Equal Remuneration Convention, 1951 (No. 100) - El Salvador (Ratification: 2000)

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

Previous comment

Articles 1 and 2 of the Convention. Gender pay gap. The Committee notes the information provided by the Government in relation to: (1) the provisions of the Act on equality and the eradication of discrimination against women, which call on the State to adopt public policies to facilitate the co-responsibility of women and men in the field of reproductive activities and family care; and (2) Decree No. 407/2019 adding subsections 11 and 12 to section 29 of the Labour Code and amending section 123 of the Labour Code. The Committee welcomes the Government’s efforts to provide statistical data, according to which: (1) women are mainly employed in commerce, hotels and restaurants (44.4 per cent), manufacturing (14.9 per cent) and domestic service (11.7 per cent), and are most represented in occupational groups such as workers in services and sales personnel in commerce and markets (45.9 per cent) and unskilled workers (19.8 per cent); and (2) the differences in monthly wage levels between men and women by occupational group persist, except in the case of women who work in the armed forces, middle-level technicians and professionals and scientists and intellectuals. The Committee requests the Government to continue providing information on any measures adopted to address the causes of the gender pay gap and on the manner in which the application in practice of the Act on equality and the eradication of discrimination against women and the Labour Code have contributed to reducing this gap. It also requests the Government to continue providing detailed statistical data on remuneration levels in the various economic sectors, disaggregated by sex and occupational category so that it can assess the progress achieved, particularly in sectors employing a majority of men.

Article 3. Objective job evaluation. The Committee notes the information provided by the Government on the Labour Market Information System and observes that it is not related to the objective evaluation of jobs. The Committee reminds that job evaluation is a formal procedure which, through analysing the content of jobs, gives a numerical value to the various types of job (where two jobs are found to have the same overall numerical value, the remuneration should be the same) The Committee reminds the Government that experience has shown that analytical methods of job evaluation have been found to be the most effective for the purpose of ensuring gender equality in the determination of remuneration. Such methods analyse and classify jobs on the basis of objective factors, such as the skills and qualifications required, effort, responsibilities and working conditions. Emphasizing that the existence of a procedure for the objective evaluation of jobs in accordance with Article 3 of the Convention is crucial for the achievement of equal remuneration for men and women for work of equal value, the Committee requests the Government to provide information on any measures adopted for the establishment of such a procedure and invites the Government to have recourse to the technical assistance of the Office when preparing the corresponding legislative amendments.

Enforcement. The Government indicates that, within the framework of its Strategic Institutional Plan 2020–24, various training activities have been carried out for labour inspectors and regional offices on the principle set out in the Convention, as well as on other international labour standards and international treaties relevant to gender equality. The Committee encourages the Government to continue providing capacity-building for labour inspectors and other competent authorities on the principle set out in the Convention and requests it to provide detailed information on its content (for example, whether it addresses the components of “remuneration”, methods of identifying discrimination in respect of remuneration, and the underlying causes of the gender pay gap).

Article 1(1)(b). Real or assumed HIV serological status. The Committee notes the Government’s indication that: (1) sections 18 and 32 of the Civil Service Act of 1961 explicitly prohibit the requirement of an HIV test for persons who apply to the civil service and for public and municipal employees; and (2) Decree No. 244/2019 on persons with chronic and disabling diseases provides protection for men and women workers who have this condition. The Committee once again requests the Government to provide information on the effect given in practice to sections 18 and 32 of the Civil Service Act and Decree No. 244/2019 on persons with chronic and disabling diseases.

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

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

Articles 1 and 2 of the Convention. Gender pay gap. In its previous comments, the Committee asked the Government: (i) to take the necessary steps to ensure that the measures taken in the context of the (already adopted) “National plan for equality and equity for women in El Salvador 2012–17” and the (due to be adopted) “Institutional gender policy” take sufficient account of the principle of the Convention; (ii) to send detailed information on any developments regarding the effectiveness of its policies in reducing the gender pay gap and increasing the participation of women in the labour market, including in higher-level and better paid jobs; and (iii) to send statistical information disaggregated by sex to enable an evaluation of the gender pay gap and the participation of men and women in the labour market over the years. The Committee notes the Government’s reference in its report to the adoption in 2014 of the “National policy for women”, managed by the Salvadoran Institute for Women’s Development, and the adoption in 2016 of the “National gender policy” and its action plan, managed by the Gender Equality Unit; in this context, the “Gender equality management programme” has been implemented in enterprises and for women. In addition, the Government refers to the creation in 2015 of the “Workplace gender equality alliance” by the Ministry of Labour and Social Welfare (Ministry of Labour), the Ministry of Economic Affairs and the Salvadoran Institute for Women’s Development, with the support of the United Nations Development Programme (NDP). In 2015, this alliance created the “gender equality seal”, which recognizes enterprises that promote gender equality. The Government also indicates that the Ministry of Labour has implemented the campaign for decent work for gender equality and the campaign to raise awareness of equal pay for equal work, aimed at employers and working women. The Government also indicates that the National Minimum Wage Board approved increases in the minimum wage in 2017. In the maquila(export processing) sector, there was a 42 per cent increase; in trade and services, a 21 per cent increase; and in the sugar cane and coffee sectors, an increase of about 48 per cent. Despite the positive results of these increases in social terms, the Government indicates that the gender-equal increases have not helped to resolve the situation since they do not take account of the previous pay gap. The Government states that, according to the statistics, the gap is widening in higher-ranking posts, and there are still occupations in which the presence of women is very limited, especially in traditionally “male” occupations. The Government recognizes that, despite its efforts, the gender pay gap has tended to widen in recent years. In 2014 average income for women was 91 per cent of average income for men (a gap of 9 per cent); in 2016, the earnings gap increased by 12 per cent. In terms of wages, in 2014 women’s wages were 84 per cent of men’s (a pay gap of 16 per cent). In 2016, the gap widened by 1 per cent (to 17 per cent); and in 2017 the gap stood at 16.2 per cent. In this regard, the Government indicates that it has adopted specific measures to overcome the existing gap. Between June 2014 and May 2018, the National Employment System has contributed to the employment of 170 persons, of whom 48 per cent are women. Moreover, it is organizing annual employment fairs only for women and special booths to provide occupational advice.

While recognizing the Government’ efforts to promote gender equality in employment and, in particular, gender pay equality, the Committee observes that the impact of the measures taken remains unclear in the majority of cases. Similarly, the Committee notes that the United Nations Committee on the Elimination of Discrimination against Women (CEDAW), in its concluding observations of 3 March 2017, expressed concern at persistent occupational segregation, the low participation of women in the labour force, the concentration of women in the informal economy, and the considerable gender pay gap (CEDAW/C/SLV/CO/8-9, paragraph 32(a)). In this regard, the Committee wishes to recall that monitoring the implementation of plans and policies in terms of results and effectiveness is essential, although the proliferation of plans and strategies, whether to promote gender equality or to combat discrimination, has not been accompanied by regular evaluation and ongoing review of the impact of the measures taken. The Committee also emphasizes the important role of consultations with the social partners and stakeholders in the development, follow-up, implementation and evaluation of adopted measures and plans, in order to ensure their relevance, raise awareness of their existence, promote wide support and acceptance of them, and improve their effectiveness (see the 2012 General Survey on the fundamental Conventions, paragraph 858). The Committee would like to take this opportunity to draw the Government’s attention to the fact that the principle established in the Convention refers to equal remuneration for men and women workers for work of equal value, not for identical work, as can be seen in the awareness-raising campaign carried out by the Ministry of Labour. The Committee refers the Government to its comments in the “Legislation” section of its observation.The Committee requests the Government: (i) to take the necessary measures to determine the nature, extent and causes of wage discrimination between men and women with a view to formulating and implementing a relevant and effective gender equality policy, namely one that has a measurable impact on the gender pay gap, in accordance with Articles 2 and 3 of the Convention; and (ii) to continue providing detailed statistical information on levels of pay in the various economic sectors, disaggregated by sex and occupational category, so as to enable an evaluation of progress made, particularly in sectors where men predominate.

Article 3. Objective job evaluation. In its previous comments, the Committee asked the Government to provide information on the manner in which objective job evaluation is carried out in both the public and private sectors, in view of the absence of a mechanism enabling objective job evaluation. In this regard, the Committee notes that the Government reports that the “Five-year development plan 2014–19” has been adopted, providing for measures to promote and safeguard justice at work and quality in employment, and that in 2018 the Ministry of Labour completed the design of the Labour Market Observatory aimed at contributing to the evaluation of jobs in the public and private sectors. The main objective is to identify relevant factors in competencies and skills required by employers, occupational training opportunities, levels of schooling among the population and productive sectors with greater opportunities. The Government emphasizes that these measures seek to facilitate equal opportunities by promoting freedom of information on employment possibilities. The Committee notes these initiatives and recalls that the concept of “equal value” requires some method of measuring and comparing the relative value of different jobs. There needs to be an examination of the respective tasks involved, undertaken on the basis of entirely objective and non-discriminatory criteria to avoid the assessment being tainted by gender bias. While the Convention does not prescribe any specific method for such an examination, Article 3 presupposes the use of appropriate techniques for objective job evaluation, comparing factors such as skill, effort, responsibilities and working conditions. Article 3also makes it clear that differential rates between workers are compatible with the principle of the Convention if they correspond, without regard to sex, to differences determined by such evaluation (see the 2012 General Survey on the fundamental Conventions, paragraph 695).The Committee requests the Government to indicate the manner in which the Labour Market Observatory has contributed to the adoption of a mechanism for objective job evaluation in both the public and private sectors with a view to ensuring gender equality in the setting of pay levels.

Enforcement. In its previous comments, the Committee asked the Government to take the necessary steps to ensure that labour inspectors receive training in relation to the principle and content of the Convention. In this regard, the Government indicates that in the context of the ILO project funded by the European Commission (DG Trade) to give support to countries which are beneficiaries of the GSP+ programme (GSP: generalized system of preferences), training was held for officials, including 59 labour inspectors and ten managers and technical staff from the National Inspection Directorate. Furthermore, between 2015 and 2018, a total of 21 inspectors attended training courses on gender matters organized by the Salvadoran Institute for Women. The Government adds that, between May 2014 and June 2018, labour inspectors carried out 316 inspections, in which 44 per cent of beneficiaries were women. Inspections included ongoing plans for monitoring equality policies and women’s rights. The Government indicates that labour mediation has benefited more women than men in terms of monetary value gained. The Committee notes the Government’s indications on the work of the labour inspectorate and the training received by inspectors, but observes that it is unable to determine whether labour inspectors have received specific training relating to the content of the Convention.The Committee therefore once again requests the Government to take the necessary steps to ensure that labour inspectors receive training in relation to the principle and content of the Convention.

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

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

Article 1(a) of the Convention. Definition of remuneration. Legislation. In its previous comments, the Committee asked the Government to take the necessary steps to ensure that occasional bonuses, gratuities and reimbursements in kind referred to in section 119 of the Labour Code and which are not included in the definition of wages according to that legislative provision, are included in the concept of remuneration. In this regard, the Committee notes the Government’s indication in its report that the National Labour Directorate is drawing up plans to carry out scheduled inspections to check the existence of labour discrimination relating, inter alia, to differences in wages between men and women in the same job or post. The Committee also notes that the Government reiterates that the emoluments provided for in section 119(2) of the Labour Code are often granted by employers outside the employment contract and/or collective agreement so it is difficult for the labour inspectorate to carry out checks and impose penalties in relation to this provision. In this regard, the Committee wishes to recall that Article 1(a) of the Convention sets out a very broad definition of the term “remuneration”, which includes not only “the ordinary, basic or minimum wage or salary” but also “any additional emoluments whatsoever payable directly or indirectly, whether in cash or in kind, by the employer to the worker and arising out of the workers’ employment”. This broad definition of remuneration in the Convention seeks to encompass all forms of recompense that a worker may receive for his or her work, including payments in cash as well as in kind, and also payments made directly or indirectly by the employer to the worker for the work done. Such a broad definition is necessary since if only the basic wage were being compared, much of what can be given a monetary value arising out of the job would not be captured, and such additional components are often considerable, making up increasingly more of the overall earnings package. The words “directly or indirectly” were added to the definition of remuneration in the Convention with a view to ensuring that certain emoluments which were not payable directly by the employer to the worker concerned would be covered. The definition also captures payments or benefits, whether received regularly or only occasionally (see the 2012 General Survey on the fundamental Conventions, paragraphs 686–687).The Committee requests the Government to take steps to raise the awareness of the social partners regarding the principle of the Convention and its implications so as to ensure that occasional bonuses, gratuities and reimbursements in kind referred to in section 119(2) of the Labour Code are included in the concept of remuneration, in accordance with the principle established by the Convention.

Article 1(b). Work of equal value. Legislation. The Committee has been referring for nearly two decades to the need to amend article 38(1) of the Constitution, section 123 of the Labour Code and section 19 of the Standard Work Regulations for the Private Sector so that the principle of equal remuneration for men and women for work of equal value is incorporated. In this regard, the Committee notes with regret that the Government simply reiterates that the content of article 38 of the Constitution promotes the principle of equal pay for equal work, and refers to the existence of the “Act on equality and the eradication of discrimination against women” and its National Equality Plan. The Committee recalls that the Convention’s principle of “equal remuneration for men and women workers for work of equal value” includes, but goes beyond, equal remuneration for “equal”, “the same” or “similar” work and also encompasses work of an entirely different nature which is nevertheless of equal value.The Committee once again urges the Government to take the necessary steps without delay to give full expression in law to the principle of equal remuneration for men and women for work of equal value, and to provide information on progress made in this regard.

Article 2. Public sector. The Committee has been referring for more than a decade to section 65 of the Civil Service Act of 1961, which provides that “jobs shall be classified into similar groups in terms of duties, functions and responsibilities … so that they can be assigned the same level of remuneration under similar conditions of work”, and which is more restrictive than the principle of equal remuneration for men and women for work of equal value. In its latest comments, the Committee asked the Government to take the necessary steps to incorporate the principle of equal pay for men and women for work of equal value in the Civil Service Act of 1961. The Committee also asked the Government to provide information on the methods used to determine job classifications and pay scales applicable to the public sector. The Government indicates that wages are assigned under the General Budget Act and Wage Act, and that this is done without distinction between men and women. It also states that it issued Directive No. 4025 establishing standards for the classification of posts, and which classifies posts by category and establishes criteria for analysis of the appointed staff. The Government indicates that there are no regulations for establishing salary structures but that each institution has criteria and internal policies for assigning salaries for officials and employees. At the government level, the criteria are: suitability for the post, hierarchical level, and reclassification of posts to be filled according to the duties involved, with the proviso that the salary concerned must not distort the pay scale. The Committee recalls that “historical experience has shown that insistence on factors such as ‘equal conditions of work, skill and output’ can be used as a pretext for paying women lower wages than men. While factors such as skill, responsibility, effort and working conditions are clearly relevant in determining the value of the jobs, when examining two jobs, the value does not have to be the same with respect to each factor – determining value is about the overall value of the job when all the factors are taken into account” (see the 2012 General Survey on the fundamental Conventions, paragraph 677).The Committee once again requests the Government to take the necessary steps to ensure that: (i) the principle of equal remuneration for men and women for work of equal value is incorporated in the Civil Service Act of 1961, and in the General Budget Act and the Wage Act; and (ii) Directive No. 4025 establishing standards for the classification of posts, each institution’s criteria and internal policies, and also government directives, respect the principle set forth in the Convention.

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

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Articles 1 and 2 of the Convention. Gender pay gap. In its previous comments, the Committee asked the Government: (i) to take the necessary steps to ensure that the measures taken in the context of the (already adopted) “National plan for equality and equity for women in El Salvador 2012–17” and the (due to be adopted) “Institutional gender policy” take sufficient account of the principle of the Convention; (ii) to send detailed information on any developments regarding the effectiveness of its policies in reducing the gender pay gap and increasing the participation of women in the labour market, including in higher-level and better paid jobs; and (iii) to send statistical information disaggregated by sex to enable an evaluation of the gender pay gap and the participation of men and women in the labour market over the years. The Committee notes the Government’s reference in its report to the adoption in 2014 of the “National policy for women”, managed by the Salvadoran Institute for Women’s Development, and the adoption in 2016 of the “National gender policy” and its action plan, managed by the Gender Equality Unit; in this context, the “Gender equality management programme” has been implemented in enterprises and for women. In addition, the Government refers to the creation in 2015 of the “Workplace gender equality alliance” by the Ministry of Labour and Social Welfare (Ministry of Labour), the Ministry of Economic Affairs and the Salvadoran Institute for Women’s Development, with the support of the United Nations Development Programme (NDP). In 2015, this alliance created the “gender equality seal”, which recognizes enterprises that promote gender equality. The Government also indicates that the Ministry of Labour has implemented the campaign for decent work for gender equality and the campaign to raise awareness of equal pay for equal work, aimed at employers and working women. The Government also indicates that the National Minimum Wage Board approved increases in the minimum wage in 2017. In the maquila (export processing) sector, there was a 42 per cent increase; in trade and services, a 21 per cent increase; and in the sugar cane and coffee sectors, an increase of about 48 per cent. Despite the positive results of these increases in social terms, the Government indicates that the gender-equal increases have not helped to resolve the situation since they do not take account of the previous pay gap. The Government states that, according to the statistics, the gap is widening in higher-ranking posts, and there are still occupations in which the presence of women is very limited, especially in traditionally “male” occupations. The Government recognizes that, despite its efforts, the gender pay gap has tended to widen in recent years. In 2014 average income for women was 91 per cent of average income for men (a gap of 9 per cent); in 2016, the earnings gap increased by 12 per cent. In terms of wages, in 2014 women’s wages were 84 per cent of men’s (a pay gap of 16 per cent). In 2016, the gap widened by 1 per cent (to 17 per cent); and in 2017 the gap stood at 16.2 per cent. In this regard, the Government indicates that it has adopted specific measures to overcome the existing gap. Between June 2014 and May 2018, the National Employment System has contributed to the employment of 170 persons, of whom 48 per cent are women. Moreover, it is organizing annual employment fairs only for women and special booths to provide occupational advice.

While recognizing the Government’ efforts to promote gender equality in employment and, in particular, gender pay equality, the Committee observes that the impact of the measures taken remains unclear in the majority of cases. Similarly, the Committee notes that the United Nations Committee on the Elimination of Discrimination against Women (CEDAW), in its concluding observations of 3 March 2017, expressed concern at persistent occupational segregation, the low participation of women in the labour force, the concentration of women in the informal economy, and the considerable gender pay gap (CEDAW/C/SLV/CO/8-9, paragraph 32(a)). In this regard, the Committee wishes to recall that monitoring the implementation of plans and policies in terms of results and effectiveness is essential, although the proliferation of plans and strategies, whether to promote gender equality or to combat discrimination, has not been accompanied by regular evaluation and ongoing review of the impact of the measures taken. The Committee also emphasizes the important role of consultations with the social partners and stakeholders in the development, follow-up, implementation and evaluation of adopted measures and plans, in order to ensure their relevance, raise awareness of their existence, promote wide support and acceptance of them, and improve their effectiveness (see the 2012 General Survey on the fundamental Conventions, paragraph 858). The Committee would like to take this opportunity to draw the Government’s attention to the fact that the principle established in the Convention refers to equal remuneration for men and women workers for work of equal value, not for identical work, as can be seen in the awareness-raising campaign carried out by the Ministry of Labour. The Committee refers the Government to its comments in the “Legislation” section of its observation. The Committee requests the Government: (i) to take the necessary measures to determine the nature, extent and causes of wage discrimination between men and women with a view to formulating and implementing a relevant and effective gender equality policy, namely one that has a measurable impact on the gender pay gap, in accordance with Articles 2 and 3 of the Convention; and (ii) to continue providing detailed statistical information on levels of pay in the various economic sectors, disaggregated by sex and occupational category, so as to enable an evaluation of progress made, particularly in sectors where men predominate.

Article 3. Objective job evaluation. In its previous comments, the Committee asked the Government to provide information on the manner in which objective job evaluation is carried out in both the public and private sectors, in view of the absence of a mechanism enabling objective job evaluation. In this regard, the Committee notes that the Government reports that the “Five-year development plan 2014–19” has been adopted, providing for measures to promote and safeguard justice at work and quality in employment, and that in 2018 the Ministry of Labour completed the design of the Labour Market Observatory aimed at contributing to the evaluation of jobs in the public and private sectors. The main objective is to identify relevant factors in competencies and skills required by employers, occupational training opportunities, levels of schooling among the population and productive sectors with greater opportunities. The Government emphasizes that these measures seek to facilitate equal opportunities by promoting freedom of information on employment possibilities. The Committee notes these initiatives and recalls that the concept of “equal value” requires some method of measuring and comparing the relative value of different jobs. There needs to be an examination of the respective tasks involved, undertaken on the basis of entirely objective and non-discriminatory criteria to avoid the assessment being tainted by gender bias. While the Convention does not prescribe any specific method for such an examination, Article 3 presupposes the use of appropriate techniques for objective job evaluation, comparing factors such as skill, effort, responsibilities and working conditions. Article 3 also makes it clear that differential rates between workers are compatible with the principle of the Convention if they correspond, without regard to sex, to differences determined by such evaluation (see the 2012 General Survey on the fundamental Conventions, paragraph 695). The Committee requests the Government to indicate the manner in which the Labour Market Observatory has contributed to the adoption of a mechanism for objective job evaluation in both the public and private sectors with a view to ensuring gender equality in the setting of pay levels.

Enforcement. In its previous comments, the Committee asked the Government to take the necessary steps to ensure that labour inspectors receive training in relation to the principle and content of the Convention. In this regard, the Government indicates that in the context of the ILO project funded by the European Commission (DG Trade) to give support to countries which are beneficiaries of the GSP+ programme (GSP: generalized system of preferences), training was held for officials, including 59 labour inspectors and ten managers and technical staff from the National Inspection Directorate. Furthermore, between 2015 and 2018, a total of 21 inspectors attended training courses on gender matters organized by the Salvadoran Institute for Women. The Government adds that, between May 2014 and June 2018, labour inspectors carried out 316 inspections, in which 44 per cent of beneficiaries were women. Inspections included ongoing plans for monitoring equality policies and women’s rights. The Government indicates that labour mediation has benefited more women than men in terms of monetary value gained. The Committee notes the Government’s indications on the work of the labour inspectorate and the training received by inspectors, but observes that it is unable to determine whether labour inspectors have received specific training relating to the content of the Convention. The Committee therefore once again requests the Government to take the necessary steps to ensure that labour inspectors receive training in relation to the principle and content of the Convention.

Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

Article 1(a) of the Convention. Definition of remuneration. Legislation. In its previous comments, the Committee asked the Government to take the necessary steps to ensure that occasional bonuses, gratuities and reimbursements in kind referred to in section 119 of the Labour Code and which are not included in the definition of wages according to that legislative provision, are included in the concept of remuneration. In this regard, the Committee notes the Government’s indication in its report that the National Labour Directorate is drawing up plans to carry out scheduled inspections to check the existence of labour discrimination relating, inter alia, to differences in wages between men and women in the same job or post. The Committee also notes that the Government reiterates that the emoluments provided for in section 119(2) of the Labour Code are often granted by employers outside the employment contract and/or collective agreement so it is difficult for the labour inspectorate to carry out checks and impose penalties in relation to this provision. In this regard, the Committee wishes to recall that Article 1(a) of the Convention sets out a very broad definition of the term “remuneration”, which includes not only “the ordinary, basic or minimum wage or salary” but also “any additional emoluments whatsoever payable directly or indirectly, whether in cash or in kind, by the employer to the worker and arising out of the worker's employment”. This broad definition of remuneration in the Convention seeks to encompass all forms of recompense that a worker may receive for his or her work, including payments in cash as well as in kind, and also payments made directly or indirectly by the employer to the worker for the work done. Such a broad definition is necessary since if only the basic wage were being compared, much of what can be given a monetary value arising out of the job would not be captured, and such additional components are often considerable, making up increasingly more of the overall earnings package. The words “directly or indirectly” were added to the definition of remuneration in the Convention with a view to ensuring that certain emoluments which were not payable directly by the employer to the worker concerned would be covered. The definition also captures payments or benefits, whether received regularly or only occasionally (see the 2012 General Survey on the fundamental Conventions, paragraphs 686–687). The Committee requests the Government to take steps to raise the awareness of the social partners regarding the principle of the Convention and its implications so as to ensure that occasional bonuses, gratuities and reimbursements in kind referred to in section 119(2) of the Labour Code are included in the concept of remuneration, in accordance with the principle established by the Convention.

Article 1(b). Work of equal value. Legislation. The Committee has been referring for nearly two decades to the need to amend article 38(1) of the Constitution, section 123 of the Labour Code and section 19 of the Standard Work Regulations for the Private Sector so that the principle of equal remuneration for men and women for work of equal value is incorporated. In this regard, the Committee notes with regret that the Government simply reiterates that the content of article 38 of the Constitution promotes the principle of equal pay for equal work, and refers to the existence of the “Act on equality and the eradication of discrimination against women” and its National Equality Plan. The Committee recalls that the Convention’s principle of “equal remuneration for men and women workers for work of equal value” includes, but goes beyond, equal remuneration for “equal”, “the same” or “similar” work and also encompasses work of an entirely different nature which is nevertheless of equal value. The Committee once again urges the Government to take the necessary steps without delay to give full expression in law to the principle of equal remuneration for men and women for work of equal value, and to provide information on progress made in this regard.

Article 2. Public sector. The Committee has been referring for more than a decade to section 65 of the Civil Service Act of 1961, which provides that “jobs shall be classified into similar groups in terms of duties, functions and responsibilities … so that they can be assigned the same level of remuneration under similar conditions of work”, and which is more restrictive than the principle of equal remuneration for men and women for work of equal value. In its latest comments, the Committee asked the Government to take the necessary steps to incorporate the principle of equal pay for men and women for work of equal value in the Civil Service Act of 1961. The Committee also asked the Government to provide information on the methods used to determine job classifications and pay scales applicable to the public sector. The Government indicates that wages are assigned under the General Budget Act and Wage Act, and that this is done without distinction between men and women. It also states that it issued Directive No. 4025 establishing standards for the classification of posts, and which classifies posts by category and establishes criteria for analysis of the appointed staff. The Government indicates that there are no regulations for establishing salary structures but that each institution has criteria and internal policies for assigning salaries for officials and employees. At the government level, the criteria are: suitability for the post, hierarchical level, and reclassification of posts to be filled according to the duties involved, with the proviso that the salary concerned must not distort the pay scale. The Committee recalls that “historical experience has shown that insistence on factors such as ‘equal conditions of work, skill and output’ can be used as a pretext for paying women lower wages than men. While factors such as skill, responsibility, effort and working conditions are clearly relevant in determining the value of the jobs, when examining two jobs, the value does not have to be the same with respect to each factor – determining value is about the overall value of the job when all the factors are taken into account” (see the 2012 General Survey on the fundamental Conventions, paragraph 677). The Committee once again requests the Government to take the necessary steps to ensure that: (i) the principle of equal remuneration for men and women for work of equal value is incorporated in the Civil Service Act of 1961, and in the General Budget Act and the Wage Act; and (ii) Directive No. 4025 establishing standards for the classification of posts, each institution’s criteria and internal policies, and also government directives, respect the principle set forth in the Convention.

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

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

Articles 1 and 2 of the Convention. Gender pay gap and application of the Convention. In its previous comments regarding the application of the Convention, the Committee asked the Government to supply information on the implementation of the Plan of Action 2011–14 and the National Policy for Women 2011–14, and on the results of the use of gender indicators in state institutions. The Committee notes that the Government makes no reference in its report to the Plan of Action but indicates that, in order to ensure the application of the principle of “equal pay for equal work”, it is planned to formulate an “institutional gender policy” and to review the minimum wage, in which account will be taken of the Convention and the existing pay gap. The Government refers to the differences that exist in men’s and women’s pay and emphasizes that these have been decreasing (the wage gap – in relation to the average nominal monthly wage – was 16.26 per cent in 2011 and 14.31 per cent in 2013). However, the Government adds that the pay gap is rising as the level of education increases, and differences can also be seen in labour market participation rates, with marked occupational sex segregation. In 2012, the participation rate was 81.4 per cent for men and 33.5 per cent for women. The Government indicates that women are concentrated in lower paid jobs and are also more involved in informal work. In 2012, the informality rate was 57.73 per cent for women and 44.32 per cent for men. The Committee also notes the adoption of the “National Plan for equality and equity for women in El Salvador 2012–17”. The Committee recalls that the continued persistence of significant gender pay gaps requires that governments, along with employers’ and workers’ organizations, take more proactive measures to raise awareness, make assessments, and promote and enforce the application of the principle of equal remuneration for men and women for work of equal value (see General Survey of 2012 on the fundamental Conventions, paragraph 669). The Committee requests the Government to ensure that the measures taken in the context of the “National Plan for equality and equity for women in El Salvador 2012–17” (which has already been adopted) and the “Institutional Gender Policy” (which is due to be adopted) take sufficient account of the principle of the Convention. The Committee requests the Government to send detailed information on any developments in this respect, particularly regarding the effectiveness of such policies in reducing the gender pay gap and increasing the participation of women in the labour market, including in higher-level and better paid jobs. The Committee requests the Government in particular to provide statistical information disaggregated by sex to enable an evaluation of the gender pay gap and the participation of men and women in the labour market over the years.

Article 3. Objective job evaluation. In its previous comments, the Committee asked the Government to provide information on the manner in which objective job evaluation is carried out in both the public and private sectors. The Committee notes the Government’s indication that the Labour Inspectorate and the Special Unit for Prevention of Discrimination in Employment (UEPALD) effectively supervise the application of the principle of the Convention, but that no reference is made to the adoption of a method for objective job evaluation. The Committee recalls that the concept of “equal value” requires some method of measuring and comparing the relative value of different jobs. There needs to be an examination of the respective tasks involved, undertaken on the basis of entirely objective and non-discriminatory criteria to determine their value, comparing factors such as skill, effort, responsibilities and working conditions (see 2012 General Survey, paragraph 695). The Committee requests the Government to take the necessary steps to establish a mechanism enabling objective job evaluation in both the public and private sectors, with the aim of ensuring full observance of the principle of equal remuneration for men and women for work of equal value. The Committee requests the Government to supply information on any developments in this respect.

Enforcement. In its previous comments, the Committee asked the Government to take the necessary steps to ensure that labour inspectors receive training in relation to the principle of equal remuneration for men and women for work of equal value. The Committee notes the information provided by the Government on the various types of training for inspectors. However, the Committee observes that the content of the training does not appear to refer to the principle of the Convention. The Committee emphasizes the significant role of labour inspection in the application of the principle of the Convention and underlines the importance of appropriate training for inspectors on this matter. In the framework of the proactive measures adopted by the Government, with a view to the effective application of the principle of equal remuneration for men and women for work of equal value, the Committee requests the Government to take the necessary steps to provide labour inspectors with training in relation to this principle and the content of the Convention. The Committee requests the Government to provide information on any progress made in this respect.

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

Article 1(a) of the Convention. Definition of remuneration. Legislation. In its previous comments, the Committee asked the Government to indicate the manner in which it is ensured that the benefits which are envisaged in section 119(2) of the Labour Code and which, under the terms of that provision, do not constitute wages, are paid to both men and women without discrimination based on sex. The Committee notes the Government’s indication in its report that the labour inspectorate conducts inspections which check overtime payments and remuneration for work on a rest day, for both men and women. However, the Committee observes that the Government indicates that the emoluments provided for in section 119(2) of the Labour Code, namely occasional bonuses and gratuities, and cash payments for workers as reimbursement for expenses incurred in the course of performing their duties (such as for representation, expenses, transport costs, work items or similar), are often provided by employers outside of employment contracts and/or collective agreements. These practices make it difficult for the labour inspectorate to verify the application of section 119(2) of the Labour Code and apply the corresponding sanctions. Recalling that, according to the Convention, the term “remuneration” includes the ordinary, basic or minimum wage or salary and any additional emoluments whatsoever payable directly or indirectly, whether in cash or in kind, by the employer to the worker, the Committee requests the Government to take the necessary steps to ensure that occasional bonuses, gratuities and cash reimbursement payments are included in the concept of remuneration. The Committee requests the Government to provide information on any progress made in this respect.

Article 1(b). Work of equal value. Legislation. The Committee has been referring for a number of years to the need to amend article 38(1) of the Constitution, section 123 of the Labour Code and section 19 of the Standard Work Regulations for the Private Sector, which establish the principle of equal remuneration for men and women only in cases where the work performed is equal and performed in the same enterprise and under identical circumstances. The Committee also noted the Act of 2011 concerning equality, equity and eradication of discrimination against women, section 25 of which provides for the elimination of all wage discrimination between men and women who perform the same job or post. The Committee observed that those provisions were more restrictive than the principle of equal remuneration for men and women for work of equal value provided for in the Convention. The Committee notes the Government’s indication that a campaign on “equal pay for equal work” has been launched in 2016. The Committee recalls that the concept of “work of equal value” includes equal work or work carried out under identical circumstances but goes beyond equal work and also encompasses work of an entirely different nature which is nevertheless of equal value, including work performed by men and women in different establishments or enterprises. The concept of “work of equal value” is fundamental to tackling occupational sex segregation, particularly when historical attitudes towards the role of women in society, along with stereotypical assumptions regarding women’s aspirations, preferences and capabilities and their suitability for certain jobs, tend to result in the undervaluation of “female jobs” (see 2012 General Survey on the fundamental Conventions, paragraphs 673 and 697). As regards the persistence of occupational sex segregation, the Committee refers to its comments on the application of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111). The Committee requests the Government once again to take the necessary steps to amend the legislation so that it incorporates the principle of equal remuneration for men and women for work of equal value. The Committee requests the Government to provide information on any progress made on this matter and reminds it that technical assistance from the Office is available.

Article 2. Public sector. For many years, the Committee has been referring to section 65 of the Civil Service Act of 1961, which provides that jobs shall be classified into similar groups in terms of duties, functions and responsibilities so that they can be assigned the same level of remuneration under similar conditions of work, which is more restrictive than the principle of equal remuneration for men and women for work of equal value. The Committee notes the Government’s indication that while the principle of the Convention is not provided for under the Civil Service Act, section 25(g) of the Act of 2011 concerning equality, equity and eradication of discrimination against women is also applicable to the public sector. The Committee asks the Government to take the necessary steps to incorporate the principle of equal pay for men and women for work of equal value in the Civil Service Act of 1961. In order to determine the extent of occupational segregation and the capacity of men and women to have access to all jobs and at all levels, the Committee requests the Government to provide information on the methods used to determine job classifications and pay scales applicable to the public sector. Noting that the statistical information provided by the Government was not disaggregated by sex, the Committee asks the Government to provide statistical information on the distribution of men and women among the various posts and levels.

The Committee welcomes the ILO project funded by the European Commission (DG Trade) to provide support for countries benefiting from GSP+, a component of the Generalized System of Preferences aimed at the effective application of international labour standards, which focuses on four countries, including El Salvador.

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

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

Article 1(b) of the Convention. Work of equal value. The Committee recalls that it has been referring for a number of years to the fact that under article 38(1) of the Constitution, section 123 of the Labour Code and section 19 of the Standard Work Regulations for the Private Sector, the principle of equal remuneration for men and women applies only where the work performed is equal and performed in the same enterprise and under identical circumstances. The Committee notes that pursuant to the Act on equality, equity and eradication of discrimination against women of 8 April 2011, the State shall adopt policies for the “elimination of all wage discrimination between men and women who perform the same job or work”. The Committee also notes the detailed statistical information provided by the Government indicating the existence of extensive occupational gender segregation. The Committee recalls that the Convention refers to the concept of “work of equal value” which, while including the concept of equal work or work carried out under identical circumstances, also encompasses work of a completely different nature, which is nevertheless of equal value, including work performed by men and women in different establishments or enterprises. The Committee further emphasizes that the concept of work of equal value is fundamental in addressing occupational segregation. The Committee refers the Government to its 2006 general observation and to its 2012 General Survey on the fundamental Conventions, in particular paragraphs 672–679. In this regard, the Committee asks the Government to take the necessary measures to give full legislative expression to the principle of equal remuneration for men and women for work of equal value. The Committee asks the Government to provide information on any developments in this respect and on any concrete measures taken or envisaged to reduce the existing marked occupational segregation.

Article 1(a). Remuneration. The Committee has been referring for a number of years to the fact that the definition of “remuneration” set out in section 119 of the Labour Code is narrower than the concept of “remuneration” envisaged in the Convention. Indeed, section 119(2) provides that “sums that the worker may receive occasionally and voluntarily from the employer, such as occasional bonuses or rewards, and sums received in cash, not for the personal benefit of workers nor to meet their needs, or increase their assets, but instead to perform fully their functions, such as costs for representation, transport, working materials or other similar items, do not constitute wages”. While noting the Government’s indication that it is not planned to amend this provision, the Committee recalls that Article 1(a) of the Convention provides that the term “remuneration” includes the “ordinary … wage or salary … and any other emoluments whatsoever payable directly or indirectly, whether in cash or in kind, by the employer to the worker and arising out of the worker’s employment”. Recalling that, in accordance with the Convention, all workers must receive equal remuneration for work of equal value, the Committee asks the Government to provide information about the manner in which it is ensured that the benefits envisaged in section 119(2) of the Labour Code and which, under the terms of that provision, do not constitute wages, are paid to both men and women without discrimination based on sex.

Article 2. Public sector. The Committee notes that no amendments or reforms have yet been adopted for the incorporation of the principle of “work of equal value” into the Civil Service Act. The Committee emphasizes that the concept of “work of equal value” lies at the heart of the fundamental right of equal remuneration for men and women for work of equal value and the promotion of equality (General Survey on the fundamental Conventions, 2012, paragraph 673). The Committee asks the Government to take the necessary measures to include the principle of “work of equal value” in the Civil Service Act and to provide detailed information on the current methods of determining public sector remuneration and on the pay scales applicable to the public sector, with an indication of the distribution of men and women at the various levels.

Article 3. Objective job evaluation. In its previous comments, the Committee requested the Government to provide information on the job classification system in the public and private sectors and to indicate the manner in which it is ensured that the evaluation of jobs is objective and without discrimination on the basis of sex. The Committee notes the Government’s indication that the International Standard Classification of Occupations (ISCO-88) is used in the private sector and that a national system for the classification of occupations has been developed and is administered by the Vocational Training Institute of El Salvador (INSAFORP). The Government adds that the Ministry of Labour and Social Welfare draws up a yearly Official Bulletin on the characteristics of the public employment service and that the Ministry of Labour and Social Welfare has provided training for employment service officials to enable them to assess the profile of jobseekers. While emphasizing that objective evaluation, as set out in the Convention, applies to the work performed and not to the persons carrying it out, the Committee recalls that comparing the value of work performed in different occupations is essential in order to eliminate wage discrimination and that such evaluation should be carried out based on completely objective and non-discriminatory criteria (see the 2006 general observation). The Committee emphasizes that objective job evaluation is important in addressing occupational segregation. The Committee asks the Government to provide information on the manner in which objective job evaluation is carried out in both the public and private sectors, with the aim of ensuring the application of the principle of equal remuneration for men and women for work of equal value.

Part III of the report form. Enforcement. The Committee notes the copies of the self-assessment guide for labour standards and the guide to programmed inspections used by the labour inspection services. The Committee notes that the former publication does not make reference to the principle of “work of equal value”, and that the latter only refers to the concept of “equal work”. The Committee also notes the training activities undertaken by inspectors and the programmed inspections. However, the Committee notes from the information received that in their activities inspectors promote the principle set out in the Labour Code, which is more restrictive than that established by the Convention. The Committee asks the Government to take the necessary measures to ensure that labour inspectors are trained on the principle of equal remuneration for men and women for work of equal value, as set out in the Convention, including on how to detect and address unequal remuneration, and on the concept of “work of equal value”. The Committee asks the Government to provide information on any measures adopted in this respect.

Part IV of the report form. Judicial procedures. The Committee asks the Government to provide information on any court decisions relating to the application of the Convention, and particularly any claims made under section 124 of the Labour Code.

Part V of the report form. Application in practice. In its previous comments, the Committee asked the Government to provide information on the impact of the Plan of Action 2005–09 relating to the application of the principle of the Convention, and on the implementation of the Plan of Action 2010–14. In this regard, the Committee notes the Government’s indication that, according to information provided by the El Salvador Institute for Women’s Development (ISDEMU), the impact of the Plan of Action 2005–09 was moderate because it was not used as a tool to reduce gender inequality or to change public policies with a view to reducing the gender gap: activities were mainly focused on awareness raising of the issue in general, without dealing with the causes or reforming institutions. The Government adds that the objective of the Plan of Action 2010–14 is to provide an effective response to the issue of remuneration, with the aim of achieving wage equity in the medium term. To this end, specific measures will be adopted: an institutional gender diagnosis will be undertaken with a view to mainstreaming equality in state institutions, and indicators will be drawn up to assess the impact of the measures taken. The Committee notes the Government’s indication that, in 2011 and 2012, the ISDEMU prepared two reports as part of the implementation of the women’s policy. The first is “Updated national women’s policy: Measures up to 2014”, focusing on economic independence, employment, income and assets, has the specific objective of wage equality, which implies ensuring the application of the principle of equal wages for equal work, while the second, “Assessment of the autonomy of women in El Salvador: Progress and retrogression on the road to peace, 1992–2012”, describes developments in the participation of women in the labour market and in education. According to the report, there remains cultural gender bias in the determination of income from work. With reference to the institutional gender diagnosis, the Government indicates that the ISDEMU is currently preparing Plans for Equality and the Eradication of Discrimination and the System for Substantive Equality, and is planning to establish gender units in the various state institutions. The Government adds that it is also developing the System of Gender Indicators. The Committee asks the Government to continue providing information on the measures adopted with a view to the implementation of the Plan of Action 2010–14, and particularly on the outcome of the gender analysis of state institutions and the preparation and use of gender indicators. Observing that, according to the report “Updated national women’s policy: Measures up to 2014”, the Plan of Action 2010–14 is based on the principle of equal work, the Committee urges the Government to ensure that all the measures adopted under this Plan are based on the principle of “equal remuneration for work of equal value”, as set out in the Convention.

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

Article 1 of the Convention. Definition of remuneration – Equal remuneration for work of equal value. Further to its previous comments concerning the legislative amendments necessary to ensure the full application of the Convention, the Committee recalls that the definition of “remuneration” set out in section 119 of the Labour Code is narrower than the concept of “remuneration” envisaged by the Convention and that the national legislation restricts the scope of application of the principle of equal remuneration for men and women by determining that it only applies where the work performed is equal and where only workers in a single enterprise or establishment are taken into account under identical circumstances. It also recalls that the Government envisaged legislative reforms with a view to including in the legislation the definitions of “remuneration” and the concept of “work of equal value” as set out in the Convention. The Committee notes the Government’s indication that no progress has been made in this report. Recalling once again that the Labour Code and the Standard Works Regulations for the Private Sector, in their current form, do not give full effect to the principle of the Convention, and referring to its general observation of 2006, the Committee requests the Government to take the necessary measures to ensure that these legislative reforms are adopted in the near future.

Article 2. Public service. With regard to the method used for determining remuneration in the public service based on section 65 of the Civil Service Act, the Committee notes the Government’s statement that the concept of “similar work”, as envisaged in the Civil Service Act, corresponds to the concept of “work of equal value” as set out in the Convention. With reference to paragraphs 3 and 6 of its general observation of 2006, the Committee emphasizes 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, but which is nevertheless of equal value. It also urges governments to take the necessary steps to amend their legislation so as to reflect the principle set out in the Convention, and to prohibit pay discrimination that occurs in situations where men and women perform different work that is nevertheless of equal value. The Committee further notes that the Government will take its comments into account with a view to including explicitly in the legislation the concept of “work of equal value” and that it will keep the Office informed of any developments in this regard. The Committee hopes that the Government will take the necessary measures in the near future to include in the Civil Service Act the concept of “work of equal value” and it requests it to provide a copy of any draft text prepared for this purpose, and any information relating to the application in practice of section 65 of the Civil Service Act.

Article 3. Objective job evaluation. Further to its previous comments concerning the descriptive register of functions in the civil service and the classification of jobs by the Ministry of Finance, the Committee notes the Government’s indication that, after submitting a request to the General Directorate of the Budget, no registers and no statistical data exist in this field. However, the Government previously indicated that, in accordance with section 64 of the Civil Service Act, the Ministry of Finance is responsible for the classification of jobs and for drawing up the descriptive register of functions in the civil service. The Committee requests the Government to provide clarifications on this subject and to indicate the manner in which it is ensured that the evaluation of jobs is objective and carried out without discrimination on the basis of sex in both the public and the private sectors. In this respect, as the Government’s report does not contain any further information on this subject, the Committee once again requests it to provide information on the job classification systems adopted in the private sector under the supervision of the Directorate of Social Welfare and the Department of Employment of the Ministry of Labour and Social Welfare.

Part III of the report form. Supervision of application. With reference to its previous comments concerning the Self-assessment guide for labour standards and the supervisory measures adopted by the General Directorate of Labour in the private sector, the Committee notes the Government’s reference to the Programmed Inspections Guide (Guía de Inspección Programada) used by the labour inspection services to ascertain the application of the principles set out in the Convention. The Committee also notes the Government’s request for technical assistance relating to the acquisition by labour inspectors of the necessary skills to be able to detect violations of the principle of equal remuneration for men and women for work “of equal value”. Noting this information, the Committee requests the Government to specify whether, and in what manner, the Self-assessment guide for labour standards and the Programmed Inspections Guide envisage supervision of the application of the principle of equal remuneration for men and women for work of equal value. Please provide copies of these guides, where appropriate. The Committee hopes that the requested technical assistance will be provided in the near future and also requests the Government to supply information on any measures adopted or envisaged with a view to training labour inspectors so that they can supervise in the best possible manner the application of the principle of equal remuneration for men and women for work of equal value.

Part IV of the report form. Judicial procedures. With regard to judicial procedures, the Committee notes the Government’s indication that no legal action has been taken under section 124 of the Labour Code, which affords workers the right to seek the equalization of their wages when they have not received wages equal to those paid to workers performing work under identical circumstances. The Committee requests the Government to provide information regarding any claims made under section 124 of the Labour Code and any rulings delivered concerning questions of principle relating to the application of the Convention.

Part V of the report form. Application in practice. With regard to the initiatives taken by the El Salvador Institute for Women’s Development (ISDEMU), the Committee notes the Government’s indication that a new Plan of Action for the period 2009–14 is being implemented. Although, during the period 2005–09, the Plan of Action focused on domestic violence against women, the Government indicates that it is endeavouring to mainstream gender in public policies, particularly by strengthening its programme for change (Programa del Gobierno del Cambio) as a fundamental element in the national development strategy. The programme contains four strategic orientations, namely: (a) promoting the active participation of women; (b) the institutionalization of a gender approach in state bodies; (c) improving the access of women to employment; and (d) supporting the application of gender policies at the municipal level. In this respect, the Committee requests the Government to provide further information on the impact of the Plan of Action 2005–09 on the access of women to employment and any other information relating to the application of the principle of the Convention. Similarly, with regard to the Plan of Action for the period 2009–14, the Committee requests the Government to provide information on its implementation and on any measures or initiatives that are adopted in this context to promote equal remuneration for men and women for work of equal value.

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

Article 1(a) of the Convention. Remuneration. With reference to its previous request, in which the Committee observed that the term “wages” (salario) in section 119 of the Labour Code is narrower than the term “remuneration” in the Convention, the Committee notes the Government’s indication that it will take its request into consideration with a view to incorporating the definition of remuneration contained in the Convention into national legislation. The Committee also notes the Government’s indication that the various wage supplements that exist in the public and private sectors are applied in accordance with the right of equality set out in article 38(1) of the Constitution. The Committee asks the Government to provide information on any progress achieved in the incorporation into national legislation of the definition of remuneration set out in the Convention.

Article 1(b). Work of equal value. The Committee refers to its previous comments in which it noted that under article 38(1) of the Constitution, section 123 of the Labour Code and section 19 of the Standard Work Regulations for the Private Sector, the principle of equal remuneration for men and women workers applies in cases where the work performed is equal and that it is limited to workers employed in the same establishment or enterprise under identical conditions. In this respect, the Committee reminded the Government that the Convention sets out the principle of equal remuneration for men and women for “work of equal value” which, although it includes the concept of the same work or work under identical circumstances, goes beyond that and also includes work that is of an entirely different nature but which is nevertheless of equal value, also encompassing work performed by men and women in different establishments or enterprises. The Committee notes the Government’s indication that a legislative reform is pending to include explicitly in national law the principle of equal remuneration for men and women for “work of equal value”. With reference to paragraph 6 of its general observation of 2006, in which it emphasized the importance of giving full expression in law to the concept of work of equal value, the Committee urges the Government to bring its legislation into conformity with the principle set out in the Convention and requests it to provide information on any progress achieved in this respect.

Article 2. Public sector. With reference to its previous request concerning the method currently used to determine remuneration in the public sector, the Committee notes that this method is regulated by the Civil Service Act, under which jobs have to be classified for this purpose into similar groups in terms of duties, functions, responsibilities and capacity requirements, efficiency, knowledge, experience, skill level and qualifications (section 65). The Committee nevertheless notes that the Act refers to the objective of granting “the same level of remuneration under similar conditions of work”, which does not appear to be in conformity with the principles set out in the Convention. The Committee hopes that, in the context of the national reform to introduce explicit reference in law to the principle of equal remuneration for men and women for “work of equal value”, the Government will also bring section 65 of the Civil Service Act into conformity with the principle of the Convention.

Private sector. With reference to the supervisory measures adopted by the General Directorate of Labour for enterprises operating in the country, the Committee notes the number of inspections carried out by the Directorate and by its Special Unit for Gender and the Prevention of Discrimination at Work during which, according to the Government’s report, no violations of the principle of equal remuneration were reported. The Committee also notes the preparation of a “Self-assessment Guide for Labour Standards” containing 68 questions relating to compliance with basic labour obligations, including equal remuneration, which is intended to promote voluntary compliance with such standards. The Committee asks the Government to provide a copy of the “Self-assessment Guide for Labour Standards” to which it refers. In the light of the previous paragraphs, the Committee also asks the Government to take the necessary measures to train labour inspectors in the identification of violations of the principle of equal remuneration between men and women for “work of equal value”, in accordance with its general observation of 2006, and asks it to continue providing information on the inspections performed and their outcome.

Collective agreements. With reference to its previous request on the manner in which the General Directorate of Labour promotes the incorporation in collective agreements of the principle set out in the Convention, the Committee notes that the Directorate examines the content of collective agreements when they are received for registration with a view to ascertaining that there is no violation of the principle of equal remuneration, in accordance with section 279 of the Labour Code; where clauses are found that are not in accordance with this principle, they are deemed to be void. The Committee asks the Government to indicate whether the Directorate has identified clauses that are in violation of the principle of equal remuneration for men and women for “work of equal value” and, if so, to provide details.

Article 3. Objective job evaluation. With regard to the method used for the objective evaluation of jobs, the Committee notes the Government’s indication that in the public sector the Ministry of Finance classifies jobs and draws up a descriptive register of functions in the civil service in accordance with section 64 of the Civil Service Act. With regard to the private sector, the Committee notes that the classification of jobs is carried out by enterprises under the supervision of the Directorate of Social Insurance and the Department of Employment of the Ministry of Labour and Social Insurance, and that it is carried out in particular through the employment placement system which endeavours to ensure that enterprises choose the most suitable person in the light of their abilities and without consideration of their gender. The Committee asks the Government to provide a copy of the job classification register drawn up by the Ministry of Finance in accordance with section 64 of the Civil Service Act and asks the Government to ensure that the criteria used for the evaluation of jobs are not undervalued for the skills normally required in jobs that are predominantly undertaken by women. The Committee also asks the Government to provide examples of the job classifications systems adopted in the private sector under the supervision of the Directorate of Social Insurance and the Department of Employment of the Ministry of Labour and Social Insurance.

Article 4. The Committee notes that, according to the Government’s report, there have been no activities carried out by the Higher Labour Council in relation to the Convention. However, the Committee notes the prevention and education campaigns for both workers and employers undertaken by the Directorate of Labour through the social dialogue committees. The Committee asks the Government to continue providing information on the activities of the Higher Labour Council in relation to the Convention and also requests it to provide information on the initiatives carried out by the social dialogue committees.

Parts IV and V of the report form. With reference to the role played by the El Salvador Institute for Women’s Development (ISDEMU), the Committee notes that this body has a Training and Monitoring Unit for the National Women’s Policy which carries out technical advisory, support and management activities with a view to assessing compliance with the principle of equality of opportunity for men and women at work, including the formulation of the National Action Plan for Employment Opportunities, the organization of awareness-raising days for technical staff in the institutions implementing the National Women’s Policy, with an emphasis on the Equal Remuneration Convention, 1951 (No. 100), and the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), and the promotion of access by women, especially in rural areas, to school and technical and vocational training. The Committee asks the Government to continue providing information on the initiatives carried out by the ISDEMU and the impact thereof in promoting the principle of equal remuneration for men and women for “work of equal value”. The Committee would also be grateful if the Government would provide statistical data on the distribution of men and women in the public and private sectors, by income level, branch of economic activity, occupation or occupational group and level of education/qualifications including, where possible, information on the various components of remuneration.

Judicial procedures. The Committee once again asks the Government to provide information on the claims made under section 124 of the Labour Code which entitles workers to seek the equalization of their wages, including the outcome of such claims.

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

1. Article 1(a) of the Convention. Remuneration. Further to point 2 of its previous direct request, the Committee points out that the term “wages” (salario) in section 119 of the Labour Code is narrower than the term “remuneration” in the Convention since it excludes some elements contained in the Convention’s definition. The Committee reminds the Government that the concept “remuneration” includes “any additional emoluments whatsoever payable directly or indirectly, whether in cash or in kind, by the employer to the worker”. The Committee has established that the expression “any additional emoluments whatsoever” means that the Convention covers elements as numerous as they are diverse, including increments for seniority and housing or residential allowances, as well as indirect elements of remuneration which are not payable directly by the employer to the worker, such as holiday allowances, or allowances paid under social security schemes financed by the undertaking or industry concerned (see General Survey on equal remuneration, 1986, paragraphs 15–17). The Committee asks the Government to provide information on the various wage supplements in the public and private sectors and on the remuneration that men and women receive in practice, including any additional emoluments. The Committee again expresses the hope that the Government will consider the possibility of incorporating a definition of “remuneration” in its legislation that is consistent with the Convention.

2. Article 1(b). Work of equal value. Further to points 1 and 3 of its previous direct request, the Committee notes that according to article 38(1) of the National Constitution, section 123 of the Labour Code and section 19 of the Standard Work Regulations for the private sector, the principle of equal remuneration for men and women workers applies provided the work is equal and the workers are employed in the same establishment or enterprise in the same conditions. The Committee again reminds the Government that the terms of the Convention refer to equal remuneration for men and women for “work of equal value” and do not limit the scope of comparison to equal work or work performed in the same conditions, or in the same enterprise or establishment. Applying the concept of “equal value”, which goes beyond “the same” or “similar” work is important in ensuring that women receive the same remuneration as men where their work is different but of equal value, as determined by an objective evaluation of criteria such as responsibilities, qualifications, effort and working conditions. The purpose of a broad comparison is to gauge the scope of the discrimination that may arise out of the existence of occupational categories and jobs reserved for women and to eliminate unequal remuneration in sectors where the workforce is predominantly female and in jobs traditionally considered to be “feminine” which may be undervalued owing to sexual stereotyping. The Committee again expresses the hope that the Government will amend the legislation to incorporate fully the principle of “equal value” and that it will keep the Committee informed of any progress in this regard.

3. Article 2. Public sector. The Committee again asks the Government to explain in detail the method currently used to determine remuneration in the public sector under the Wages Act and to provide information on the public service pay scales, indicating the distribution of men and women at the various levels. The Committee would be grateful if the Government would forward a copy of the abovementioned Act.

4. Private sector. The Committee requests the Government to provide detailed information in its next report on the measures applied by the General Labour Directorate to monitor enterprises operating in the country in order to secure compliance with the Convention, together with copies of summaries of the reports drawn up by the inspection services, indicating the number and nature of infringements recorded, any penalties imposed and any other particulars of the practical application of the Convention. The Committee hopes that the information will also refer to sectors in which indigenous women are employed and the situation of women working in export processing zones.

5. Collective agreements. The Committee notes that the General Directorate of Labour, in coordination with the Salvadorean Institute for the Development of Women (ISDEMU) has drawn up standard internal regulations with a gender focus. The Committee would be grateful if the Government would provide information in its next report on the manner in which it promotes the incorporation in collective agreements of the principle of equal remuneration for men and women for work of equal value.

6. Article 3. Objective job evaluation. The concept of work of equal value necessarily implies some comparison between jobs, and when the value of different jobs has to be compared, there should exist appropriate machinery and procedures to ensure an evaluation free from discrimination based on sex. The Committee points out that where the value of different jobs is the main point of comparison, it is important to have a machinery and a procedure that are easy to use and to access, and to ensure that the comparison does not take sex as a criterion, either directly or indirectly, but rather other objectives such as professional qualifications, responsibilities or intellectual effort required for the jobs in question. The Committee, therefore, again asks the Government to provide information on the method used to evaluate jobs objectively on the basis of the tasks involved, and would be grateful for detailed information on the methods used in both the public and the private sectors for classifying jobs.

7. Article 4. The Committee asks the Government to keep it informed of any measures adopted and the activities carried out by the Higher Labour Council, including summaries or minutes of its meetings related to the application of the Convention.

8. Parts IV and V of the report form. The Committee asks the Government to keep it informed of new plans or programmes that the ISDEMU is implementing or intends to implement which have a bearing on the application of the principle of equal remuneration for men and women for work of equal value.

9. Court action and labour inspection. Having asked the Government to inform it of any claims brought under section 124 of the Labour Code which entitles workers to seek equalization of their wages, the Committee notes that an equalization claim was recently filed with the Labour Inspection General Directorate. It asks the Government to report on the status of these proceedings and to provide information on the Labour Inspectorate’s activities to promote and secure compliance with the principle of the Convention.

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

The Committee notes the information supplied by the Government in its first report, the observations by the Comisión Intersindical (CATS-CTD-CGT-CTS-CSTS-CUTS) and the Government’s response thereto. The Committee also notes the comments of 31 January 2003 sent by the International Confederation of Free Trade Unions (ICFTU), raising matters related to the application of the Convention, and the Government’s replies to them.

1. The Committee notes that both the ICFTU and the Comisión Intersindical indicate that there is still a wage differential between men and women workers, with a widening gap in jobs requiring higher education and in jobs in rural areas. The Comisión Intersindical further observes that the income of self-employed men is 76 per cent higher than that of self-employed women. The Committee also notes that the Comisión Intersindical knows of no legislative or administrative initiative by the Government to redress the inequality in the remuneration of men and women workers to which it refers. The Committee notes that the Government’s reports contain no response to these points. It would be grateful if the Government would supply statistical data in its next report showing the distribution of wages and income by sex in the various sectors, in accordance with its general observation of 1998, which is appended. Please also provide information on measures undertaken by the Government to reduce the pay gap between men and women.

2. Article 1, paragraph (a), of the Convention. The Committee notes that in its report the Government states that the term "remuneration" has the meaning conferred on it by this provision of the Convention. The Committee observes however that the definition in section 119 of the Labour Code is narrower in scope: it does not refer to payment "in kind" and specifically excludes some payments that would be considered as being within the Convention’s definition. The Committee asks the Government to provide information on how it applies the principle of equal remuneration between men and women workers for work of equal value in the event of differences arising from payments in kind and other emoluments which are not included in the definition in section 119 of the Labour Code. It also asks the Government to consider incorporating in the legislation the broader definition of "remuneration" given in the Convention.

3. Article 2. The Committee notes that in its report the Government states that the principle of equal remuneration for men and women is established in article 38(1) of the Constitution of the Republic and section 123 of the Labour Code. The Committee observes that both the above provisions refer to the application of the principle of equal remuneration for men and women for equal work in the case of workers in the same enterprise or establishment and in the same circumstances. The Committee draws the attention of the Government to the fact that the Convention refers to equal remuneration for men and women workers for "work of equal value" without imposing the restrictions of equal work, the same circumstances, or the same enterprise or establishment. The Committee furthermore observes that the objective of the Convention is to allow for the comparison of the value of the work where men and women are doing different jobs including jobs in different sectors which employ women mainly or exclusively or sectors regarded as typically "female" and which may be undervalued because of gender-related stereotypes. The Committee trusts that the Government will take steps to bring its legislation into conformity with this provision of the Convention.

4. The Committee notes that the Government refers to a number of administrative laws and regulations which apply to the provisions of the Convention. It would be grateful if in its next report the Government would supply copies of these administrative laws and regulations along with an explanation of how they apply to the Convention.

5. The Committee notes that in the information supplied in the Government’s report, there is no indication as to the method in use for determining remuneration. The Committee would be grateful if in its next report the Government would provide detailed information on the manner in which wages are fixed, including the minimum wage in the public and private sectors. The Committee hopes that the information will also cover sectors employing indigenous women and women working in industrial export processing zones.

6. The Committee would be grateful if the Government would provide information in its next report on the manner in which it promotes the incorporation in collective agreements of the principle of equal remuneration for men and women workers for work of equal value. Please also provide copies of any such agreements.

7. Article 3. The Committee notes that in the information supplied in the Government’s report there is no indication of the method used for objective job appraisal based on the tasks involved. The Committee points out that in order to compare work mainly in terms of value, it is important to have easy-to-use and accessible machinery and procedures to ensure that the comparison is not based directly or indirectly on the criterion of sex but on objectives that have to do with the skills, responsibility or intellectual effort required by the tasks in question. The Committee would be grateful if the Government would provide detailed information in its next report on the methods used in the public sector and in the private sector for job classification.

8. Article 4. The Committee notes the information supplied by the Government in its report to the effect that cooperation with the employers’ and workers’ organizations concerned takes place through the Higher Labour Council and the National Minimum Wage Council. The Committee would be grateful if the Government would provide information in its next report on the activities carried out with organizations of employers and workers to apply the provisions of the Convention.

9. Parts IV and V of the report form. The Committee asks the Government to provide information on measures taken under the new plan of the Salvadorean Institute for the Development of Women (ISDEMU) for the period 2000-04 which are related to the application of the principle of equal remuneration for men and women workers for work of equal value.

10. The Committee notes the information supplied by the Government in its report to the effect that, under section 124 of the Labour Code, failure to apply the principle established in section 123 of the Code entitles the workers affected to claim equalization of their wages. The Committee would be grateful if the Government would provide information in its next report on any measures taken under this provision together with copies of any judicial and/or administrative decisions, extracts of reports by the inspection services indicating the number and nature of infringements recorded and any other information relevant to the practical application of the Convention.

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

The Committee notes the information provided by the Government in its first report. It also notes a communication from the Inter-Union Commission (CATS-CTD-CGT-CTS-CSTS-CUTS), dated 12 September 2002, raising questions relating to the application of the Convention. The above communication has been forwarded to the Government so that it can make its comments on the matters raised therein. The Committee will examine the Inter-Union Commission’s communication at its next session, together with any comments provided by the Government, and the information contained in the first report.