Equal Remuneration Convention, 1951 (No. 100) - Nicaragua (Ratification: 1967)

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

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Articles 1 and 2 of the Convention.Gender pay gap and occupational segregation. The Committee notes the information in the Government’s report on various programmes and actions for promoting gender equality, such as: (1) 26 programmes aimed at increasing training and education initiatives for women and promoting women’s rights; (2) the implementation of plans and programmes to make progress in reducing gender stereotypes and the employment gap, in line with the “National Plan for poverty reduction and human development 2022–26”; (3) the promotion of municipal trade schools for capacity-building for women and for promoting the active participation of women in the labour market; and (4) various projects which have benefited women in rural areas, such as the “Micro-credit programme for rural entrepreneurs”, the Adelante programme providing finance for rural women, the “National programme for rural technical education” and the “National rural university programme”. As regards the use of gender indicators, the Government indicates that the gender-mainstreaming indicator system (SIEG) is out of date and that the National Information and Development Institute (INIDE) has incorporated gender mainstreaming into its research variables and produces information which contributes to wages monitoring and follow-up through the “ongoing household survey”. The Committee requests the Government to provide information on the impact of the various policies adopted on reducing the gender pay gap and, in particular, on the evolution of access for women to a broader range of jobs and sectors with career prospects and higher wages. In order to be able to evaluate the impact of such measures, the Committee once again requests the Government to provide statistical information on the participation of women and men in the labour market, disaggregated by sex and, if available, disaggregated by branch of activity and occupation.

Public sector. The Committee notes the statistical information provided by the Government, as follows: (1) the percentages of women and men in the public sector have remained constant between 2018 (60.50 per cent women) and March 2023 (60.34 per cent women); (2) there is a higher percentage of women than men working in education (69.87 per cent women) and the health sector (66.34 per cent women); (3) the gender gap in the average wage in the public sector has remained in favour of men at 8 per cent, and up to 19 per cent in the health sector; and (4) women are in the majority in ministerial posts (in 10 out of 16 ministries), managerial levels of government (53 per cent) and mayors’ offices (52 per cent). The Committee requests the Government to provide information on the steps taken to reduce the gender pay gap in the public sector, especially in sectors where women predominate, such as measures to promote objective job evaluation in those sectors and to promote access for women to jobs and sectors with better career and pay prospects.

Article 2(c). Collective agreements. The Government indicates that, from 2021 to the first quarter of 2023, a total of 131 collective agreements were signed, benefiting a total of 229,887 workers, of whom 119,593 are women. The Government also indicates that no collective agreements containing clauses relating to equal remuneration have been registered, since wages and other social benefits established in these agreements reflect the principle of equality and are applicable to all men and women workers without any distinction on the basis of sex. The Committee requests the Government to provide information on the measures taken to ensure that in practice the wages established in collective agreements are determined without gender bias.

Enforcement. The Government indicates that from 2018 to the first quarter of 2023 a total of 83,576 inspections were carried out, guaranteeing the right to equal pay for 51,030 women through an adjustment of the minimum wage. The Government provides information on a series of court cases relating to the principle of equal remuneration, in particular two cases alleging pay discrimination between workers performing the same job (with reversal of the burden of proof being applied in one case and the complaint being upheld) and one case in which a complaint of pay discrimination involving the unilateral reduction of a pregnant woman’s wages was upheld. The Committee requests the Government to provide information on cases handled by the labour inspectorate, courts or other competent authorities in which the principle of equal remuneration for women and men performing different kinds of work has been applied.

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

Previous comment

Articles 1(b) and 2(2)(a) of the Convention. Equal remuneration for work of equal value. Legislation. The Government states in its report that it considers that there is a clear legal basis in the country to ensure the protection and restitution of the right to equal remuneration. In this regard, the Government refers to the Labour Code (Act 185), whose principle XIII guarantees to workers equal wages for equal work in identical working conditions, in line with their social responsibility. The Committee notes that this provision refers to equal wages for “equal work”. The Committee also notes that the terminology of that provision is more restrictive than the principle established by the Convention since this principle goes beyond equal remuneration for “equal”, “the same” or “similar” work and also encompasses work of a completely different nature which is nevertheless considered to be of “equal value”. The Committee also recalls that it noted in its previous comments that section 19 of Act No. 648 of 2008 on equality of rights and opportunities refers to “equal wages” for women and men for “equal work”. The Committee once again urges the Government to take steps to amend the Labour Code (Act 185) and Act No. 648 of 2008 to ensure that both fully incorporate the principle of the Convention and cover not only equal remuneration for equal work but also equal remuneration for work of equal value.

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

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

The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee proceeded with the examination of the application of the Convention on the basis of the supplementary information received from the Government this year, as well as on the basis of the information at its disposal in 2019.

Articles 1 and 2 of the Convention. Gender pay gap and occupational segregation. In its previous comment, the Committee requested the Government to indicate how the concept of equal remuneration for work of equal value is applied in practice and its impact in terms of reducing the gender pay gap. It also requested the Government to provide information on all activities conducted within the framework of the judiciary’s “Gender equality policy 2016–20” and the impact of those activities in terms of reducing the gender pay gap in the judiciary. The Committee also requested the Government to indicate whether other public bodies had adopted gender equality policies. In its supplementary report, the Government emphasizes the fact that at the global level Nicaragua continues to occupy fifth place in the Global Gender Gap Index in 2020, achieving a 80.4 per cent reduction in inequality between men and women. Women occupy more than 50 per cent of decision-making posts in the legislative, executive and judicial authorities, in the Government cabinet, local governments, and in senior management in decentralized autonomous entities. With regard to the judiciary, the Government recalls that, in response to a growth in demand for judiciary services, in 2015 the overall number of judiciary staff increased by 60 per cent compared with 2008. The Government indicates that it has increased the number of women judges in the Supreme Court of Justice by 37 per cent and the number of women judges in the Appeal Courts by 47 per cent. Moreover, two of the four chambers are presided over by women judges of the Supreme Court, and one woman judge is the president of the highest body of the judiciary. Four of the eight Appeal Courts are presided over by women judges. A total of 64 per cent of posts in the judiciary are held by women, and in the administrative service 285 out of 465 senior management posts, 1,045 out of 1,797 executive posts and 1,281 out of 2,771 operational posts are occupied by women. The Government therefore affirms that there is no salary gap between men and women of the same rank and that any differences are owing to hierarchical position. In other words, the judges of the Supreme Court of Justice have the highest salary, followed by the judges of the Court of Appeals. Lastly, the Government recalls that the Judiciary Commission on Gender (established in 2003 to improve access to justice for women and to promote diligent and efficient judicial action which respects and protects women’s rights) is the body that implements gender mainstreaming. The Government indicates that the Judiciary Commission on Gender currently comprises five women, including the president of the Supreme Court. Thanks to the existence of this Commission, significant changes have been made to promote and protect gender equality. The Committee duly notes the information provided. The Committee requests the Government to continue providing information on progress made in gender policies being implemented in the context of the public service.

Gender indicators. Noting that the Government merely recalls the participatory manner in which the Gender Mainstreaming Indicator System (SIEG) was adopted, as well as its objective of gender mainstreaming in its statistical output, the Committee once again requests the Government to indicate how this indicator is used in practice in order to measure the existing gender pay gap for work of equal value and provide information on the impact of the Gender Mainstreaming Indicator System in promoting the principle of the Convention.

Article 2(c). Collective agreements. In its previous comment, the Committee requested the Government to provide examples of signed collective agreements that guarantee the principle of equal pay for men and women for work of equal value, and information on the specific measures taken by the social partners within this framework, in order to reduce the pay gap. The Government indicates in its report that, as at September 2019, there had been no registrations of collective agreements establishing clauses guaranteeing the principle of equal pay for men and women for work of equal value. The Committee requests the Government to provide up-to-date information on the activities conducted by the Directorate-General of Collective Rights to encourage the inclusion of clauses guaranteeing the application of the principle of equal pay for men and women for work of equal value in collective agreements concluded by employers and workers. The Committee notes the Government’s indication in its supplementary report that in the period from January to July 2020 a total of 33 collective agreements were registered, of which 16 were negotiated and 17 had their validity extended. In addition, five collective agreements were adopted in industrial export processing zones, of which four were negotiated and one had its validity extended. The Committee notes that, according to the information supplied, the specific benefits for women include breastfeeding breaks, birth allowances, incentives and celebrations on special days for mothers, secretaries and women in general; guarantees and benefits for pregnant women; and payments of prenatal and postnatal allowances. The Committee requests the Government to indicate whether the above-mentioned collective agreements include, in addition to the aforementioned benefits, clauses that promote the principle of equal remuneration for men and women for work of equal value. The Committee also requests the Government to provide information on any collective agreements signed in the future that contain clauses to this effect.

Equal pay in the public sector. In its previous comments, the Committee requested the Government to continue providing statistical information on the rates of pay for men and women in the public sector, disaggregated by economic activity, and on the measures taken to encourage an increase in women’s participation in public-sector employment, including in managerial posts, and the impact of those measures in reducing the gender pay gap. The Government indicates that, between 2017 and 2018, it implemented measures to promote women’s labour market integration through microcredit programmes and productive investment projects for women in rural and urban areas. The Government also reports that, between 2017 and September 2019, awareness-raising and training campaigns were conducted for 15,986 women leaders, small entrepreneurs, and members of cooperatives for individual, family and community development to eliminate inequalities and to overcome poverty. Section 9 of Act No. 648 of 2008 has also been implemented, establishing a proportional percentage of women and men in elected offices at the national, regional and municipal levels and in the Central American Parliament, as well as their integration in decision-making bodies of the public administration and regional and municipal Governments. The Government indicates that in March 2020 there were 60.2 per cent women and 39.8 per cent men in the public sector. Concerning the gender pay gap, the Government indicates that in 2017, men earned 9 per cent more than women. As of September 2019, the pay gap had decreased by nine per cent to 8 per cent. Concerning the number of senior government officials, in 2017, there were 305 officials, 148 of whom were women and 157 were men. As of September 2019, there were 316 officials, of whom 151 were women and 165 were men. Of those officials, the average wage for men was 12 per cent higher from 2017 to September 2019. The Government also indicates that Decree No. 19 of 2007, issuing regulations for senior public officials in the executive branch, establishes the wage rates in accordance with the position occupied without any distinction. As of September 2019, of the 16 existing ministerial posts, nine are occupied by women and seven by men. Men receive a 0.03 per cent higher wage than women. The Committee notes the information provided and requests the Government to continue taking proactive measures to address the existing pay gap and provide information on all measures taken in this respect and on their impact. The Committee also requests the Government to continue providing statistical information on the rates of pay for men and women in the public sector, disaggregated by area of activity and position, so that progress made in reducing the gender pay gap may be evaluated over time.

Labour inspection. In its previous comments, the Committee requested the Government to provide information on labour inspection activities relating to the principle of equal remuneration for work of equal value, as provided for in the Convention, indicating the number and type of infringements reported or identified, as well as the penalties imposed and their results. The Government reports that, from 2017 to the first quarter of 2019, a total of 33,794 labour inspections were conducted, leading to the equalization of the wages of 25,516 women who had previously received lower pay than men who performed the same work and occupied the same positions. Concerning the identified infringements, 4,280 related to equality and non-discrimination and 14,566 to wages, among other infringements of labour and social security rights. In addition, in its supplementary report, the Government adds that between January and December 2019: (1) the Ministry of Labour provided 1,367 women with advice, mainly in relation to: wages, job-related benefits, positions of trust, overtime, rest days and public holidays; and (2) protection of labour rights was provided for 9,720 women; of these, 7,716 who had been paid less for performing the same tasks as men were awarded a pay rise. The Committee requests the Government to continue providing information on labour inspection activities relating to the principle of equal remuneration for work of equal value as provided for in the Convention.

Application in practice. The Committee requests the Government to provide information on all relevant legal cases relating to the application of the principle of equal remuneration for men and women for work of equal value.

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

The Committee notes the supplementary information provided by the Government on matters raised in the direct request addressed to it and also reiterates the content of its observation adopted in 2019, which is reproduced below.

Article 1(b) of the Convention. Legislation. In its previous comments, the Committee requested the Government to harmonize its legislation, Act No. 648 of 2008 on equal rights and opportunities, in order to incorporate fully the principle of equal remuneration for men and women workers for work of equal value, as enshrined in the Convention. The Committee notes that, in its report, the Government provides detailed information on the legislation in force, particularly on Act No. 648 of 2008, but that it does not provide any information on the harmonization of the Act with the principle enshrined in the Convention. The Committee recalls 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. The concept of “work of equal value” is fundamental to tackling occupational gender segregation in the labour market, which exists in almost every country, as it permits a broad scope of comparison, including, but going beyond equal remuneration for “equal”, “the same” or “similar” work, and also encompasses work that is of an entirely different nature, which is nevertheless of equal value (see 2012 General Survey on the fundamental Conventions, paragraph 673). Recalling the importance of ensuring that men and women have a clear legal basis for asserting their right to equal pay for work of equal value vis-à-vis their employers and the competent authorities, whether their claim is on the basis of comparable data drawn from their own employer or from other comparable work outside their enterprise, the Committee urges the Government to take action in order to harmonize Act No. 648 of 2008 on equal rights and opportunities, to incorporate fully the principle of equal remuneration for men and women workers for work of equal value, as enshrined in the Convention and to provide information on progress in this regard.

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

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

Articles 1 and 2 of the Convention. Gender pay gap and occupational segregation. In its previous comment, the Committee requested the Government to indicate how the concept of equal pay for work of equal value is applied in practice and its impact in terms of reducing the gender pay gap. It also requested the Government to provide information on all activities conducted within the framework of the judiciary’s “Gender equality policy 2016–20” and the impact of those activities in terms of reducing the gender pay gap in the judiciary. The Committee also requested the Government to indicate whether other public bodies had adopted gender equality policies. In its report, the Government emphasizes that, in its 2018 Global Gender Gap Report, the World Economic Forum awarded Nicaragua fifth place in relation to its achievements in reducing the gender pay gap. With regard to the judiciary, the Government recalls that, in response to a growth in demand for judiciary services, in 2015 the overall number of judiciary staff increased by 60 per cent compared with 2008. The Government indicates that: (i) from 2015 to 2018, women judges’ participation increased from 21 to 31 per cent, and the number of women Appeal Court judges increased from 38 per cent to 47 per cent; (ii) 52 per cent of civil servants and employees in administrative positions were women and, nationwide, 59 per cent of senior management positions were held by women and 65 per cent of executive positions were held by women; (iii) between 2016 and September 2019, of the total number of officials in the judicial branch, on average, 64 per cent were woman and 36 per cent were men; (iv) during the same period, women made up the majority of all categories in the judicial branch, except the position of magistrate, of whom an average 34.61 per cent were women and 65.38 per cent were men, and the position of court notifier, of whom an average 19.58 per cent were women and 80.42 per cent were men. The Government therefore affirms that there is no salary gap between men and women of the same rank and that any differences are owing to hierarchical position. In other words, the judges of the Supreme Court of Justice have the highest salary, followed by the judges of the Court of Appeals. The Committee notes the information provided. Noting that there is a low proportion of women at the highest level of the judiciary, the Committee requests the Government to indicate the measures envisaged to increase the number of women able to access the highest positions in the legal profession, particularly in the Supreme Court of Justice. Noting that the Government has not indicated whether other public bodies have adopted a gender equality policy, the Committee once again requests the Government to provide this information.

Gender indicators. Noting that the Government merely recalls the participatory manner in which the Gender Mainstreaming Indicator System (SIEG) was adopted, as well as its objective of gender mainstreaming in its statistical output, the Committee once again requests the Government to indicate how this indicator is used in practice in order to measure the existing gender pay gap for work of equal value and provide information on the impact of the Gender Mainstreaming Indicator System in promoting the principle of the Convention.

Article 2(c). Collective agreements. In its previous comment, the Committee requested the Government to provide examples of signed collective agreements that guarantee the principle of equal pay for men and women for work of equal value, and information on the specific measures taken by the social partners within this framework, in order to reduce the pay gap. The Government indicates in its report that, as at September 2019, there had been no registrations of collective agreements establishing clauses guaranteeing the principle of equal pay for men and women for work of equal value. The Committee requests the Government to provide up-to-date information on the activities conducted by the Directorate-General of Collective Rights to encourage the inclusion of clauses guaranteeing the application of the principle of equal pay for men and women for work of equal value in collective agreements concluded by employers and workers.

Equal pay in the public sector. In its previous comments, the Committee requested the Government to continue providing statistical information on the rates of pay for men and women in the public sector, disaggregated by economic activity, and on the measures taken to encourage an increase in women’s participation in public-sector employment, including in managerial posts, and the impact of those measures in reducing the gender pay gap. The Government indicates that, between 2017 and 2018, it implemented measures to promote women’s labour market integration through microcredit programmes and productive investment projects for women in rural and urban areas. The Government also reports that, between 2017 and September 2019, awareness-raising and training campaigns were conducted for 15,986 women leaders, small entrepreneurs, and members of cooperatives for individual, family and community development to eliminate inequalities and to overcome poverty. Section 9 of Act No. 648 of 2008 has also been implemented, establishing a proportional percentage of women and men in elected offices at the national, regional and municipal levels and in the Central American Parliament, as well as their integration in decision-making bodies of the public administration and regional and municipal Governments. Concerning the statistical information on rates of pay for men and women in the public sector, the Government indicates that, in 2017, the public sector comprised 60.6 per cent women and 39.4 per cent men. Concerning the gender pay gap, the Government indicates that in 2017, men earned 9 per cent more than women. As at September 2019, the pay gap had decreased by one point to 8 per cent. Concerning the number of senior government officials, in 2017, there were 305 officials, 148 of whom were women and 157 were men. As at September 2019, there were 316 officials, of whom 151 were women and 165 were men. Of those officials, the average wage for men was 12 per cent higher from 2017 to September 2019. The Government also indicates that Decree No. 19 of 2007, issuing regulations for senior public officials in the executive branch, establishes the wage rates in accordance with the position occupied without any distinction. As at September 2019, of the 16 existing ministerial posts, nine are occupied by women and seven by men. Men receive a 0.03 per cent higher wage than women. The Committee notes the information provided and requests the Government to continue taking proactive measures to address the existing pay gap and provide information on all measures taken in this respect and on their impact. The Committee also requests the Government to continue providing statistical information on the rates of pay for men and women in the public sector, disaggregated by area of activity and position, so that progress made in reducing the gender pay gap may be evaluated over time.

Labour inspection. In its previous comments, the Committee requested the Government to provide information on labour inspection activities relating to the principle of equal pay for work of equal value, as provided for in the Convention, indicating the number and type of infringements reported or identified, as well as the penalties imposed and their results. The Government reports that, from 2017 to the first quarter of 2019, a total of 33,794 labour inspections were conducted, leading to the equalization of the wages of 25,516 women who had previously received lower pay than men who performed the same work and occupied the same positions. Concerning the identified infringements, 4,280 related to equality and non-discrimination and 14,566 to wages, among other infringements of labour and social security rights. The Committee requests the Government to continue providing information on labour inspection activities relating to the principle of equal remuneration for work of equal value as provided for in the Convention, indicating the number and type of infringements communicated or identified, as well as the penalties imposed and their results.

Application in practice. The Committee requests the Government to provide information on all relevant legal cases relating to the application of the principle of equal remuneration for men and women for work of equal value.

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

Article 1(b) of the Convention. Legislation. In its previous comments, the Committee requested the Government to harmonize its legislation, Act No. 648 of 2008 on equal rights and opportunities, in order to incorporate fully the principle of equal remuneration for men and women workers for work of equal value, as enshrined in the Convention. The Committee notes that, in its report, the Government provides detailed information on the legislation in force, particularly on Act No. 648 of 2008, but that it does not provide any information on the harmonization of the Act with the principle enshrined in the Convention. The Committee recalls 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. The concept of “work of equal value” is fundamental to tackling occupational sex segregation in the labour market, which exists in almost every country, as it permits a broad scope of comparison, including, but going beyond equal remuneration for “equal”, “the same” or “similar” work, and also encompasses work that is of an entirely different nature, which is nevertheless of equal value (see 2012 General Survey on the fundamental Conventions, paragraph 673). Recalling the importance of ensuring that men and women have a clear legal basis for asserting their right to equal pay for work of equal value vis-à-vis their employers and the competent authorities, the Committee urges the Government to take action in order to harmonize Act No. 648 of 2008 on equal rights and opportunities, to incorporate fully the principle of equal remuneration for men and women workers for work of equal value, as enshrined in the Convention and to provide information on progress in this regard.

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

Article 1(b) of the Convention. Equal remuneration for work of equal value. Legislation. In its previous comments, the Committee noted that while Act No. 648 of 2008 concerning equal rights and opportunities lays down the principle of equal pay for equal work in keeping with work experience, academic qualification, level of responsibility and responsibility of the position, the regulations implementing Act No. 648 (Decree No. 29-2010 of 28 June 2010), which apply to both the public and private sectors, refer to the principle of equal pay for work of equal value (section 2) and to equal pay for work of equal value and equality of conditions (section 18). The Committee requested the Government to clarify whether, in accordance with the legislation in force, the principle of equal pay for work of equal value is applied in practice, allowing for the comparison of work of an entirely different nature, and to indicate whether any cases have addressed this issue, and the results thereof. The Committee notes that the Government has not provided information on this question in its report. Recalling the importance of ensuring that men and women have a clear legal basis for asserting their right to equal pay for work of equal value before their employers and the competent authorities, the Committee requests the Government to harmonize its legislation in order to incorporate fully the principle of equal remuneration for men and women workers for work of equal value, as enshrined in the Convention, and report on any developments in that respect. In the meantime, the Committee once again requests the Government to indicate how the concept of equal pay for work of equal value is applied in practice and its impact in terms of reducing the gender pay gap, and to provide copies of any judicial cases that addressed this issue and the outcome of those.

Gender indicators. The Committee recalls that in its previous comments, it noted the Government’s information that it had established a system of gender indicators that had an influence on public policies concerning equality in employment and occupation at national level. The Committee requested the Government to provide information on those indicators, how they were applied and their impact in terms of reducing the gender pay gap. The Committee notes the Government’s information on the System of Indicators with a Gender Perspective (SIEG), which, in line with the Government’s gender policy, is an instrument for measuring and evaluating the situation and status of women. The Committee notes that among the Indicators with a Gender Perspective, Indicator No. 47 (salary ratio between men and women) defines labour income inequality between employees of either sex, expressed as the quotient between monthly average income of men and women respectively. The Committee requests the Government to indicate how this indicator is used in practice to measure the existing salary gap between men and women for work of equal value and to report on the impact of the SIEG in promoting this principle of the Convention.

Article 2 (c). Collective agreements. The Committee notes the Government’s information that the Directorate-General of Collective Rights took steps in 2016 to encourage trade unions to participate in their negotiations and sign collective agreements containing provisions benefiting women, such as the registration of 73 national collective agreements, through which labour conditions were improved for 106,756 women workers. The Committee requests the Government to provide examples of signed collective agreements containing provisions that guarantee the principle of equal remuneration between men and women for work of equal value, and also information on the specific measures taken by the relevant stakeholders to reduce the pay gap.

Equal pay in the public sector. In its previous comments, the Committee requested the Government to provide statistical information and specific information on measures taken to promote an increase in the participation of women in public employment, including in managerial posts, and the impact of such measures in terms of reducing the gender pay gap. The Committee notes the information provided by the Government indicating that 128,998 public servants work in the public sector, 60.78 per cent of whom are women and 39.22 per cent are men. The Committee also notes that, according to the 2017 statistics provided by the Government, there is a higher proportion of women in posts in the fields of education (70.57 per cent) and health (66.78 per cent) and a higher proportion of men in security and defence (71.43 per cent). Recalling the importance of using appropriate data to determine the nature, scope and causes of unequal remuneration, the Committee requests the Government to continue providing statistical information on the rates of remuneration of men and women in the public sector, disaggregated by economic activity, which enable an assessment of the progress in reducing the gender pay gap over the long term. The Committee also requests the Government to provide specific information on measures adopted to promote an increase in the participation of women in public employment, including in managerial posts, and the impact of such measures in terms of reducing the gender pay gap.

Labour inspection. In its previous comments, the Committee requested the Government to indicate whether the inspections undertaken verify that the principle of equal pay for work of equal value, as laid down in the Convention, is applied and what their outcome has been. The Committee notes that the Government refers to the Technical Guide for Labour Inspection. The Committee notes that, while section 7 of the Guide addresses the principle of equality and non-discrimination and section 3 addresses salaries, there is no explicit reference therein to the principle of the Convention. The Committee also notes the Government’s information that from 2016 to April 2017, inspections were conducted in 2,629 workplaces, safeguarding the labour rights of 27,487 women, and at the same time the application of an equitable minimum wage was guaranteed for 17,934 women who were found during inspections to be receiving less than the legal minimum wage. The Committee notes that the Government does not specify whether or not the principle of the Convention was violated. Therefore, the Committee requests the Government to provide information on the labour inspection activities related to the principle of the Convention, indicating the number and type of infractions reported or identified, as well as the sentences imposed and their outcome.

Application in practice. The Committee notes that the judiciary adopted the policy on gender equality 2016–20 (available on the judiciary’s website), which aims to continue fostering the increased participation of women in senior posts in the judiciary and to create training, awareness raising, specialized and lifelong learning programmes with a gender perspective for judicial officials. The Committee requests the Government to provide information on any activity carried out within the framework of the judiciary’s policy on gender equality 2016–20 and the impact of those in terms of reducing the gender pay gap in the judiciary. The Committee also requests the Government to indicate whether other public bodies have adopted a gender equality policy and, if so, the Committee requests the Government to provide information on the activities carried out within the framework of this policy and its impact.

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

The Committee notes that the Government’s report contains no reply to its previous comments. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 1(b) of the Convention. Equal remuneration for work of equal value. Legislation. The Committee has been referring for a number of years to the need to give full expression in law to the principle of the Convention. In this regard, the Committee previously noted that while Act No. 648 concerning equal rights and opportunities lays down the principle of equal pay for equal work in keeping with work experience, academic qualification, level of responsibility and responsibility of the position, the regulations implementing Act No. 648 (Decree No. 29-2010 of 28 June 2010), which apply to both the public and private sectors, refer to the principle of equal pay for work of equal value (section 2) and to equal pay for work of equal value and equality of conditions (section 18). The Committee observes that the Government’s report does not contain any new information on this matter. The Committee recalls that the concept of “work of equal value” lies at the core of the fundamental right to equal remuneration for men and women for work of equal value. Moreover, the concept is essential in addressing occupational sex segregation in the labour market, a problem that affects almost all countries, as it permits a broad scope of comparison, which includes equal remuneration for “equal”, the “same” or “similar” work but also encompasses work of an entirely different nature which is nevertheless of equal value (General Survey on the fundamental Conventions, 2012, paragraph 673). The Committee requests the Government to clarify whether, in accordance with the regulations implementing Act No. 648, the principle of equal pay for work of equal value is applied in practice, allowing for the comparison of work of an entirely different nature, and to indicate whether any cases have addressed this issue, and the results thereof.

Gender indicators. Observing that the Government’s report does not contain further information on this point, the Committee again requests the Government to provide information on gender indicators, how they are applied and their impact in terms of reducing the gender pay gap.

Equal pay in the public sector. The Committee notes the statistical information supplied by the Government on public sector employment. The Government acknowledges the existence of the gender pay gap and indicates that progress has been made in promoting equality. The Committee observes that although 61 per cent of all employees are women, the maximum wage paid to men is 112,950 Nicaraguan cordobas (NIO), while for women it is NIO95,760. In addition, the average wage for men is NIO5,682 while for women it is NIO5,124. The Committee requests the Government to continue to provide statistical information and specific information on measures taken to promote an increase in the participation of women in public employment, including in managerial posts, and the impact of such measures in reducing the gender pay gap.

Application in practice. The Committee notes the activities undertaken by the labour inspectorate with a view to ensuring payment of the minimum wage for women workers, and also the training activities undertaken. The Committee requests the Government to indicate whether the inspections undertaken verify that the principle of equal pay for work of equal value, as laid down in the Convention, is applied and what their outcome has been. The Committee also requests the Government to provide statistical information on the participation of women in the private sector and the rates of pay for men and women in both the public and private sectors.

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

Article 1(b) of the Convention. Equal remuneration for work of equal value. Legislation. The Committee has been referring for a number of years to the need to give full expression in law to the principle of the Convention. In this regard, the Committee previously noted that while Act No. 648 concerning equal rights and opportunities lays down the principle of equal pay for equal work in keeping with work experience, academic qualification, level of responsibility and responsibility of the position, the regulations implementing Act No. 648 (Decree No. 29-2010 of 28 June 2010), which apply to both the public and private sectors, refer to the principle of equal pay for work of equal value (section 2) and to equal pay for work of equal value and equality of conditions (section 18). The Committee observes that the Government’s report does not contain any new information on this matter. The Committee recalls that the concept of “work of equal value” lies at the core of the fundamental right to equal remuneration for men and women for work of equal value. Moreover, the concept is essential in addressing occupational sex segregation in the labour market, a problem that affects almost all countries, as it permits a broad scope of comparison, which includes equal remuneration for “equal”, the “same” or “similar” work but also encompasses work of an entirely different nature which is nevertheless of equal value (General Survey on the fundamental Conventions, 2012, paragraph 673). The Committee requests the Government to clarify whether, in accordance with the regulations implementing Act No. 648, the principle of equal pay for work of equal value is applied in practice, allowing for the comparison of work of an entirely different nature, and to indicate whether any cases have addressed this issue, and the results thereof.

Gender indicators. Observing that the Government’s report does not contain further information on this point, the Committee again requests the Government to provide information on gender indicators, how they are applied and their impact in terms of reducing the gender pay gap.

Equal pay in the public sector. The Committee notes the statistical information supplied by the Government on public sector employment. The Government acknowledges the existence of the gender pay gap and indicates that progress has been made in promoting equality. The Committee observes that although 61 per cent of all employees are women, the maximum wage paid to men is 112,950 Nicaraguan cordobas (NIO), while for women it is NIO95,760. In addition, the average wage for men is NIO5,682 while for women it is NIO5,124. The Committee requests the Government to continue to provide statistical information and specific information on measures taken to promote an increase in the participation of women in public employment, including in managerial posts, and the impact of such measures in reducing the gender pay gap.

Application in practice. The Committee notes the activities undertaken by the labour inspectorate with a view to ensuring payment of the minimum wage for women workers, and also the training activities undertaken. The Committee requests the Government to indicate whether the inspections undertaken verify that the principle of equal pay for work of equal value, as laid down in the Convention, is applied and what their outcome has been. The Committee also requests the Government to provide statistical information on the participation of women in the private sector and the rates of pay for men and women in both the public and private sectors.

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

Article 2 of the Convention. Application of the principle of equal remuneration for work of equal value. In its previous comments the Committee took note of observations of the Trade Union Unification Confederation (CUS) according to which the Ministry of Labour does not monitor compliance with the principle of equal remuneration for work of equal value and, further, in the health sector women doctors are paid less than their male colleagues. The Committee notes that in its reply, the Government states that the Ministry of Labour fulfils its obligation to oversee women’s rights in accordance with the provision of the law that “men and women shall receive equal remuneration for equal work when their conditions of work are the same”. The Government refers to Wage Regulation Decree No. 19 2007, which regulates the remuneration of public servants of both sexes, on the basis of job complexity, and Act No. 648 on Equal Rights and Opportunities, which lays down the principle of equal pay for equal work in keeping with work experience, academic qualification, level of responsibility and responsibility of the position. The Committee nonetheless points out that in its previous comments it noted that the Regulation to the Act on Equal Rights and Opportunities (Decree No. 29-2010 of 28 June 2010), which applies to the public and the private sectors, refers to the principle of equal pay for work of equal value (section 2) and to equal pay for work of equal value and equality of conditions (section 18). In those comments the Committee asked the Government to provide information on the manner in which the principle was applied in practice. The Committee points out in this connection 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. The principle of the Convention goes beyond equal remuneration for equal work or work done in the same conditions since it also encompasses jobs that are of an entirely different nature, but that are nevertheless of equal value (see General Survey on the fundamental Conventions, 2012, paragraph 673). The Committee asks the Government to take the necessary steps to ensure that the principle of the Convention is applied fully in practice, and to provide information on the implementation and practical effects of the Regulation to the Act on Equal Rights and Opportunities, particularly sections 2 and 18. The Committee will examine this matter and the other issues raised in its previous direct request together with the Government’s regular report due in 2014.

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

The Committee notes the communication from the Confederation of Trade Union Unification from Nicaragua (CUS), dated 30 August 2011.

Article 2 of the Convention. Equal remuneration for men and women for work of equal value. The Committee notes that the regulations to the Equal Rights and Opportunities Act, No. 648 of 28 June 2010, defines (section 2) equality of opportunity as “a general principle applying to all sectors for the remuneration of work of equal value on the basis of the principles of non discrimination on grounds of gender, principally in economic, social, cultural, work and family life”. The Committee asks the Government to indicate how it applies in practice the concept of “equal pay for work of equal value” established in the regulations to the Equal Rights and Opportunities Act and to provide information on its impact in terms of reducing the wage gap between men and women.

Gender indicators. In its previous request, the Committee noted that the Government had set up a system for monitoring pay. The Committee notes the Government’s statement that a system of gender indicators has been established that will affect public policies on equality in employment and occupation at national level. The Committee observes that with regard to the data supplied, the indicators contributed, inter alia, to the increase in pay of 9,178 women in 2009 and of 3,314 women in 2010. The Committee nonetheless observes that the information supplied does not specify the reasons for the wage increases or the criteria applied. It asks the Government to send further information on the application in practice of the system of gender indicators and its impact in terms of reducing the pay gap between men and women.

Equal pay in the public sector. The Committee notes the statistical information supplied by the Government, which shows that in the public sector, women’s remuneration amounts overall to 73 per cent of that of men. The Committee points out in this connection that Article 2 of the Convention requires the Government to apply to all workers the principle of equal remuneration for men and women for work of equal value. The Committee also notes that in its comments, the CUS refers to wage discrimination against women in the public sector, particularly in the public health sector. The Committee, therefore, asks the Government to provide information on the measures taken to reduce the wage differential between men and women in the public sector. It also asks the Government to continue to send statistical information on the remuneration of public sector employees, disaggregated by sex and occupational category, to allow the Committee to ascertain the progress being made in eliminating wage inequality between men and women in the public sector, and particularly in the public health sector.

Objective job evaluation. The Committee again asks the Government to provide information on progress made in promoting objective job evaluation in the private sector, as well as information on the manner in which the Government collaborates with employers’ and workers’ organizations in giving effect to the provisions of the Convention in the public sector and in the private sector.

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

Equal remuneration for men and women for work of equal value. The Committee notes the adoption of Act No. 648 of 12 March 2008 on equal rights and opportunities, section 19(2) of which establishes that employment policies, plans, programmes and projects promoting insertion in the labour market must adopt the approach that women and men shall receive equal remuneration for equal work, in accordance with their occupational experience, academic qualifications and level of responsibility, and also enjoy the corresponding labour rights and social benefits. Section 20 also provides that, in occupations where it is proven that women receive less pay or fewer benefits than men for equal responsibilities and qualifications, the Ministry of Labour must adopt measures to ensure immediate levelling up of pay and equal treatment in the application of the benefits concerned. With reference to its previous comments and the 2006 general observation, the Committee reiterates the importance for the proper application of the principle of the Convention, of the inclusion of the concept of equal value in the national legislation and in any system for determining rates of remuneration, as established by Article 2 of the Convention. The Committee emphasizes that the legislation should not only provide for equal remuneration for work which is equal, the same or similar, but should also prohibit pay discrimination and require equal remuneration where men and women perform work which is entirely different but nevertheless of equal value. Recalling that the principle of the Convention does not contradict the terms of article 82(1) of the Constitution but is simply broader in scope and can be applied by means other than the Constitution, the Committee asks the Government to contemplate incorporating the principle of equal remuneration for work of equal value in the national legislation.

The Committee also notes that Ministerial Accord No. JCHG-003-08, whereby a provision for verifying the observance of women’s rights was included in the technical inspection guide, states that there must be equal pay for men and women workers. The Committee notes the information supplied by the Government in its report on the application of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), stating that a system for monitoring men’s and women’s pay in both the public and private sectors would be established. The Committee asks the Government to supply information on the progress made in the establishment of the pay monitoring system and the results achieved.

Application of the principle in the public sector. The Committee notes that, with the introduction of human resources management systems in the public administration, the basis used is the organizational content of posts measured in terms of competence, problem-solving and responsibility. The Committee asks the Government to supply statistical information on public service pay levels, disaggregated by sex and professional category, so that it can observe the progress made by the Government in rectifying gender pay gaps in the public service.

Other means of applying the principle of the Convention. The Committee notes that section 19(10) of Act No. 648 on equal rights and opportunities establishes that the State shall promote awareness and the establishment of agreements to ensure that collective agreements include clauses promoting equal remuneration. The Committee asks the Government to supply information on the progress made in promoting objective job evaluation in the private sector, including the manner in which the Government cooperates with the employers’ and workers’ organizations concerned for the purpose of giving effect to the provisions of the Convention in the public and private sectors.

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

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

1. Equal remuneration for men and women for work of equal value. In its previous comments, the Committee repeatedly referred to the need to include in the legislation the principle of equal remuneration for work of equal value as set out in the Convention. The Committee notes that, according to the Government’s report, article 82(1) of the Constitution establishes the principle of “equal wages for equal work and under identical conditions” and that the adaptation proposed by the Committee could only be achieved through a reform of the Constitution which is an extremely complex and slow process. The Committee also notes the recognition by the Government of the importance of adopting the necessary measures for the effective inclusion of the principle set out in the Convention in its legislation.

2. The Committee draws the Government’s attention to paragraph 6 of its general observation of 2006 in which it indicated, in relation to countries that still retain legal provisions that are narrower than the principle laid down in the Convention, as they do not give expression to the concept of “work of equal value”, that such provisions hinder progress in eradicating gender-based pay discrimination. It urged the governments of those countries to take the necessary steps to amend their legislation. Such legislation should not only provide for equal remuneration for equal, the same or similar work, but should also prohibit pay discrimination that occurs in situations where men and women perform different work that is nevertheless of equal value.

3. Taking into account the difficulties involved and slowness of a constitutional reform, as well as the requirements of the Convention and the Committee’s general observation, the Committee asks the Government to consider how the principle set out in the Convention can be incorporated into legislative provisions of lower rank than the Constitution. The principle of the Convention is not in contradiction with the terms of article 82(1) of the Constitution, but is broader and can be given effect by means other than the Constitution. Recalling that the concept of work of equal value is the cornerstone of the Convention, the Committee once again invites the Government to reflect this principle fully in law through the means that it considers appropriate with a view to bringing its legislation into conformity with the Convention, and asks it to keep the Committee informed of any progress achieved in this respect.

4. Application of the principle in the public service. The Committee notes that in the public service 59 per cent of positions are occupied by women and the remaining 41 per cent by men. It further notes that through the implementation of the process of classifying posts initiated in 14 government agencies, it may be observed that only 66 women compared with 216 men are in the highest paid positions which, taking into account the fact women are in a majority in the public service, demonstrates the imbalance in their low rate of representation in the highest paid positions. Please provide information on any measure adopted to correct this inequality of representation in the higher wage bands. Please also provide information on any measure adopted with a view to ensuring, when undertaking the evaluation of posts in the public service, that objective job evaluation methods free from gender bias are used so that due value is accorded to functions considered as being “traditionally feminine”, and that the factors for comparison are not inherently discriminatory.

5. Other means of giving effect to the principle set out in the Convention. The Committee invites the Government to promote objective job evaluation  on the basis of the work involved in the private sector and to provide information on this subject. It also requests information on other means of giving effect to the principle set out in the Convention, including information on the manner in which the Government collaborates with employers’ and workers’ organizations with a view to giving effect to the provisions of the Convention in the public and private sectors.

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

1. Equal remuneration for men and women for work of equal value. In its previous comments, the Committee repeatedly referred to the need to include in the legislation the principle of equal remuneration for work of equal value as set out in the Convention. The Committee notes that, according to the Government’s report, article 82(1) of the Constitution establishes the principle of “equal wages for equal work and under identical conditions” and that the adaptation proposed by the Committee could only be achieved through a reform of the Constitution which is an extremely complex and slow process. The Committee also notes the recognition by the Government of the importance of adopting the necessary measures for the effective inclusion of the principle set out in the Convention in its legislation.

2. The Committee draws the Government’s attention to paragraph 6 of its general observation of 2006 in which it indicated, in relation to countries that still retain legal provisions that are narrower than the principle laid down in the Convention, as they do not give expression to the concept of “work of equal value”, that such provisions hinder progress in eradicating gender-based pay discrimination. It urged the governments of those countries to take the necessary steps to amend their legislation. Such legislation should not only provide for equal remuneration for equal, the same or similar work, but should also prohibit pay discrimination that occurs in situations where men and women perform different work that is nevertheless of equal value.

3. Taking into account the difficulties involved and slowness of a constitutional reform, as well as the requirements of the Convention and the Committee’s general observation, the Committee asks the Government to consider how the principle set out in the Convention can be incorporated into legislative provisions of lower rank than the Constitution. The principle of the Convention is not in contradiction with the terms of article 82(1) of the Constitution, but is broader and can be given effect by means other than the Constitution. Recalling that the concept of work of equal value is the cornerstone of the Convention, the Committee once again invites the Government to reflect this principle fully in law through the means that it considers appropriate with a view to bringing its legislation into conformity with the Convention, and asks it to keep the Committee informed of any progress achieved in this respect.

4. Application of the principle in the public service. The Committee notes that in the public service 59 per cent of positions are occupied by women and the remaining 41 per cent by men. It further notes that through the implementation of the process of classifying posts initiated in 14 government agencies, it may be observed that only 66 women compared with 216 men are in the highest paid positions which, taking into account the fact women are in a majority in the public service, demonstrates the imbalance in their low rate of representation in the highest paid positions. Please provide information on any measure adopted to correct this inequality of representation in the higher wage bands. Please also provide information on any measure adopted with a view to ensuring, when undertaking the evaluation of posts in the public service, that objective job evaluation methods free from gender bias are used so that due value is accorded to functions considered as being “traditionally feminine”, and that the factors for comparison are not inherently discriminatory.

5. Other means of giving effect to the principle set out in the Convention. The Committee invites the Government to promote objective job evaluation  on the basis of the work involved in the private sector and to provide information on this subject. It also requests information on other means of giving effect to the principle set out in the Convention, including information on the manner in which the Government collaborates with employers’ and workers’ organizations with a view to giving effect to the provisions of the Convention in the public and private sectors.

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

1. Principle of equal remuneration for work of equal value. The Committee notes the statistics provided by the Government. It also notes that the Government’s report contains no response to the comments made by the Committee in paragraph 1 of its 2003 direct request. The Committee is therefore obliged to reiterate that paragraph, which read as follows:

1. In its previous comments, the Committee drew the attention of the Government to the need to include in the legislation the principle of equal remuneration for men and women workers for work of equal value. The Committee reminds the Government that the manner in which this principle is set out in the Nicaraguan national legislation does not reflect the broader concept set forth in Article 2, paragraph 1, of the Convention. Article 82(1) of the Political Constitution refers to equal wages for equal work under identical conditions, which is a more restricted concept than the "equal value" provided for in the Convention, which also covers different work which may be considered of equal value for the purpose of calculating remuneration. The Committee once again trusts that the Government will consider the possibility of adopting the necessary measures to bring its legislation into conformity with the Convention on this important point.

2. Objective appraisal of jobs and cooperation with employers’ and workers’ organizations. In its previous comments, the Committee expressed the hope that the Government would take the necessary measures to carry out an objective appraisal of jobs as a means of reducing the wage gap between men and women. The Committee notes the Government’s indication in its last report that the monitoring of the methods adopted for determining remuneration within company job structures and the application of salaries regardless of sex for carrying out equal work is very limited, due to budgetary constraints. These make it difficult not only to produce more harmonized responses to the Convention’s provisions, but to broaden the geographical coverage of the inspection system, to ensure its effect in a greater number of companies and to identify the possible irregularities that exist between male and female workers. The Committee also notes the information provided by the Government on the setting of the minimum wage. The Committee notes these difficulties but points out that under Article 3 of the Convention it is the obligation of governments to promote the objective appraisal of jobs and that there are many different ways of carrying out such promotion. Furthermore, Article 4 provides that governments are to cooperate as appropriate with employers’ and workers’ organizations for the purpose of giving effect to the provisions of the Convention. The Committee therefore requests that the Government indicate the methods used for the objective appraisal of jobs in the public sector and hopes that the Government, in cooperation with employers’ and workers’ organizations, will promote the objective appraisal of jobs, through collective agreements for instance, and that it will provide information on any action taken in this respect.

3. The wage gap and the public sector. According to the statistics provided by the Government, the wage gap referred to by the Committee in its previous comments still exists. For instance, the Committee notes that in September 2003 the average central government salary in the services sector was 1,667 córdobas for women and 2,235 córdobas for men and that such a wage gap existed in all the occupational groups of that sector (administrative, technical, professional and managerial). In the managerial group, men were earning 4,381 córdobas in September 2003, whilst women were receiving a salary of 3,596 córdobas. Please indicate the possible reasons for this gap and the measures that have been adopted or proposed to identify and reduce the wage gap in the abovementioned sector which, being public, allows the Government as the employer greater possibilities to apply successfully the principle set forth in the Convention. The Committee, also noting that, under article 31(1) of the new Civil Service and Administrative Careers Act, an equal classification level corresponds to equal remuneration, requests that the Government provide information on the classification of jobs in the public sector, indicating the distribution of men and women in those jobs.

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

The Committee notes the brief information provided in the Government’s report and the accompanying statistics.

1. In its previous comments, the Committee drew the attention of the Government to the need to include in the legislation the principle of equal remuneration for men and women workers for work of equal value. The Committee reminds the Government that the manner in which this principle is set out in the Nicaraguan national legislation does not reflect the broader concept set forth in Article 2, paragraph 1, of the Convention. Article 82(1) of the Political Constitution refers to equal wages for equal work under identical conditions, which is a more restricted concept than the "equal value" provided for in the Convention, which also covers different work which may be considered of equal value for the purpose of calculating remuneration. The Committee once again trusts that the Government will consider the possibility of adopting the necessary measures to bring its legislation into conformity with the Convention on this important point.

2. In its previous comments, the Committee hoped that the Government would take the necessary measures to carry out an objective appraisal of jobs as a means of reducing the wage gap between men and women. The Committee notes the Government’s indication in its last report that it has adopted measures to promote and secure the application of the principle of equal remuneration for men and women workers for work of equal value through legislation covering, among other matters, the determination of wages in accordance with the complexity of occupations and the quantity and quality of the work performed. The Committee asks the Government to provide fuller particulars of these measures and, where appropriate, a copy of the relevant legal provisions.

3. The Committee notes from the statistics provided by the Government that the wage gap between men and women in the private sector is increasing in occupations which require a higher level of qualification (average wages of C$4,224 and C$3,169 for men and women with university qualifications, respectively). The wage gap between men and women workers over 30 years of age is also increasing (men C$3,420 and women C$2,784), and even more so for those over 49 years of age (C$4,333 and C$3,131, respectively). The Committee also notes that, according to the Urban Household Survey of July 2001, there are a total of 5,832 men with an income of over C$10,000 and only 2,292 women in the same wage category in the formal sector. The Committee once again asks the Government to provide information on the measures it is adopting to eliminate direct and indirect wage discrimination on grounds of gender, as well as to secure and, where appropriate promote an increase in the number of women engaged in positions of greater responsibility and who receive the same remuneration as men for work of equal value.

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

The Committee notes the information provided by the Government, including the statistics attached to the report.

1. The Committee has been drawing the attention of the Government in its comments to the fact that the concept of equal remuneration set out in the national legislation is more limited than the principle of equal remuneration for work of equal value laid down in the Convention. The Committee recalls that, although there is no general obligation to enact legislation setting out this principle under the Convention, as it may also be applied by the other methods indicated in Article 2 of the Convention, legislative measures are nevertheless one of the best means of guaranteeing the principle. The Committee asks the Government to indicate the measures through which the Government promotes and ensures the application of the principle of equal remuneration for men and women workers for work of equal value.

2. The Committee notes the statistical data provided. Analysing the data for December 1999 respecting the earnings of central government employees, disaggregated by occupational group by monthly gross income, sex and department, the Committee notes that 75.99 per cent of men engaged in the public sector are in the three lowest income bands (between under 700 and 2,000 córdobas a month), while the number of women workers in the public sector in the above income bands is 84.98 per cent. The number of women in these wage bands corresponds to 63 per cent of all women engaged in the public sector, according to the data provided. Comparing the number of men in the three highest income bands (starting at 6,001 córdobas a month) and women in the same wage group, it can be seen that the percentage of men is 3.9 per cent, while that of women is only 1.7 per cent. The Committee also notes that women teachers represent 18.53 per cent of the women employed in the public sector, and that women engaged in the health services account for 17.25 per cent of all public service workers. The Committee asks the Government to provide information on the measures that it is adopting or envisages to ensure: (1) that women have access to decision-making positions of greater responsibility and higher remuneration; and (2) that the occupational categories in which women are employed are not tied to traditionally feminine work. The Committee also asks the Government, in so far as possible, to provide statistical data disaggregated by sex on the distribution of men and women in the private sector by earnings level.

3. The Committee notes the Government’s statement that it does not have information on job appraisal systems in the private sector and their impact on the determination of remuneration. The Committee hopes that the Government will be in a position to take the necessary measures to undertake an objective appraisal of jobs as a basis for reducing the wage gap between men and women.

4. The Committee asks the Government to provide the fullest possible statistical information, disaggregated by sex, as requested in the general observation of 1998, with a view to facilitating its evaluation of the manner in which the Convention is applied.

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

The Committee recalled in its previous comments that the concept of equal remuneration set out in the national legislation is more limited than the principle of equal remuneration for work of equal value laid down in Article 2 of the Convention and requested information on the application of this principle in practice.

In its latest report, the Government states that "the principle of equal remuneration between the sexes is complied with in so far as the evaluation of work is based upon its complexity".

The Committee requests the Government to provide detailed information in its next report on the job appraisal systems applied in practice in the private sector and their impact on the determination of remuneration.

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

In its previous comments, the Committee had noted that the concept of equal remuneration appearing in the national legislation was narrower than the principle set out in Article 2 of the Convention, and had asked for information on how the principle was being applied in practice. The Committee takes note of the copies of collective agreements fixing wages in the private sector, which it had requested. Nevertheless, it notes that the information supplied does not contain details on the practical application of the principle of equal remuneration for work of equal value, particularly in sectors employing a large number of women. The Committee therefore requests the Government to provide, in its next report, data on the wage gap existing between men and women carrying out work of equal value in the private sector.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

1. The Committee notes with interest the Guide for the preparation of the Descriptive Manual of Jobs in the Public Sector which was completed in 1991, as well as the Catalogue for the classification of jobs. It requests the Government to supply information in its next report on the effect given, in practice, to the Guide and the new Classification, with a view to applying the principle of equal remuneration for men and women workers.

2. The Committee recalls its previous comments on the concept of equal remuneration as set forth in the national legislation, which is more limited than the principle contained in Article 2 of the Convention. The Committee notes the explanations provided to the effect that the application of systems for the objective appraisal of jobs ensures equal remuneration for work of equal value. With a view to being able to verify this wage practice, the Committee once again requests the Government to supply copies of recent collective agreements fixing wages in the private sector, and detailed information on the application in practice of the principle of equal remuneration for work of equal value, particularly in sectors employing a large proportion of women.

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

With reference to its previous direct requests, the Committee notes the information contained in the Government's reports.

1. The Committee had noted that the principle of equal remuneration set forth in article 82(1) of the Political Constitution of 9 January 1987 ("workers shall be entitled to conditions of employment that secure them in particular equal wages for equal work in identical conditions adapted to their social responsibility, without discrimination on political, religious, or social grounds or grounds of sex or any other kind") is more limited than the principle enunciated in Article 2 of the Convention, which refers to equal remuneration for "work of equal value". As the Government repeats its previous statements that "equal work in identical conditions" is the same as the Convention's term of equal remuneration for work of equal value, the Committee would be grateful if the Government would provide further information in its next report on any legislation or judicial decisions defining these terms or clarifying the application of article 82(1) in practice.

2. The Committee notes that the Government is unaware whether the classification of jobs (referred to in the Government's previous reports) was completed, since the Government is unable to find data in this regard. The Committee notes, however, from the Government's report for the period ending 30 June 1990, that a new classification of jobs was being established, initially in the public sector. The Committee requests the Government to provide full information on the methods and criteria used to establish this classification, and to provide a copy of the new job classification and the applicable wage rates.

3. The Committee also would appreciate receiving copies of recent individual contracts or collective agreements fixing wages in the private sector, and detailed information on the application in practice of the principle of equal remuneration for work of equal value, particularly in sectors employing a large proportion of women.

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

1. The Committee notes the Government's reply to its previous comments. It notes the explanations provided concerning the significance of the terms "adapted to their social responsibility" which appear in article 82, paragraph 1 of the Political Constitution of 1987, following the terms "equal wages for equal work in identical conditions". The Committee requests the Government to keep it informed of any development, and in particular any judicial decision that specifies the scope of these terms.

2. In its previous comments, the Committee also pointed out that the principle of equal remuneration, as set out in the Constitution, appears to be narrower in scope than the principle set out in the Convention, which refers to equal remuneration for work "of equal value". (Please see in this connection the explanations given in paragraphs 52 to 70 of the 1986 General Survey on Equal Remuneration.) Nevertheless, the Committee noted that, according to the Government's statements, the reference to equal work in identical conditions is interpreted in practice as applying to work of equal value and that a classification of jobs is being established with the participation of the trade unions concerned based on an appraisal of the jobs.

The Committee once again requests the Government to indicate the progress that has been achieved in this connection and to supply a copy of the new job classification and the wage rates applicable to them. The Committee also requests the Government to provide information on the methods and criteria used to establish this new classification, and on how the application of the principle of equal remuneration for work of equal value is ensured in practice for wages that are higher than the minimum rate, such as wages fixed by individual contracts or collective agreements, particularly in sectors employing a large proportion of women, including the public administration. Please also supply copies of some of the most recent collective agreements.