Equal Remuneration Convention, 1951 (No. 100) - San Marino (Ratification: 1985)

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Articles 1(b) and 2(2)(a) of the Convention. Equal remuneration for men and women for work of equal value. Legislation. The Committee recalls that the principle of equal remuneration between men and women for work of equal value is not expressly provided for in Law No. 40 of 1981 on gender equality in the labour market, but, according to the Government, it can be considered implicitly covered by this legislation in that the Law requires the adoption of common criteria for women and men under the job classification systems used to determine remuneration rates. The Committee also recalls that the Government previously indicated that Law No. 40 of 1981 must be read together with article 15 (equal pay) of Law No. 7 of 1961, which provides that women workers shall receive the same remuneration as men for the same work performed. The Committee reiterates that such a provision is narrower that the principle of the Convention because the concept of “work of equal value” 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, paragraphs 673–675). The Committee againurges the Government to take the necessary steps to amend the legislation so as to fully reflect the principle of equal remuneration for men and women for work of equal value, and asks it to provide information on any developments in this respect. It furthermore reiterates its request for information on the steps taken to ensure:

• (i)in cooperation with the social partners, that the provisions of collective agreements reflect the principle of the Convention; and
• (ii)that objective job evaluation methods are used to measure and compare the relative value of different jobs for the purpose of determining remuneration rates in line with the principle of the Convention.

Enforcement and awareness-raising. The Committee notes the Government’s indication that no awareness-arising activity has been undertaken on the principle of the Convention due, among other things, to the lack of issues raised in this respect. The Committee observes that a failure to raise such issues may indicate not that they do not exist but rather a failure to recognize them. It further notes that the Government requests that the ILO co-organizes a sensitization activity on the principle of the Convention and also asks it to support the Government in verifying that equal pay is realized in the labour market. The Committee asks the Government:

• (i)to enhance the capacity of the competent authorities, including judges, labour inspectors and other public officials, to identify and address cases of violation of the principle of the Convention; and
• (ii)to provide information on any cases of unequal remuneration detected by the labour inspection services or dealt with by the courts.

The Committee also asks the Government to provide information on any follow-up to its request for technical cooperation of the ILO.

Statistics. Noting the absence of disaggregated information, the Committee again encourages the Government to collect, analyse and supply data disaggregated by sex on remuneration levels of men and women in the various sectors and occupational categories, and any information available on the gender pay gap.

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

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 1 of the Convention. Equal remuneration for work of equal value. In its previous comments, the Committee noted the Government’s indication that, although the principle of equal remuneration between men and women for work of equal value is not expressly provided for in Law No. 40 of 1981 on gender equality in the labour market, it can, nonetheless, be considered implicitly covered by this legislation in that the Law requires the adoption of common criteria for women and men under the job classification systems used to determine remuneration rates. Given that it remained unclear whether these common criteria would also be applied when comparing jobs of a different nature, the Committee asked the Government to: (i) clarify the coverge of the provision of Law No. 40 of 1981 concerning job classification systems; (ii) indicate any judicial or administrative decisions applying Law No. 40 of 1981 in line with the principle of the Convention; and (iii) provide information on the job classification methods used in accordance with the Law and on the manner in which it is ensured that the criteria followed are not intrinsically discriminatory and do not undervalue jobs traditionally performed by women. The Committee notes that in its report the Government indicates that Law No. 40 of 1981 must be read together with article 15 (equal pay) of Law No. 7 of 1961, which stipulates that women workers shall receive the same remuneration as men for the same work performed. The Government also indicates that, in both the private and public sectors, remuneration levels are determined on the basis of job classification systems that make no distinctions as to the gender of the worker. The Government adds that jobs traditionally considered as “feminine” can be performed also by men workers and the remuneration rates applied will be the same for both men and women. The Committee further notes the Government’s indication that there has been no judicial or administrative decision involving questions of principle relating to the application of the Convention. The Committee recalls that, due to historical attitudes and stereotypes regarding women’s aspirations, preferences and capabilities, certain jobs are held predominantly or exclusively by women (such as in caring professions) and others by men (such as in construction). Often “female jobs” are undervalued in comparison with work of equal value performed by men when determining wage rates. The Committee draws the Government’s attention to the fact that the concept of “work of equal value” is fundamental to tackling occupational sex segregation in the labour market, 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. It presupposes the use of appropriate techniques for objective job evaluation to determine value, comparing factors such as skill, effort, responsibilities and working conditions. Comparing the relative value of jobs in occupations which may involve different types of skills, responsibilities or working conditions, but which are nevertheless of equal value overall, is essential in order to eliminate pay discrimination resulting from the failure to recognize the value of work performed by women and men free from gender bias (see 2012 General Survey on the fundamental Conventions, paragraphs 673–675). Considering that legal provisions that are narrower than the principle laid down in the Convention hinder progress in eradicating gender-based pay discrimination, the Committee urges the Government to amend the legislation so as to fully reflect the principle of equal remuneration between men and women for work of equal value, and to provide information on any developments in this respect. The Committee also requests the Government to provide information on the steps taken to ensure: (i) in cooperation with the social partners, that the provisions of collective agreements observe the principle of the Convention; and (ii) that objective job evaluation methods are used to measure and compare the relative value of different jobs for the purpose of determining remuneration rates in line with the principle of the Convention.

Enforcement. The Committee notes the Government’s indication that the Commission for Equal Opportunities has not undertaken activities related to the principle of the Convention. The Committee asks the Government to provide information on any relevant activities, including public awareness raising and capacity building for enforcement authorities and the social partners on the principle of equal remuneration for work of equal value, undertaken by the Commission for Equal Opportunities or other competent bodies.

Statistics. The Committee notes the information provided by the Government on minimum wages in various industries. It also notes the Government’s indication that no violations have been detected by the labour inspectors. The Committee again encourages the Government to gather and supply statistical information disaggregated by sex on remuneration levels of men and women in the various sectors and occupational categories. The Committee also asks the Government to provide information on any relevant violations detected by the labour inspection services and any other information that could help the Committee gain a general appreciation of the degree of application of the Convention in the country.

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

Article 1 of the Convention. Equal remuneration for work of equal value. In its previous comments, the Committee noted the Government’s indication that, although the principle of equal remuneration between men and women for work of equal value is not expressly provided for in Law No. 40 of 1981 on gender equality in the labour market, it can, nonetheless, be considered implicitly covered by this legislation in that the Law requires the adoption of common criteria for women and men under the job classification systems used to determine remuneration rates. Given that it remained unclear whether these common criteria would also be applied when comparing jobs of a different nature, the Committee asked the Government to: (i) clarify the coverge of the provision of Law No. 40 of 1981 concerning job classification systems; (ii) indicate any judicial or administrative decisions applying Law No. 40 of 1981 in line with the principle of the Convention; and (iii) provide information on the job classification methods used in accordance with the Law and on the manner in which it is ensured that the criteria followed are not intrinsically discriminatory and do not undervalue jobs traditionally performed by women. The Committee notes that in its report the Government indicates that Law No. 40 of 1981 must be read together with article 15 (equal pay) of Law No. 7 of 1961, which stipulates that women workers shall receive the same remuneration as men for the same work performed. The Government also indicates that, in both the private and public sectors, remuneration levels are determined on the basis of job classification systems that make no distinctions as to the gender of the worker. The Government adds that jobs traditionally considered as “feminine” can be performed also by men workers and the remuneration rates applied will be the same for both men and women. The Committee further notes the Government’s indication that there has been no judicial or administrative decision involving questions of principle relating to the application of the Convention. The Committee recalls that, due to historical attitudes and stereotypes regarding women’s aspirations, preferences and capabilities, certain jobs are held predominantly or exclusively by women (such as in caring professions) and others by men (such as in construction). Often “female jobs” are undervalued in comparison with work of equal value performed by men when determining wage rates. The Committee draws the Government’s attention to the fact that the concept of “work of equal value” is fundamental to tackling occupational sex segregation in the labour market, 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. It presupposes the use of appropriate techniques for objective job evaluation to determine value, comparing factors such as skill, effort, responsibilities and working conditions. Comparing the relative value of jobs in occupations which may involve different types of skills, responsibilities or working conditions, but which are nevertheless of equal value overall, is essential in order to eliminate pay discrimination resulting from the failure to recognize the value of work performed by women and men free from gender bias (see 2012 General Survey on the fundamental Conventions, paragraphs 673–675). Considering that legal provisions that are narrower than the principle laid down in the Convention hinder progress in eradicating gender-based pay discrimination, the Committee urges the Government to amend the legislation so as to fully reflect the principle of equal remuneration between men and women for work of equal value, and to provide information on any developments in this respect. The Committee also requests the Government to provide information on the steps taken to ensure: (i) in cooperation with the social partners, that the provisions of collective agreements observe the principle of the Convention; and (ii) that objective job evaluation methods are used to measure and compare the relative value of different jobs for the purpose of determining remuneration rates in line with the principle of the Convention.

Enforcement. The Committee notes the Government’s indication that the Commission for Equal Opportunities has not undertaken activities related to the principle of the Convention. The Committee asks the Government to provide information on any relevant activities, including public awareness raising and capacity building for enforcement authorities and the social partners on the principle of equal remuneration for work of equal value, undertaken by the Commission for Equal Opportunities or other competent bodies.

Statistics. The Committee notes the information provided by the Government on minimum wages in various industries. It also notes the Government’s indication that no violations have been detected by the labour inspectors. The Committee again encourages the Government to gather and supply statistical information disaggregated by sex on remuneration levels of men and women in the various sectors and occupational categories. The Committee also asks the Government to provide information on any relevant violations detected by the labour inspection services and any other information that could help the Committee gain a general appreciation of the degree of application of the Convention in the country.

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments initially made in 2008. The Committee also notes that the Government had been requested to provide information to the Committee on the Application of Standards at the 106th Session of the International Labour Conference for failure to supply reports and information on the application of ratified Conventions.

Repetition

Article 1 of the Convention. Equal remuneration for work of equal value. The Committee notes the Government’s indication that, although the principle of equal remuneration between men and women for work of equal value is not expressly provided for in Law No. 40 of 1981 on gender equality in the labour market, it can, nonetheless, be considered implicitly covered by this legislation in that the Law requires the adoption of common criteria for women and men under the job classification systems used to determine remuneration rates. The Committee, however, considers that it is not clear whether these common criteria would also be applied when comparing jobs of a different nature. The Committee asks the Government to: (i) clarify the extent of the provision of Law No. 40 of 1981 concerning job classification systems; (ii) indicate any judicial or administrative decisions applying Law No. 40 of 1981 in line with the principle of the Convention; and (iii) provide information on the job classification methods used in accordance with the Law and on the manner in which it is ensured that the criteria followed are not intrinsically discriminatory and do not undervalue jobs traditionally performed by women.

Enforcement. The Committee asks the Government to provide information on the activities carried out by the Commission for Equal Opportunities with respect to the application of the principle of equal remuneration for work of equal value, including information on the assessment of the implementation of relevant laws and regulations.

Statistics. The Committee notes the statistical information provided by the Government. The Committee encourages the Government to gather and supply statistical information disaggregated by sex on remuneration levels of men and women in the various sectors and occupational categories. The Committee also asks the Government to provide information on any relevant violations detected by the labour inspection services and any other information that could help the Committee gain a general appreciation of the degree of application of the Convention in the country.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 1 of the Convention. Equal remuneration for work of equal value. The Committee notes the Government’s indication that, although the principle of equal remuneration between men and women for work of equal value is not expressly provided for in Law No. 40 of 1981 on gender equality in the labour market, it can, nonetheless, be considered implicitly covered by this legislation in that the Law requires the adoption of common criteria for women and men under the job classification systems used to determine remuneration rates. The Committee, however, considers that it is not clear whether these common criteria would also be applied when comparing jobs of a different nature. Referring to its 2006 general observation on the Convention, the Committee wishes to emphasize that, when determining wage rates, historical attitudes towards the role of women in society may result in the undervaluation of “female jobs” in comparison with those traditionally performed by men. It is, therefore, crucial to ensure that objective job evaluation methods free from gender bias, are adopted in order to establish whether different jobs are of equal value. The Committee thus asks the Government to: (i) clarify the extent of the provision of Law No. 40 of 1981 concerning job classification systems; (ii) indicate any judicial or administrative decisions applying Law No. 40 of 1981 in line with the principle of the Convention; and (iii) provide information on the job classification methods used in accordance with the Law and on the manner in which it is ensured that the criteria followed are not intrinsically discriminatory and do not undervalue jobs traditionally performed by women.

Enforcement. The Committee notes from the Government’s report that in 2004 the “Commission for the study of problems concerning the integration of laws for the legal equality of women” was replaced by the Commission for Equal Opportunities. The Committee also notes that this Commission is mandated, among other things, to assess the implementation of laws and regulations concerning equality of opportunity and treatment. The Committee asks the Government to provide information on the activities carried out by the Commission for Equal Opportunities with respect to the application of the principle of equal remuneration for work of equal value, including information on the assessment of the implementation of relevant laws and regulations.

Statistics. The Committee notes the statistical information provided by the Government. The Committee encourages the Government to gather and supply with its next report statistical information disaggregated by sex on remuneration levels of men and women in the various sectors and occupational categories. The Committee also asks the Government to provide information on any relevant violations detected by the labour inspection services and any other information that could help the Committee gain a general appreciation of the degree of application of the Convention in the country.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes with regret that the Government’s report has not been received. It expresses concern in this respect. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 1 of the Convention. Equal remuneration for work of equal value. The Committee notes the Government’s indication that, although the principle of equal remuneration between men and women for work of equal value is not expressly provided for in Law No. 40 of 1981 on gender equality in the labour market, it can, nonetheless, be considered implicitly covered by this legislation in that the Law requires the adoption of common criteria for women and men under the job classification systems used to determine remuneration rates. The Committee, however, considers that it is not clear whether these common criteria would also be applied when comparing jobs of a different nature. Referring to its 2006 general observation on the Convention, the Committee wishes to emphasize that, when determining wage rates, historical attitudes towards the role of women in society may result in the undervaluation of “female jobs” in comparison with those traditionally performed by men. It is, therefore, crucial to ensure that objective job evaluation methods free from gender bias, are adopted in order to establish whether different jobs are of equal value. The Committee thus asks the Government to: (i) clarify the extent of the provision of Law No. 40 of 1981 concerning job classification systems; (ii) indicate any judicial or administrative decisions applying Law No. 40 of 1981 in line with the principle of the Convention; and (iii) provide information on the job classification methods used in accordance with the Law and on the manner in which it is ensured that the criteria followed are not intrinsically discriminatory and do not undervalue jobs traditionally performed by women.

Part III of the report form. The Committee notes from the Government’s report that in 2004 the “Commission for the study of problems concerning the integration of laws for the legal equality of women” was replaced by the Commission for Equal Opportunities. The Committee also notes that this Commission is mandated, among other things, to assess the implementation of laws and regulations concerning equality of opportunity and treatment. The Committee asks the Government to provide information on the activities carried out by the Commission for Equal Opportunities with respect to the application of the principle of equal remuneration for work of equal value, including information on the assessment of the implementation of relevant laws and regulations.

General appreciation of the application of the Convention. The Committee notes the statistical information provided by the Government. The Committee encourages the Government to gather and supply with its next report statistical information disaggregated by sex on remuneration levels of men and women in the various sectors and occupational categories. The Committee also asks the Government to provide information on any relevant violations detected by the labour inspection services and any other information that could help the Committee gain a general appreciation of the degree of application of the Convention in the country.

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

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous comments.

Repetition

Article 1 of the Convention. Equal remuneration for work of equal value. The Committee notes the Government’s indication that, although the principle of equal remuneration between men and women for work of equal value is not expressly provided for in Law No. 40 of 1981 on gender equality in the labour market, it can, nonetheless, be considered implicitly covered by this legislation in that the Law requires the adoption of common criteria for women and men under the job classification systems used to determine remuneration rates. The Committee, however, considers that it is not clear whether these common criteria would also be applied when comparing jobs of a different nature. Referring to its 2006 general observation on the Convention, the Committee wishes to emphasize that, when determining wage rates, historical attitudes towards the role of women in society may result in the undervaluation of “female jobs” in comparison with those traditionally performed by men. It is, therefore, crucial to ensure that objective job evaluation methods free from gender bias, are adopted in order to establish whether different jobs are of equal value. The Committee thus asks the Government to: (i) clarify the extent of the provision of Law No. 40 of 1981 concerning job classification systems; (ii) indicate any judicial or administrative decisions applying Law No. 40 of 1981 in line with the principle of the Convention; and (iii) provide information on the job classification methods used in accordance with the Law and on the manner in which it is ensured that the criteria followed are not intrinsically discriminatory and do not undervalue jobs traditionally performed by women.

Part III of the report form. The Committee notes from the Government’s report that in 2004 the “Commission for the study of problems concerning the integration of laws for the legal equality of women” was replaced by the Commission for Equal Opportunities. The Committee also notes that this Commission is mandated, among other things, to assess the implementation of laws and regulations concerning equality of opportunity and treatment. The Committee asks the Government to provide information on the activities carried out by the Commission for Equal Opportunities with respect to the application of the principle of equal remuneration for work of equal value, including information on the assessment of the implementation of relevant laws and regulations.

Part V. General appreciation of the application of the Convention. The Committee notes the statistical information provided by the Government. The Committee encourages the Government to gather and supply with its next report statistical information disaggregated by sex on remuneration levels of men and women in the various sectors and occupational categories. The Committee also asks the Government to provide information on any relevant violations detected by the labour inspection services and any other information that could help the Committee gain a general appreciation of the degree of application of the Convention in the country.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

Article 1 of the Convention. Equal remuneration for work of equal value. The Committee notes the Government’s indication that, although the principle of equal remuneration between men and women for work of equal value is not expressly provided for in Law No. 40 of 1981 on gender equality in the labour market, it can, nonetheless, be considered implicitly covered by this legislation in that the Law requires the adoption of common criteria for women and men under the job classification systems used to determine remuneration rates. The Committee, however, considers that it is not clear whether these common criteria would also be applied when comparing jobs of a different nature. Referring to its 2006 general observation on the Convention, the Committee wishes to emphasize that, when determining wage rates, historical attitudes towards the role of women in society may result in the undervaluation of “female jobs” in comparison with those traditionally performed by men. It is, therefore, crucial to ensure that objective job evaluation methods free from gender bias, are adopted in order to establish whether different jobs are of equal value. The Committee thus asks the Government to: (i) clarify the extent of the provision of Law No. 40 of 1981 concerning job classification systems; (ii) indicate any judicial or administrative decisions applying Law No. 40 of 1981 in line with the principle of the Convention; and (iii) provide information on the job classification methods used in accordance with the Law and on the manner in which it is ensured that the criteria followed are not intrinsically discriminatory and do not undervalue jobs traditionally performed by women.

Part III of the report form. The Committee notes from the Government’s report that in 2004 the “Commission for the study of problems concerning the integration of laws for the legal equality of women” was replaced by the Commission for Equal Opportunities. The Committee also notes that this Commission is mandated, among other things, to assess the implementation of laws and regulations concerning equality of opportunity and treatment. The Committee asks the Government to provide information on the activities carried out by the Commission for Equal Opportunities with respect to the application of the principle of equal remuneration for work of equal value, including information on the assessment of the implementation of relevant laws and regulations.

Part V. General appreciation of the application of the Convention. The Committee notes the statistical information provided by the Government. The Committee encourages the Government to gather and supply with its next report statistical information disaggregated by sex on remuneration levels of men and women in the various sectors and occupational categories. The Committee also asks the Government to provide information on any relevant violations detected by the labour inspection services and any other information that could help the Committee gain a general appreciation of the degree of application of the Convention in the country.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

Article 1 of the Convention. Equal remuneration for work of equal value. The Committee notes the Government’s indication that, although the principle of equal remuneration between men and women for work of equal value is not expressly provided for in Law No. 40 of 1981 on gender equality in the labour market, it can, nonetheless, be considered implicitly covered by this legislation in that the Law requires the adoption of common criteria for women and men under the job classification systems used to determine remuneration rates. The Committee, however, considers that it is not clear whether these common criteria would also be applied when comparing jobs of a different nature. Referring to its 2006 general observation on the Convention, the Committee wishes to emphasize that, when determining wage rates, historical attitudes towards the role of women in society may result in the undervaluation of “female jobs” in comparison with those traditionally performed by men. It is, therefore, crucial to ensure that objective job evaluation methods free from gender bias, are adopted in order to establish whether different jobs are of equal value. The Committee thus asks the Government to: (i) clarify the extent of the provision of Law No. 40 of 1981 concerning job classification systems; (ii) indicate any judicial or administrative decisions applying Law No. 40 of 1981 in line with the principle of the Convention; and (iii) provide information on the job classification methods used in accordance with the Law and on the manner in which it is ensured that the criteria followed are not intrinsically discriminatory and do not undervalue jobs traditionally performed by women.

Part III of the report form. The Committee notes from the Government’s report that in 2004 the “Commission for the study of problems concerning the integration of laws for the legal equality of women” was replaced by the Commission for Equal Opportunities. The Committee also notes that this Commission is mandated, among other things, to assess the implementation of laws and regulations concerning equality of opportunity and treatment. The Committee asks the Government to provide information on the activities carried out by the Commission for Equal Opportunities with respect to the application of the principle of equal remuneration for work of equal value, including information on the assessment of the implementation of relevant laws and regulations.

Part V. General appreciation of the application of the Convention. The Committee notes the statistical information provided by the Government. The Committee encourages the Government to gather and supply with its next report statistical information disaggregated by sex on remuneration levels of men and women in the various sectors and occupational categories. The Committee also asks the Government to provide information on any relevant violations detected by the labour inspection services and any other information that could help the Committee gain a general appreciation of the degree of application of the Convention in the country.

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

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

Article 1 of the Convention. Equal remuneration for work of equal value. The Committee notes the Government’s indication that, although the principle of equal remuneration between men and women for work of equal value is not expressly provided for in Law No. 40 of 1981 on gender equality in the labour market, it can, nonetheless, be considered implicitly covered by this legislation in that the Law requires the adoption of common criteria for women and men under the job classification systems used to determine remuneration rates. The Committee, however, considers that it is not clear whether these common criteria would also be applied when comparing jobs of a different nature. Referring to its 2006 general observation on the Convention, the Committee wishes to emphasize that, when determining wage rates, historical attitudes towards the role of women in society may result in the undervaluation of “female jobs” in comparison with those traditionally performed by men. It is, therefore, crucial to ensure that objective job evaluation methods free from gender bias, are adopted in order to establish whether different jobs are of equal value. The Committee thus asks the Government to: (i) clarify the extent of the provision of Law No. 40 of 1981 concerning job classification systems; (ii) indicate any judicial or administrative decisions applying Law No. 40 of 1981 in line with the principle of the Convention; and (iii) provide information on the job classification methods used in accordance with the Law and on the manner in which it is ensured that the criteria followed are not intrinsically discriminatory and do not undervalue jobs traditionally performed by women.

Part III of the report form. The Committee notes from the Government’s report that in 2004 the “Commission for the study of problems concerning the integration of laws for the legal equality of women” was replaced by the Commission for Equal Opportunities. The Committee also notes that this Commission is mandated, among other things, to assess the implementation of laws and regulations concerning equality of opportunity and treatment. The Committee asks the Government to provide information on the activities carried out by the Commission for Equal Opportunities with respect to the application of the principle of equal remuneration for work of equal value, including information on the assessment of the implementation of relevant laws and regulations.

Part V. General appreciation of the application of the Convention. The Committee notes the statistical information provided by the Government. The Committee encourages the Government to gather and supply with its next report statistical information disaggregated by sex on remuneration levels of men and women in the various sectors and occupational categories. The Committee also asks the Government to provide information on any relevant violations detected by the labour inspection services and any other information that could help the Committee gain a general appreciation of the degree of application of the Convention in the country.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 1 of the Convention. Equal remuneration for work of equal value. The Committee notes the Government’s indication that, although the principle of equal remuneration between men and women for work of equal value is not expressly provided for in Law No. 40 of 1981 on gender equality in the labour market, it can, nonetheless, be considered implicitly covered by this legislation in that the Law requires the adoption of common criteria for women and men under the job classification systems used to determine remuneration rates. The Committee, however, considers that it is not clear whether these common criteria would also be applied when comparing jobs of a different nature. Referring to its 2006 general observation on the Convention, the Committee wishes to emphasize that, when determining wage rates, historical attitudes towards the role of women in society may result in the undervaluation of “female jobs” in comparison with those traditionally performed by men. It is, therefore, crucial to ensure that objective job evaluation methods free from gender bias, are adopted in order to establish whether different jobs are of equal value. The Committee thus asks the Government to: (i) clarify the extent of the provision of Law No. 40 of 1981 concerning job classification systems; (ii) indicate any judicial or administrative decisions applying Law No. 40 of 1981 in line with the principle of the Convention; and (iii) provide information on the job classification methods used in accordance with the Law and on the manner in which it is ensured that the criteria followed are not intrinsically discriminatory and do not undervalue jobs traditionally performed by women.

Part III of the report form. The Committee notes from the Government’s report that in 2004 the “Commission for the study of problems concerning the integration of laws for the legal equality of women” was replaced by the Commission for Equal Opportunities. The Committee also notes that this Commission is mandated, among other things, to assess the implementation of laws and regulations concerning equality of opportunity and treatment. The Committee asks the Government to provide information on the activities carried out by the Commission for Equal Opportunities with respect to the application of the principle of equal remuneration for work of equal value, including information on the assessment of the implementation of relevant laws and regulations.

Part V. General appreciation of the application of the Convention. The Committee notes the statistical information provided by the Government. The Committee encourages the Government to gather and supply with its next report statistical information disaggregated by sex on remuneration levels of men and women in the various sectors and occupational categories. The Committee also asks the Government to provide information on any relevant violations detected by the labour inspection services and any other information that could help the Committee gain a general appreciation of the degree of application of the Convention in the country.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Article 1 of the Convention. Equal remuneration for work of equal value. The Committee notes the Government’s indication that, although the principle of equal remuneration between men and women for work of equal value is not expressly provided for in Law No. 40 of 1981 on gender equality in the labour market, it can, nonetheless, be considered implicitly covered by this legislation in that the Law requires the adoption of common criteria for women and men under the job classification systems used to determine remuneration rates. The Committee, however, considers that it is not clear whether these common criteria would also be applied when comparing jobs of a different nature. Referring to its 2006 general observation on the Convention, the Committee wishes to emphasize that, when determining wage rates, historical attitudes towards the role of women in society may result in the undervaluation of “female jobs” in comparison with those traditionally performed by men. It is, therefore, crucial to ensure that objective job evaluation methods free from gender bias, are adopted in order to establish whether different jobs are of equal value. The Committee thus asks the Government to: (i) clarify the extent of the provision of Law No. 40 of 1981 concerning job classification systems; (ii) indicate any judicial or administrative decisions applying Law No. 40 of 1981 in line with the principle of the Convention; and (iii) provide information on the job classification methods used in accordance with the Law and on the manner in which it is ensured that the criteria followed are not intrinsically discriminatory and do not undervalue jobs traditionally performed by women.

Part III of the report form. The Committee notes from the Government’s report that in 2004 the “Commission for the study of problems concerning the integration of laws for the legal equality of women” was replaced by the Commission for Equal Opportunities. The Committee also notes that this Commission is mandated, among other things, to assess the implementation of laws and regulations concerning equality of opportunity and treatment. The Committee asks the Government to provide information on the activities carried out by the Commission for Equal Opportunities with respect to the application of the principle of equal remuneration for work of equal value, including information on the assessment of the implementation of relevant laws and regulations.

Part V. General appreciation of the application of the Convention. The Committee notes the statistical information provided by the Government. The Committee encourages the Government to gather and supply with its next report statistical information disaggregated by sex on remuneration levels of men and women in the various sectors and occupational categories. The Committee also asks the Government to provide information on any relevant violations detected by the labour inspection services and any other information that could help the Committee gain a general appreciation of the degree of application of the Convention in the country.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. The Committee notes with interest the enactment of Act No. 95 of 19 September 2000, which amends section 4 of Act No. 59 of 8 July 1974 by introducing the principle of non-discrimination between the sexes. It also notes the information in the Government’s report that the principle of the Convention has always been respected by sections 1 and 2 of Act No. 40 of 1981. Noting that section 2 of the abovementioned Act still establishes equal rights and treatment applicable to remuneration but does not require equal remuneration for work of equal value, the Committee would appreciate continuing to receive information on how the principle of equal remuneration for work of equal value is applied in practice in accordance with Article 2(1) of the Convention.

2. The Committee would be grateful if the Government would continue to provide information relevant to the Convention in relation to the work of the “Commission for the study of problems concerning the integration of laws for the legal equality of women”.

3. Please provide in the next report statistical information disaggregated by sex on remuneration levels of men and women in various sectors and occupational categories.

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

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. The Committee notes with interest the enactment of Act No. 95 of 19 September 2000, which amends section 4 of Act No. 59 of 8 July 1974 by introducing the principle of non-discrimination between the sexes. It also notes the information in the Government’s report that the principle of the Convention has always been respected by sections 1 and 2 of Act No. 40 of 1981. Noting that section 2 of the abovementioned Act still establishes equal rights and treatment applicable to remuneration but does not require equal remuneration for work of equal value, the Committee would appreciate continuing to receive information on how the principle of equal remuneration for work of equal value is applied in practice in accordance with Article 2(1) of the Convention.

2. The Committee would be grateful if the Government would continue to provide information relevant to the Convention in relation to the work of the “Commission for the study of problems concerning the integration of laws for the legal equality of women”.

3. Please provide in the next report statistical information disaggregated by sex on remuneration levels of men and women in various sectors and occupational categories.

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

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. The Committee notes with interest the enactment of Act No. 95 of 19 September 2000, which amends section 4 of Act No. 59 of 8 July 1974 by introducing the principle of non-discrimination between the sexes. It also notes the information in the Government’s report that the principle of the Convention has always been respected by sections 1 and 2 of Act No. 40 of 1981. Noting that section 2 of the abovementioned Act still establishes equal rights and treatment applicable to remuneration but does not require equal remuneration for work of equal value, the Committee would appreciate continuing to receive information on how the principle of equal remuneration for work of equal value is applied in practice in accordance with Article 2(1) of the Convention.

2. The Committee would be grateful if the Government would continue to provide information relevant to the Convention in relation to the work of the "Commission for the study of problems concerning the integration of laws for the legal equality of women".

3. Please provide in the next report statistical information disaggregated by sex on remuneration levels of men and women in various sectors and occupational categories.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. The Committee notes with interest the enactment of Act No. 95 of 19 September 2000, which amends section 4 of Act No. 59 of 8 July 1974 by introducing the principle of non-discrimination between the sexes. It also notes the information in the Government’s report that the principle of the Convention has always been respected by sections 1 and 2 of Act No. 40 of 1981. Noting that section 2 of the abovementioned Act still establishes equal rights and treatment applicable to remuneration but does not require equal remuneration for work of equal value, the Committee would appreciate continuing to receive information on how the principle of equal remuneration for work of equal value is applied in practice in accordance with Article 2(1) of the Convention.

2. The Committee would be grateful if the Government would continue to provide information relevant to the Convention in relation to the work of the "Commission for the study of problems concerning the integration of laws for the legal equality of women".

3. Please provide in the next report statistical information disaggregated by sex on remuneration levels of men and women in various sectors and occupational categories.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the information contained in the Government’s report. It asks the Government to provide further information in its next report on the following points.

1. The Committee notes with interest the enactment of Act No. 95 of 19 September 2000, which amends section 4 of Act No. 59 of 8 July 1974 by introducing the principle of non-discrimination between the sexes. It also notes the information in the Government’s report that the principle of the Convention has always been respected by sections 1 and 2 of Act No. 40 of 1981. Noting that section 2 of the abovementioned Act still establishes equal rights and treatment applicable to remuneration but does not require equal remuneration for work of equal value, the Committee would appreciate continuing to receive information on how the principle of equal remuneration for work of equal value is applied in practice in accordance with Article 2(1) of the Convention.

2. The Committee would be grateful if the Government would continue to provide information relevant to the Convention in relation to the work of the "Commission for the study of problems concerning the integration of laws for the legal equality of women".

3. Please provide in the next report statistical information disaggregated by sex on remuneration levels of men and women in various sectors and occupational categories.

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

1. The Committee notes the Government’s report and attached documentation, including the study entitled "Women in the Republic of San Marino", which includes statistics on the situation of the workforce from 1995 to 1999 disaggregated by sex.

2. The Committee notes that the Government has not provided information on the developments concerning the popular initiative to introduce the principle of non-discrimination between the sexes into section 4 of Act No. 59 of 8 July 1974, on the "Declaration of rights". The Committee reiterates its request that the Government considers including the principle of equal remuneration between women and men for work of equal value in the Act and invites the Government to keep it informed on the status of this legislation and to provide a copy of the Act once amended.

3. The Committee reiterates its previous request that the Government continues to supply it with information relevant to the Convention in relation to the work of the "Commission for the Study of Problems concerning the Integration of Laws for the Legal Equality of Women".

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

The Committee notes the Government's report and attached documentation.

1. The Committee notes with interest the popular initiative to introduce the principle of non-discrimination between the sexes into section 4 of Act No. 59 of 8 July 1974, on the "Declaration of Rights". At the same time, the Committee requests the Government to consider giving legal expression to the principle of equal remuneration between men and women for work of equal value and would be grateful if the Government would keep it informed of the status of this proposed legislation. Please provide a copy once it is adopted.

2. The Committee further notes with interest the Government's creation of the "Commission for the Study of Problems concerning the Integration of Laws for the Legal Equality of Women". The Committee requests the Government to continue to provide information relevant to the Convention regarding the activities of the newly formed Commission.

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

The Committee notes with interest the information supplied by the Government in its report and attached documentation. The Committee would be grateful if the Government would continue to furnish information indicating the measures taken to promote the principle of the Convention. Noting from the 1989 report on the situation of women, conducted by the National Planning Office, that further research was to be undertaken into particular aspects of women's employment, the Committee requests the Government to communicate any studies pertinent to the application of the Convention.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee notes the detailed information provided by the Government in its report and appended documentation concerning the classification and remuneration of posts in the private sector. In order to appraise the extent to which the application of the principle of the Convention has led to a narrowing of the female/male wage differential, the Committee requests the Government to provide, in its next report, information concerning: (i) the salary scales applying in the public sector, with an indication of the percentage of men and women employed at different levels; (ii) 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 or sector of employment, seniority or skill level as well as information on the percentage of women employed in different occupations or sectors; and (iii) information regarding any surveys or studies undertaken or envisaged with a view to determining the reasons for wage disparities and details on any measures to remove the barriers to the full implementation of the Convention.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee takes note of the information supplied by the Government in its report and of the enclosures, in reply to its direct request.

The Committee notes in particular the information provided by the Government on the practical effect given to the Convention, and in particular on the definition of the classification of job categories and the remuneration rates used in collective agreements. It hopes that the Government will continue to provide information in its future reports on any new developments in this respect.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee notes the information supplied by the Government in its first report on the application of the Convention. It asks the Government to provide additional information on the following points:

1. The Committee notes that, in conformity with section 15 of Act No. 7 of 17 February 1961 on the protection of labour and of workers, women's wages shall be equal to men's wages for equal work. It also notes that, under the terms of section 2 of Act No. 40 of 25 May 1981 on the equality of men and women in employment, the occupational classification systems used to determine wages should apply the same criteria for women as for men. The Committee recalls that, according to Article 2 of the Convention, equal remuneration should apply to work of equal value. It would be grateful if the Government would indicate the action taken or contemplated to ensure the application of this principle, especially when, in practice, men and women perform work of a different nature but of equal value. In this respect, the Committee would request the Government to refer to the explanations provided in paragraphs 19 to 23 and 52 to 70 of its 1986 General Survey on Equal Remuneration.

2. The Committee notes that under the terms of section 10 of Act No. 7 of 17 February 1961, collective agreements must specify the minimum rate and the system of remuneration and that, under section 14, remuneration may be based on working time or on piece-work, according to the requirements of the job; the employment contract should establish the guaranteed hourly/weekly minimum wage rate for all categories covered by the contract; remuneration may be determined either partially, or globally, including profit-sharing or productivity bonuses, commissions or payment in kind. Bearing in mind that under Article 1(a) of the Convention, the term "remuneration" includes the ordinary, basic or minimum wage or salary and any additional emoluments whatsoever payable directy or indirectly, whether in cash or in kind, by the employer to the worker and arising out of the worker's employment, the Committee asks the Government to indicate whether, for the purposes of applying the principle of equal remuneration, the benefits and allowances provided under section 14 of Act No. 7 of 17 February 1961 are included in the wage or salary, and how the application of this principle is guaranteed where elements of compensation other than the basic wage or salary are granted,

3. The Committee requests the Government to submit with its next report any documents illustrating the manner in which practical application is given to the principle of equal remuneration set forth in section 15 of Act No. 7 of 17 February 1961. Please communicate, in particular, the text of the provisions fixing minimum wages and wages above minimum wages in the private sector and in the public sector, especially in the case of undertakings and services which employ a large number of women.

4. Article 3 of the Convention. The Committee refers to section 2 of Act No. 40 of 25 May 1981. It requests the Government to indicate the methods followed by the classification systems referred to in this provision to promote objective appraisal of jobs on the basis of the work to be performed, and to supply a copy of existing classifications.

5. Article 4 of the Convention. The Committee asks the Government to supply additional information on the practical results obtained through co-operation with employers' and workers' organisations regarding industrial disputes referred to the Permanent Conciliation Commission, and on the activities of the Placement Commission in respect of the application of the principle of equal remuneration.