take specific measures to establish a mechanism for the objective evaluation of jobs with a gender perspective that enables a comparison of different jobs in the public sector and to promote such evaluation in the private sector.

Collective bargaining. The Committee notes the Government’s information concerning the gender equality clauses incorporated in collective agreements signed in the context of the wage boards. The Committee asks the Government to supply information, including statistics, on the impact of gender equality clauses on pay rates for men and women.

Participation of women in the wage boards. The Committee asks the Government to supply information on the participation of women within the wage boards, and on any steps taken by the Government and the social partners to increase such representation.

Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

Articles 1 and 3 of the Convention. Wage gap and legislation. For a number of years the Committee has been referring to the lack of any definition of the terms “remuneration” or “work of equal value” in the legislation and to the gender wage gap. The Committee notes the Government’s statement in its report that the gender wage gap in 2013 was 31 per cent when measured both by sector of activity and by level of education, and that the gender wage gap in hourly rates was 9 per cent (compared with 11.3 per cent in 2009). The statistical information supplied by the Government also shows that the gap is more pronounced in sectors where women predominate. For example, whereas the wage gap in the construction sector, where men predominate, is 5 per cent, in the sectors of education, social services and health, and domestic work, where women predominate, the respective wage gaps are 31, 35 and 51 per cent. This difference in favour of men is even more pronounced for higher management posts. The Committee also notes that the evaluation report on the first National Plan for Equality of Opportunities and Rights (PIODNA 2007–11) recognizes the persistence of the pay gap, particularly since 2009, and the existence of marked occupational segregation between men and women. In this respect, the Committee refers to its comments on the application of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111). The Committee also recalls that wages are fixed by tripartite wage boards for each category or sector. The Committee recalls that where wages are fixed at the sectoral level, there is a tendency to set lower wages for sectors predominantly employing women (see General Survey on the fundamental Conventions, 2012, paragraph 683). In view of the persistent gender wage gap, occupational segregation between men and women, and the fact that wages are established by sector of activity, the Committee considers that giving full legislative effect to the principle of equal remuneration for men and women for work of equal value is particularly important in order to ensure the application of the Convention. The Committee requests the Government to adopt specific measures to give full legislative expression to the principle of equal remuneration for men and women for work of equal value and to define the term “remuneration” in legislation to reflect the definition in the Convention. The Committee also requests the Government to take steps to reduce the gender wage gap, including by addressing the issue of occupational segregation between men and women and promoting women in better jobs in the context of any equal opportunities plans that are adopted. The Committee requests the Government to provide information, including statistics, on any developments in these matters.

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

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Wage gap and legislation. The Committee notes the Government’s indication that average total remuneration for men is 22 per cent higher than for women. The Committee also notes that the Government adds in its report on the application of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), that the gender wage gap in hourly rates in 2009 was 11.3 per cent, compared with 9.6 per cent in 2008. The gap is more pronounced in higher management posts, with a 46 per cent gap with respect to executives in public administration and enterprises. Observing the widening of the wage gap between 2008 and 2009 and taking into account that the legislation does not contain any definition of the term “remuneration” or refer to the principle of “equal remuneration for work of equal value”, the Committee asks the Government to take the necessary measures in law and in practice to apply the principle of the Convention in both the public and private sectors, particularly in relation to higher management posts. The Committee asks the Government to send information on the impact of these measures.

Methods of objective job evaluation. In its previous comments the Committee asked the Government to develop mechanisms for the objective evaluation of jobs under the National Equal Opportunity and Rights Plan, which would allow different jobs to be compared in the public sector, and to promote such evaluation in the private sector, in order to reduce the gender wage gap. The Government indicates that the gender variable has been incorporated into the register of state employment and the Human Resources Management System (SGH) of the central administration, which is a source of gender-based information on pay for public officials aimed at conducting studies to promote evidence-based equality policies. In addition, the “Job descriptions handbook” for the central state administration was drawn up. The Government adds that in one of the state bodies which apply the “Quality management with gender equality programme” (PGCE), a review of executive, technical and management careers is being undertaken in order to define equitable criteria for pay in accordance with the competencies of officials. The Committee asks the Government to supply information on the results of the studies undertaken on pay for public officials, disaggregated by sex. The Committee also asks the Government to indicate the manner in which the “Job descriptions handbook” for the central state administration is applied and its impact on reducing the gender wage gap in the public sector. The Committee also asks the Government to supply information on the steps taken to promote an objective appraisal of jobs with gender mainstreaming in the private sector.

Wage boards and collective bargaining. In its previous comments the Committee noted the Government’s statement that the Tripartite Commission on Equality of Opportunity and Treatment in Employment (CTIOTE) decided to recommend the inclusion of an equality clause in the next round of the wage boards (tripartite sectoral bodies which fix the minimum wage for each occupational category). Under the terms of this clause, the parties agree to promote the Convention and also the inclusion of clauses aimed at implementing the principle of equal remuneration for work of equal value in any future agreements. The Committee notes the Government’s indication that as a result of these measures, the number of collective agreements including this type of clause has trebled. The Government also indicates that, further to CTIOTE recommendations, awareness-raising and training days have been held on gender issues for officials who represent the Executive Authority within the wage boards. The Committee asks the Government to send information on the impact on rates of pay of agreements that include equality clauses signed in the context of the wage boards or collective bargaining. The Committee also asks the Government to indicate the criteria used to determine such rates of pay and also the measures taken to ensure that these criteria do not contain any gender bias that results in jobs performed by women being undervalued.

Participation of women in the wage boards. The Committee asks the Government to supply information on the representation of women within the wage boards and on any steps taken by the Government and the social partners to increase such representation.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Wage gap. With regard to the Committee’s previous comments, the Government indicates that the main instrument which it will use to eliminate the wage gap between men and women is the National Equal Opportunity and Rights Plan, which proposes, in Strategic Approach 29, Action 3, the adoption of measures to reduce the wage gap between men and women. Under section 8 of Act No. 18104, the Coordinating Council for Public Policies on Gender Equality shall be responsible for ensuring compliance with the Act and its regulations. It also notes that a study is being carried out to eliminate pay inequalities in the public sector. In its 2006 general observation on the Convention, the Committee stated that, in order to establish whether different jobs are of equal value, there has to be an examination of the respective tasks involved. This examination must be undertaken on the basis of entirely objective and non-discriminatory criteria to avoid an assessment being tainted by gender bias. Whatever methods are used for the objective evaluation of jobs, particular care must be taken to ensure that they are free from gender bias: it is important to ensure that the selection of factors for comparison, the weighting of such factors and the actual comparison carried out, are not inherently discriminatory. Often, skills considered to be “female”, such as manual dexterity and those required in caring professions, are undervalued or even overlooked, in comparison with traditionally “male” skills, such as heavy lifting. The Committee reiterates that the concept of work of equal value under the Convention includes work which, although not equal or similar or in the same undertaking or branch, is nevertheless of equal value. The development of mechanisms for the objective evaluation of jobs should allow these jobs to be compared based on the tasks involved and should make it possible to eliminate that part of the gap originating from occupational segregation. In this regard, the Committee encourages the Government to develop mechanisms for the objective evaluation of jobs under the National Equal Opportunity and Rights Plan which will allow different jobs to be compared in the public sector and to promote such evaluation in the private sector, and to provide information on this matter. Please also provide information on any other measures to reduce the wage gap.

Referring to its general observation of 2006, the Committee recalls the importance of including the principle of the Convention in legislation. Such legislation should not only provide for equal remuneration for equal, the same or similar work, but should also prohibit pay discrimination that occurs in situations where men and women perform different work that is nevertheless of equal value. Recalling that the national legislation does not contain any definition of the term “remuneration”, the Committee refers the Government to the definition of remuneration provided in Article 1(a) of the Convention and hopes that, in the context of future amendments to the legislation, such definition will be incorporated in the national legislation. The Committee asks the Government to consider including the principle of equal remuneration for men and women for work of equal value in its legislation and to provide information in this regard.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

Wage boards and the promotion of the principle of the Convention through collective bargaining. In its previous comments, the Committee noted that according to the Inter-Union Assembly of Workers – National Convention of Workers (PIT–CNT), wage board decrees still contain discriminatory criteria, such as the female form of names for certain activities, and 85 per cent of these decrees contain no general clauses on equality. It indicated that these are the instruments most often and directly used by workers, in particular at trade union level, and that the incorporation into such decrees of the principle set forth in the Convention would constitute an important means of dissemination and awareness raising. The PIT–CNT also indicated that women are under-represented on the wage boards mentioned.

The Committee notes with interest the information provided by the Government that steps have been taken with regard to the comments indicated and it notes, in particular, that the Tripartite Commission on Equality of Opportunity and Treatment in Employment (CTIOTE) unanimously decided to include an equality clause in the wage board round. Under this clause, which is included in collective agreements, the parties agree to promote compliance with the ILO Equal Remuneration Convention, 1951 (No. 100), the Maternity Protection Convention (Revised), 1952 (No. 103), the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), the Workers with Family Responsibilities Convention, 1981 (No. 156), and the MERCOSUR Social and Labour Declaration. According to the report, for the purposes of implementing this clause, a series of conditions have been proposed, including the principle in the Convention of equal remuneration for work of equal value. The Government also indicates that although women are under-represented on the wage boards, each delegation (Government, employers and workers) selects its own representatives and the only delegation which has a majority of women (70 per cent) is the Government. The Government also indicates that the terminology used does not affect the principle of equality but that the government representatives on the wage board will be instructed to modify the terminology which is regarded as discriminatory. The Committee wishes to stress that the use of the female form of names for certain activities may hinder the full application of the principle of the Convention because it contributes to the maintaining of certain stereotypical assumptions regarding the role of women in the labour market. As highlighted by the Committee in its general observation of 2006, this may result in the segregation of women in certain jobs as well as in the undervaluation of the jobs predominantly or exclusively performed by them. The Committee therefore asks the Government to take steps to ensure that the discriminatory terminology in the wage board decrees is amended and asks it to provide information in this regard. The Committee asks the Government to provide information on the impact of the inclusion of the equality clause in collective agreements, in particular, with regard to the principle of equal remuneration for men and women for work of equal value. It also asks the Government to continue providing information on the representation of women on wage boards and on any steps taken by the Government and by the social partners to increase the representation of women on wage boards.

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

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

1. Wage gap. The Committee notes that the Inter-Union Assembly of Workers – National Convention of Workers (PIT-CNT) highlighted the existence of a significant wage gap between men and women. It appears that women earn on average 70 per cent of the salary received by men, with this wage gap increasing in higher level jobs. Moreover, the Committee notes the activities and initiatives undertaken by the Tripartite Commission on Equality of Opportunity and Treatment in Employment, the National Labour Directorate and the National Institute for Women to promote and disseminate the principle of equality of opportunity and treatment in employment without any distinction between men and women. The Committee asks the Government to provide, in its next report, detailed information on the measures adopted or envisaged to promote respect for  the principle of equal remuneration for men and women for work of equal value and the measures aimed at reducing the wage gap between men and women.

2. Article 1. With regard to the measures adopted or envisaged by the Government to incorporate the definition of the terms “remuneration” and “work of equal value” into national legislation, the Committee notes the Government’s indication that no progress has been made in this area. The Committee trusts that the Government will take the necessary measures to give legal effect to the principle enshrined in the Convention.

Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes the comments of the Inter-Union Assembly of Workers – National Convention of Workers (PIT-CNT), sent with the Government’s report and received on 23 October 2006.

Wage boards. The Committee notes the PIT-CNT’s indication that wage board decrees still contain discriminatory criteria, such as the female form of names for certain activities (oficial cortadora (cutter), mucama (maid), secretaria (secretary), lavandera (washerwoman), operaria volante (temporary manual worker), etc.) and that 85 per cent of these decrees contain no general clauses on equality. The PIT-CNT indicates that these instruments are those that are most often and directly used by workers, in particular at trade union level, and that the incorporation into such decrees of the principle set forth in the Convention would constitute an important means of dissemination and awareness raising. Finally, it indicates that women are under-represented on the wage boards mentioned. The Committee asks the Government to provide information regarding any measures taken to address the issues raised by the PIT-CNT. It also asks the Government to provide information on the manner in which it collaborates with employers’ and workers’ organizations so as to ensure that the principle set forth in the Convention is applied. It also asks the Government to explain the interrelationship between the Tripartite Commission on Equality of Opportunity and Treatment in Employment and the wage boards.

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

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

1. The wage gap. With reference to paragraphs 1 and 2 of its previous direct request, the Committee notes the information provided by the Government and asks it to continue supplying information on the plans and programmes adopted to give effect to the principle set out in the Convention, as well as an evaluation of their impact. Also noting the study on wage discrimination in Uruguay provided by the Government, it observes that the conclusions of the study indicate that during the 1990s the wage gap was reduced, which can be explained by changes in human resources and the labour participation rate. Nevertheless, according to the study, discrimination remains the principal factor explaining the remaining wage gap. In particular, the Committee requests information on the measures that are taken in practice to give effect to the action recommended under objective No. 8 "Reduce the wage gap between men and women" of the Tripartite Commission’s "Plan for Equality of Treatment and Opportunities in Employment".

2. Recalling that the national legislation does not contain a definition of the terms "remuneration" and "work of equal value", the Committee once again asks the Government to continue providing information on the measures adopted or envisaged to amend the national legislation, thereby giving legislative expression to the principle set out in the Convention.

3. The Committee notes with interest the many activities carried out by the Tripartite Commission on Equality of Opportunity and Treatment in Employment and would be grateful if the Government would continue providing information on the work of the Commission.

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

1. The Committee notes that, according to the communication of the Inter-Union Assembly of Workers - National Convention of Workers (PIT-CNT), received in October 2002, Act No. 16045, which prohibits all discrimination that violates the principle of equality of treatment and opportunities for both sexes, has hardly been applied in practice due to its poor dissemination, including among magistrates, lawyers and teachers. The trade union further emphasizes that the Act is inadequate and requires amendment. Among other measures, accessible remedial procedures should be established, since the procedure envisaged by the Act is understood to have been abolished by the current General Procedural Code; the burden of proof should be reversed, placing the onus on employers, and protection should be afforded to workers against reprisals; sufficiently dissuasive penalties should be established, as well as economic incentives and bonuses for employers who adopt measures to promote equality. The workers’ organization adds that there is no adequate control of compliance with existing provisions and that, although this is a function of the labour inspectorate, labour inspectors have accorded insufficient importance to the issue of discrimination. The PIT-CNT also indicates that the Tripartite Commission on Equality of Opportunity and Treatment in Employment lacks institutional support and the necessary infrastructure to discharge its functions. In conclusion, it notes that women’s unemployment rates are higher than those of men. The Committee notes that these issues are related to the general equality issues covered by the Discrimination (Employment and Occupation) Convention, 1958 (No. 111). The principle of equality is indivisible and many of the difficulties which arise when endeavouring to give effect to equal remuneration for work of equal value are closely connected to the situation of women and men in employment and society. In a general context of inequality, it is not possible to secure non-discriminatory evaluation of the work done by men and women nor to ensure that everyone is entitled to all the components of remuneration, without discrimination based on sex.

2. The Committee therefore asks the Government to provide its comments on the communication of the PIT-CNT, and particularly on the effect given to Act No. 16045, the efforts made to adopt accessible recourse procedures, to which the Committee also refers in its comments on Convention No. 111, the progress achieved in strengthening the activities of the labour inspectorate in relation to equality and the support provided for the Tripartite Commission referred to above.

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

Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the information provided by the Government in its report, which also includes statistics, judicial rulings and a study of wage discrimination. The Committee also notes the comments communicated by the Inter-Union Assembly of Workers - National Convention of Workers (PIT-CNT), on matters related to the application of the Convention, which were received by the Office on 14 October 2002. The information received will be examined by the Committee at its next session.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the information contained in the Government’s report.

1. In its previous comments, the Committee had noted the existence of significant gender-based wage gap between men and women workers, as well as the presence of vertical occupational segregation. According to information compiled by Uruguay’s National Statistics Office in 1995, women’s average hourly wage in 1995 was 75 per cent of men’s corresponding hourly wages. This disparity was even greater for female professionals, managers and businesspeople, who earned an hourly wage slightly over half of the wages earned by that of men in equivalent positions. Further, according to the National Statistics Office, only one out of four managers in Uruguay is female (see Government’s fourth periodic report to the UN Human Rights Committee, CCPR/C/95/Add.9, at paragraphs 23 24 (5 May 1997)). In light of these figures, the Committee repeats its request that the Government supply information in its next report on all measures taken or contemplated to improve the status of women in the labour market and to eliminate existing gender-based wage disparities as well as vertical occupational segregation which impedes women’s access to higher-ranking and better-paid positions.

2. Referring to its previous comments regarding the promulgation of Decree 37/97 of 5 February 1997, which expressly prohibits discrimination on the basis of sex in the establishment of criteria for evaluating remuneration, access to training opportunities, promotions and remuneration (section 3), the Committee requests the Government to provide concrete information in its next report on the application of the principle of non-discrimination in respect of remuneration, as well as on measures taken or contemplated to implement section 6 of Decree 37/97, which provides for affirmative action on the basis of sex. Further, recalling once again that the domestic legislation does not define "remuneration" or "work of equal value", and does not contain any specific reference to the principle of the Convention, the Committee repeats its request that the Government inform it of any steps taken or envisaged to modify the domestic legislation in order to promote application of the Convention.

3. In its previous reports the Government indicated that the wages of a large number of private and public sector workers are set by collective bargaining agreements. The Committee once again asks the Government to supply, in its next report, examples of collective agreements concluded during the reporting period which contain clauses relevant to the application of the Convention. In this context, please indicate how the valuation of work is determined for purposes of wage setting and how gender bias is avoided in this process. The Committee also once again repeats its request that the Government supply information, in its next report, on the work done and the progress achieved by the bilateral special technical committee created by the 1991 industry-wide agreement for the textile industry, to eliminate sex-based wage differentials in that industry. The Government is also again asked to confirm that sex-based differentials such as those contained in the 1989 and 1991 collective agreements for the textile industry have in fact been eliminated in the industry-wide agreements currently in force.

4. The Committee notes from the report that the body of inspectors especially trained to detect gender-based employment discrimination has not been formed, as contemplated in the National Plan of Action 1992-1997 of the Institute for Women and the Family. The Committee asks the Government to keep it informed with regard to the creation of this specialized group of inspectors. It also reiterates its request that the Government provide statistical information in its next report on the number of inspections conducted relevant to equal pay, the number of violations identified and the outcomes, including penalties imposed.

5. The Committee would appreciate receiving information on the activities of the Tripartite Commission on Equality of Opportunity and Treatment in Employment, whose tasks include providing technical assistance in connection with new legislation in the area of equal opportunity and treatment as well as disseminating information on relevant legislation and promoting equal opportunity. The Committee also repeats its request that the Government provide information on the specific methods of cooperation utilized between the Government and employers’ and workers’ organizations to ensure and promote the application to all workers of the principle of equal remuneration for men and women for work of equal value.

6. The Committee notes that, according to the Government’s second periodic report to the United Nations Economic and Social Council, in Judgement No. 12,365 of the Second Rota Labour Court of Appeal, the Uruguayan court interpreted the scope of the principle of equal pay for equal work, imposing a penalty upon the employer for engaging in wage discrimination. The Committee requests the Government to supply a copy of the judgement, as well as copies of any other administrative or judicial decisions relevant to the Convention.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes the Government's report and the attached jurisprudence issued by the Cassation Court of Uruguay.

1. The Committee notes the Government's fourth periodic report to the UN Human Rights Committee under the International Covenant on Civil and Political Rights (CCPR/C/95/Add.9), which reflects the persistence of a significant gender-based wage gap and suggests the presence of vertical occupational segregation. The figures contained in the CCPR report show that women constitute 42.4 per cent of the economically active urban population, predominating in the areas of personal services (67 per cent) and professional and technical services (62 per cent). Women join the labour force with a higher average level of education than men and, in fact, twice as many female workers as male workers have a post-secondary education. Nevertheless, women's average hourly wage is 75 per cent of men's corresponding hourly wage. The report indicates that this inequality is greatest for female professionals and managers, who earn an hourly wage that is a little over half that of men in equivalent positions. In light of these figures, the Committee requests the Government to provide information on measures taken to improve the status of women in the labour market and to reduce the wage gap.

2. The Committee notes the Government's statements that the principle of the Convention is guaranteed by the provisions of articles 8, 54 and 72 of the Constitution, by Act No. 16.045 of 2 June 1989, as well as by the Government's ratification of the Convention. The Committee notes with interest the promulgation of Decree No. 37/97 of 5 February 1997, regulating Act No. 16.045 which, in section 3, expressly prohibits discrimination on the basis of sex in the establishment of criteria for evaluating remuneration, access to training opportunities, promotions and remuneration. Section 6 of Decree No. 37/97 further provides that affirmative action on the basis of sex will not be deemed to constitute discrimination. The Committee notes the above indications; nonetheless, it recalls that domestic legislation does not define the terms "remuneration" and "work of equal value", nor does it contain any specific reference to the principle of the Convention. The Committee would be grateful if the Government would continue to inform it of the adoption of new legislation or amendments to existing legislation relevant to the Convention.

3. In previous reports, the Government has indicated that a large number of workers in both the public and private sectors rely on collective bargaining agreements to negotiate their remuneration. The Government has stated that collective agreements submitted to the Executive must contain a clause prohibiting wage differentials between men and women, and that the Government urges its labour representatives to include such a clause in every collective agreement concluded. Accordingly, the Committee again asks the Government to supply, in its next report, examples of collective agreements concluded during the reporting period which contain clauses pertinent to the application of the principle of the Convention. In this context, please indicate how the valuation of work is determined for purposes of wage setting and how gender bias is avoided in this process. The Committee also repeats its request that the Government supply information, in its next report, on the work done and the progress achieved by the bilateral special technical committee created by the 1991 industry-wide agreement for the textile industry, to eliminate sex-based wage differentials in that industry. The Government is also asked to confirm that sex-based differentials such as those contained in the 1989 and 1991 collective agreements for the textile industry have in fact been eliminated in the industry-wide agreements currently in force.

4. With regard to the application of the principle of the Convention, the Committee notes that the National Plan of Action 1992-97 of the Institute for Women and the Family called for, inter alia, the creation of a body of inspectors, within the Labour Inspectorate, specialized in gender-based employment discrimination. The Committee asks the Government to indicate whether such a specialized inspectorate has yet been established and to provide, in its next report, information on the number of inspections conducted relevant to equal pay, the number of violations identified and the outcomes, including penalties imposed.

5. The Committee notes with interest the creation in March 1997 of a Tripartite Commission on Equality of Opportunity and Treatment in Employment composed of representatives of workers, employers, the Ministry of Labour and Social Security and the Institute for Women and the Family. The report indicates that the tasks of the new Tripartite Commission include providing technical assistance in connection with new legislation in the area of equal opportunity and treatment, as well as disseminating information on relevant legislation and promoting equal opportunity. The Committee further notes that technical assistance will be provided by the Office to the Tripartite Commission in connection with ILO Convention No. 111. Given the intrinsic overlap between Conventions Nos. 111 and 100 in the area of sex discrimination in employment and occupation and with respect to Article 4 of the Convention, the Committee would be grateful if the Government would provide information on the specific methods of cooperation utilized among the tripartite partners to ensure and promote the application to all workers of the principle of equal remuneration for men and women for work of equal value. As an example, such measures may include posting an affirmation of the principle of equal pay for work of equal value in a conspicuous area in the workplace, promoting transparency in the examination of job grades and job titles contained in collective bargaining agreements in both the public and private sectors, and providing guidance and training in the development of non-discriminatory methods for job appraisal that take into account factors more likely to be present in female-dominated jobs, factors which are often not identified or considered by traditional job appraisal methods.

Observation (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes the comments made by the trade union of the National Administration of Electrical Power Plants and Transmissions (UTE) -- Inter-Union Assembly of Workers -- National Confederation of Workers (PIT/CNT) concerning cases of sex discrimination occurring in the administration in question. It is alleged that owing to the application of social security standards specific to them, women receive sums lower than those paid to men for the purposes of benefits relating to voluntary redundancy. Furthermore, the Committee notes that the Government states that complaints have been submitted to the General Labour Inspectorate concerning the situation, which are now under consideration. The Committee observes that, according to paragraph 17 of the 1986 General Survey on equal remuneration, allowances made under a public system of social security are not to be considered as part of remuneration and are not therefore covered by the Convention. However, the Committee will deal with certain aspects of these comments relating to discrimination in employment under Convention No. 111.

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes the Government's report and the information supplied in answer to its previous direct request on Article 3 of the Convention.

1. With regard to Legislative Decree No. 14785 of 19 June 1978, section 5, which provides that in addition to remuneration in cash, benefits in kind shall be paid to rural workers and members of the family ("wives, children and parents") living with them, the Committee notes the Government's statement that these benefits relate to either the worker's wife or, if the woman is the worker, to her husband. Since the Government explained in its previous reports that this section has been tacitly repealed by subsequent legislation (Act No. 16045 of June 1989, which prohibits any discrimination in employment on grounds of sex, and Act No. 16063 of October 1989, which ratifies the Convention), the Committee would be grateful if the Government would keep it informed in future reports on the application of this provision prohibiting discrimination in employment on grounds of sex.

2. Articles 1 and 2 of the Convention. The Committee recalls that national legislation contains no definition of the terms "remuneration" and "work of equal value" nor any specific reference to the principle of equal remuneration for work of equal value. The Committee notes that the Government considers that the principle of the Convention is guaranteed by the provisions of the Constitution and the law which prohibit all discrimination, particularly in respect of remuneration. It also notes that collective agreements submitted to the Executive must contain a clause prohibiting any difference in remuneration between men and women. The Committee notes the information supplied by the Government in its latest report that it has not been possible to find the Decree of 14 September 1987 requested and presumes that it gave information in error about a provision which it had been intended to approve but which had not been approved. Furthermore, it indicates that it urged its labour representatives, each time their negotiators concluded a collective agreement, to incorporate a clause affirming equal remuneration between men and women. The Committee requests the Government to supply as far as possible examples of recent collective agreements which include such clauses.

3. The Committee recalls that the 1989 and 1991 collective agreements for the textile industry establish wage scales differentiated on the basis of sex. Furthermore, clause 77 of the 1991 agreement establishes a bilateral special technical committee whose specific responsibilities include eliminating all references to sex in job classifications and in the definition of certain jobs hitherto regarded as exclusively "female". In this connection, the Committee notes from the statistics supplied by the Government for the first quarter of 1993 that, in both the public and private sectors, women's average earnings are well below those of men in all occupations examined. In its recent report, the Government indicates that in both the public and private sectors there is a large number of workers who negotiate their remuneration by means of collective agreements concluded by their trade unions in which there are officials of both sexes, which guarantees equality, and that for those workers whose minimum wage is fixed by the Government (domestic and rural workers, and minimum national wage) there is no differentiation on the basis of sex.

The Committee urges the Government to take measures to remove all discriminatory provisions from the above-mentioned collective agreements, and any other collective agreements, and to provide particulars of the work done, including the results, by the special technical committee to eliminate wage differentials based on sex in the textile industry.

4. Article 4. The Committee again asks the Government to provide specific information on the methods of cooperation between the Government and employers' and workers' organizations (for example, in the tripartite group on international relations under the chairmanship of the Minister of Labour) to ensure and promote the application to all workers of the principle of equal remuneration for men and women for work of equal value.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes the Government's report and the information supplied in answer to its previous direct request.

1. Articles 1 and 2 of the Convention. The Committee recalls that the national legislation contains no definition of the terms "remuneration" and "work of equal value" nor any specific reference to the principle of equal remuneration for work of equal value. The Committee notes that the Government considers that the principle of the Convention is guaranteed by the provisions of the Constitution and the law which prohibit all discrimination, particularly in respect of remuneration. It also notes that collective agreements must contain a clause prohibiting any differences in remuneration based on sex. In this connection the Committee recalls that it asked the Government to provide a copy of the Decree of 14 September 1987 referred to previously by the Government, which provides that a clause on equal remuneration for men and women must be included in all collective agreements submitted to the Executive. The Committee would therefore be grateful if the Government would provide a copy of the Decree, and of collective agreements containing clauses banning differences in remuneration based on sex (there are no such clauses in any of the updated collective agreements sent by the Government), and provide information on the scope and practical effects of the above-mentioned Decree.

2. With regard to Legislative Decree No. 14785 of 19 June 1978, section 5 of which provides that in addition to remuneration in cash, benefits in kind shall be paid to rural workers and members of the family ("wives, children and parents") living with them, the Committee asked whether the benefits in question apply to both men and women workers. The Committee notes the Government's statement that it considers that the above-mentioned Legislative Decree has been tacitly repealed, as regards the distinctions it makes on grounds of sex, by the adoption of Act No. 16045 of June 1989, which prohibits any discrimination on grounds of sex in employment and Act No. 16063 of October 1989, which ratifies the Convention. These Acts which came into force after Decree No. 14785 are incompatible with the provisions on discrimination contained in the Decree and repeal them implicitly, as is allowed under domestic legislative procedure. While noting that, according to the Government, Legislative Decree No. 14785 is applied in practice without discrimination and that the term "worker" refers to both men and women, the Committee points out that the benefits provided for in the Decree apply only to wives. The Committee considers that it should not be difficult to amend the legislation on this subject to bring it into conformity with the practice and the Convention. It asks the Government to keep it informed of any measures taken to this end.

3. The Committee recalls that the 1989 and 1991 collective agreements for the textile industry establish wage scales differentiated on the basis of sex. Furthermore, clause 77 of the 1991 agreement establishes a bilateral Special Technical Committee whose specific responsibilities include eliminating all references to sex in job classifications and in the definition of certain jobs hitherto regarded as exclusively "female". In this connection, the Committee notes from the statistics supplied by the Government for the first quarter of 1993 that in both the public and private sectors women's average earnings are well below those of men in all occupations examined. The Committee again asks the Government to indicate the measures taken or envisaged to remove all discriminatory provisions from the above-mentioned collective agreements and any other collective agreement and to provide particulars of the work, including the results, done by the Special Technical Committee to eliminate wage differentials based on sex in the textile industry.

4. Article 3. The Committee recalls the importance of applying job classification systems based on objective criteria in order to eliminate all discrimination on the ground of sex in remuneration. It again asks the Government to indicate in its next report whether any measures have been taken to remove all wage differentials based on sex and to provide particulars of the factors taken into consideration.

5. Article 4. The Committee again asks the Government to provide specific information on the methods of cooperation between the Government and employers' and workers' organizations (for example, in the tripartite group on international relations under the chairmanship of the Minister of Labour) to ensure and promote the application to all workers of the principle of equal remuneration for men and women for work of equal value.

6. Statistical information. The Committee notes the statistics provided by the Government. It asks the Government to send the following information:

(i) the public service wage scales and the distribution of men and women at the various grades, together with additional information on the divisions ("incisos"), grades and steps;

(ii) for the private sector, the texts of the decisions of the wage committees and collective agreements which determine wages for a series of enterprises or activities (particularly sectors employing a large sector of women, such as manufacturing industries, services, apparel and textiles), indicating the number of women covered by these agreements and the percentage of men and of women employed at the different levels; and

(iii) the reports of the General Inspectorate of Labour and Social Security concerning, in particular, the application of the Convention, indicating the infringements recorded, penalties imposed and court decisions, if any, handed down pursuant to Act No. 16045.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes the information contained in the Government's first report and would be grateful to the Government for supplying the following information in its next report.

Article 1 of the Convention. The Committee notes that there is no definition of the terms "remuneration" and "work of equal value", nor a specific reference to the principle of equal pay for work of equal value, in the national legislation. It accordingly asks the Government for the definition of "remuneration" and to provide information on whether legislation expressly stating the principle of the Convention is envisaged.

Article 2. 1. The Committee asks the Government to supply a copy of the Decree dated 14 September 1987 - referred to in its report - which requires the inclusion of a clause on equal remuneration for men and women workers in collective agreements submitted to the Executive, as well as information on the scope and practical effect of the provisions of this Decree.

2. The Committee notes that Legislative Decree No. 14785 of 19 June 1978 provides that employers must provide rural workers and their families with hygienic living and eating conditions, sufficient meals, and the means to obtain necessary medical assistance and facilitate school attendance for the children of rural workers. In addition to the mandatory cash remuneration paid to rural workers, section 5 expressly states that these in-kind benefits are for the rural worker and "his family (wife, children and parents)" living with him. The Committee requests the Government to indicate whether the benefits provided for in Legislative Decree No. 14785 apply to both men and women rural workers and their spouses, children and parents and whether measures are being taken to amend section 5 to make it clear that this type of remuneration is to be provided without discrimination based on sex.

3. The Committee notes that the 1989 and 1991 collective agreements for the textiles industry establish wage scales differentiated on the basis of sex. It also notes that clause 77 of the 1991 agreement establishes a bilateral Special Technical Commission with the specific responsibility, inter alia, of eliminating all references to sex in job classification and the definition of certain jobs as exclusively "female". The Committee asks the Government to indicate the measures taken or envisaged to remove all discriminatory provisions in the above-mentioned collective agreements and in any other agreement containing such provisions, and in particular to inform it of the work and results of the Special Technical Commission in eliminating wage differentials based on sex in the textiles sector.

Article 3. The Committee draws the Government's attention to the importance of implementing job classification methods based on objective criteria in order to ensure the elimination of wage discrimination based on sex and asks it to indicate in its next report whether positive steps have been taken both to eliminate all differences in pay rates based on sex and to supply a description of the factors used.

Article 4. The Committee requests the Government to provide specific information on the methods of cooperation between the Government and employers' and workers' organizations aimed at ensuring and promoting the application to all workers of the principle of equal remuneration between men and women workers for work of equal value.

Provision of statistical data. The Committee notes that the Government has not provided enough information to enable an appraisal of the extent to which wage differentials based on sex have been reduced through application of the Convention. Accordingly, the Committee requests the Government to provide, in its next report, detailed information concerning the implementation in practice of the Convention including:

(i) in the public sector, the applicable salary scales with an indication of the percentage of men and women employed at different levels;

(ii) in the private sector, texts of current wage council decisions and collective agreements fixing wages in a range of enterprises or industries (particularly for sectors employing significant numbers of women, such as manufacturing, the service sector and clothing and textiles industries), with an indication of the number of women covered by these agreements and information on the percentage of women and men employed at different levels;

(iii) statistical data concerning the minimum or basic wage rates and the average actual earnings of men and women in the economy, broken down, where possible, by occupation, sector of employment, seniority or level of qualifications, as well as information on the percentage of women employed in different occupations or sectors; and

(iv) information regarding any enforcement activities under Acts Nos. 15903 of 1987 and 16045 of 1989 with a view to removing wage disparities.