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

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

Previous comment

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

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

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

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

Previous comment

Articles 1 and 2(2)(a) of the Convention. Definition of remuneration and work of equal value. Legislation. The Committee notes that the Government is examining amendments to the Labour Code and will take account of the Committee’s previous comments on: (i) the introduction of a concept of “remuneration” that, with a view to the application of the principle of equal remuneration for men and women for work of equal value, includes all the elements in Article 1(a) of the Convention; (ii) the amendment of section 2 of the Labour Code so as to give full effect to the expression of the principle of equal remuneration for men and women for work of “equal value”, as the current formulation is more restrictive than that of the Convention. The Committee hopes that the legislative reforms mentioned will be carried out in the near future and trusts that the comments that it has been making for several years will be taken fully into account. The Committee requests the Government to provide information on progress achieved in this respect.

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. Evaluation of the gender pay gap. In its previous comments, the Committee requested the Government to provide statistical information on the remuneration rates of men and women, by occupational category and in all sectors of economic activity, disaggregated by sex. In its report, the Government indicates that, in 2016, 36.25 per cent of persons in employment were women and the unemployment rate was 2.2 per cent. The Government also reports that women are mostly employed in sectors with higher wages such as health, education, judges and public prosecutors. The Committee notes that, in its report, the Government has not provided more detailed statistical information on the remuneration rates of men and women, by occupational category, or by economic sector, nor on the wage scales applicable to the different categories. In this regard, it notes that, in its 2018 annual report, the Inter-American Commission on Human Rights (IACHR) regretted the limited official information available and encouraged the State to produce, in a regular manner, comprehensive statistics on discrimination against women and information disaggregated by sex, age, race, ethnicity, socio-economic status, disability status, sexual orientation and gender identity (Cuba: 2018 Annual Report, Chapter IV.B, 21 March 2019). With a view to determining the gender pay gap in the country and its evolution, the Committee urges the Government to provide statistical information on the remuneration rates of men and women by occupational category and in all sectors of economic activity.

Article 3. Objective job evaluation. The Committee previously requested the Government to provide information on how the system of job descriptors is implemented, in practice, together with specific examples of objective job evaluations conducted in various enterprises or sectors. In this regard, the Government indicates that: (1) to implement job descriptors, each organization draws up a list of jobs in each unit in order to determine wages, using criteria such as the complexity of the work, the job level and requirements for occupying the position; (2) the job descriptors make it possible to determine the different jobs that are included in the same complexity group and that correspond to the current job classification; and (3) for example, for technical jobs, there is a common descriptor approved by ministerial decision. The Committee recalls that, whatever methods are used for the objective evaluation of jobs, particular care must be taken to ensure that they are free from gender bias: it is important to ensure that the selection of factors for comparison, the weighting of such factors and the actual comparison carried out are not discriminatory, either directly or indirectly. Often skills considered to be “female”, such as manual dexterity and those required in the caring professions, are undervalued or even overlooked, in comparison with traditionally “male” skills, such as heavy lifting (see General Survey of 2012 on the fundamental Conventions, paragraphs 700–703). With a view to assessing whether the mechanisms implemented at national level apply the principle of the Convention, the Committee asks the Government to provide information on: (i) how the system of job descriptors is applied, in practice, both in the public and private sectors, together with specific examples of objective job evaluations conducted in various enterprises or sectors; and (ii) the measures adopted to enable workers to assert their right to equal remuneration on the basis of an evaluation of the value of their work, together with the right of recourse when it is demonstrated that the job evaluation systems are discriminatory.

Labour inspection. In its previous comments, the Committee requested the Government to provide specific information on the type of training provided to labour inspectors, particularly regarding the principle of equal remuneration for men and women for work of equal value. In this regard, the Government reports that in 2017, monthly training was provided to labour inspectors on new legal provisions, the Labour Code, wage standards and wage equality. The Committee requests the Government to continue providing specific information on the type of training provided to labour inspectors, particularly regarding the principle of equal remuneration for men and women for work of equal value, and the number of complaints that have been dealt with in relation to allegations of wage discrimination between men and women for work of equal value.

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 requested the Government to take the necessary steps to complete the definition of remuneration set out in the Labour Code to align it with Article 1(a) of the Convention, in order to ensure that the principle of equal remuneration for men and women for work of equal value applies not only to the wage but also to 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 . The Government indicates in its report that there have been no legislative reforms on these issues. With reference to the Labour Code (Act No. 116 of 20 December 2013), the Government indicates that: (i) section 2 provides that work shall be remunerated in accordance with its quality and quantity; (ii) section 3 provides for equality between men and women; (iii) section 109 provides that payments considered to be wages shall be paid in cash, which excludes payment in kind or services; (iv) sections 124 and 125 establish other payments that are not considered to be wages as they are not related to the quantity and quality of the work carried out; and (v) section 125 provides that short-term benefits, such as benefits for illness, accident or maternity leave, do not constitute wages because they are paid by the State budget. The Committee recalls that a broad definition of remuneration is necessary due to the fact that 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 (see General Survey of 2012 on the fundamental Conventions, paragraphs 686 and 687). In this regard, the Committee once again requests the Government to take the necessary steps to establish a sufficiently broad definition of remuneration, required by Article 1(a) of the Convention in order to ensure that the principle of equal remuneration for men and women for work of equal value applies not only to the wage but also to 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. The Committee requests the Government to provide information on progress made in this regard.

Article 1(b). Work of equal value. Legislation. In its previous comments, the Committee requested the Government to take the necessary measures to amend section 2(c) of the Labour Code, which provides that “work shall be remunerated without any form of discrimination in accordance with the products and services it generates, quality and the time actually worked, and shall be governed by the principle of socialist distribution of each according to his or her ability and each according to his or her work”, in order to give full expression to the principle of equal remuneration for men and women for work of equal value. In that regard, the Government indicates that jobs that give preference to men or to women do not exist in Cuba and that the basic wage is applied equally, so that differentiated wage scales are not required. It adds that women therefore enjoy full equality, and legislative reform is not justified. Furthermore, the Government indicates that women know their employment and social security rights. In that regard, the Committee observes that section 2(c) of the Labour Code contains a narrower definition than the principle set out in the Convention, as do the provisions of article 4 of the new Constitution (adopted in 2019) which sets out the principle of “each according to his or her capacity and each according to his or her work”. Article 65 of the Constitution defines remuneration as being in accordance with the quality and quantity of the work and provided in relation to the requirements of the economy and of society, the choice of the worker and his or her skills and ability. In addition, equality between men and women is guaranteed under articles 41, 42, 43 and 44 of the Constitution. The Committee notes that neither the Labour Code nor the Constitution include the concept of “equal value”, which would make it possible to compare jobs that, notwithstanding their differences, are of equal value. Similarly, it notes that the Committee on the Elimination of Discrimination against Women (CEDAW) of the United Nations observed with concern that the Code does not contain any provision on the principle of equal pay for work of equal value (CEDAW/C/CUB/CO/7-8, paragraphs 32 and 33(a) and (c)). In this regard, 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. This concept is fundamental to tackling occupational sex segregation in the labour market, as it permits a broad scope of comparison, including, but going beyond equal remuneration for “equal”, “the same” or “similar” work, and also encompasses work that is of an entirely different nature, which is nevertheless of equal value (see General Survey of 2012 on the fundamental Conventions, paragraphs 672–675). The Committee recalls that it is essential to acknowledge that no society is free from discrimination and, in particular, that occupational sex segregation in the labour market is a problem that affects almost all countries. The Committee once again requests the Government to: (i) adopt the necessary measures to amend section 2(c) of the Labour Code, so as to give full expression to the principle of equal remuneration for men and women for work of equal value set forth in Article 1(b) of the Convention; and (ii) provide information on all measures adopted to this end.

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. Evaluation of the gender pay gap. In its previous comments, the Committee requested the Government to provide statistical information on the wage scales applying to the different categories of operators, technicians and administrators, and on the distribution of men and women across the various wage scale groups. The Committee notes the information supplied by the Government in its report, to the effect that in 2013, women accounted for 16.32 per cent of operators, 60.49 per cent of technicians, 65.28 per cent of administrators, 65.78 per cent of service personnel and 33.62 per cent of managers. The Committee further notes that, according to the Government, the sectors with the highest participation of women in 2013 were: community, social and personal services (53.35 per cent); commerce, restaurants and hotels (40.76 per cent) and finance, insurance, real estate and services to businesses (49.70 per cent). The sectors where women were the least represented were: electricity, water and gas (2.53 per cent); construction (13.50 per cent); and mining and quarrying (20.60 per cent). With regard to the level of education of persons in employment, the Government reports that in 2013, 16.87 per cent of workers with primary school level or less were women, 2.64 per cent had secondary school level, 38.47 per cent had a middle school or higher level and 56.07 per cent had higher level education. The Committee, nonetheless, observes that the Government provides no information on the wage scales applying to the different categories. To enable it to ascertain the gender pay gap in Cuba and follow developments in wage differentials, the Committee requests the Government to provide statistical information on the rates of remuneration of men and women according to occupational category and in all sectors of economic activity, disaggregated by sex.

Article 3. Objective job appraisal. In its previous comments, the Committee requested the Government to provide information on how job descriptors are applied in practice and to give specific examples of objective job evaluations. The Committee notes that on the subject of job descriptors, the Government refers to section 126 of the implementing regulations of the new Labour Code (Decree No. 326 of 12 June 2014), which sets out the different elements making up the wage system, such as wage scales, minimum wage and post descriptors. According to the same provision, the post descriptor contains “the name, complexity group of the scale, formal qualification requirements and level of use, where appropriate”. The Government indicates that in compiling the post descriptors, objective methods for evaluating the tasks are used and they apply to all workers without discrimination. The Committee, nonetheless, observes that the Government has still not provided information on the application, in practice, of the job descriptors, nor does it indicate whether different jobs have been included in the same complexity group or provide specific examples of objective job evaluations carried out in practice. To enable it to ascertain whether the mechanisms implemented at national level apply the principle of the Convention, the Committee once again asks the Government to send information on how the system of job descriptors is applied, in practice, together with specific examples of objective job evaluations conducted in various enterprises or sectors.

Labour inspection. The Committee notes that the Government reports that labour inspectors receive training to enable them to detect violations of workers’ rights, including offences against the provisions on wages and the principle of equal remuneration. The Committee requests the Government to provide specific information on the type of training offered to labour inspectors, particularly regarding the principle of equal remuneration for men and women for work of equal value.

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

Article 1(a) of the Convention. Definition of remuneration. Legislation. The Committee notes that section 109 of the new Labour Code (Act No. 116 of 20 December 2013) defines wages as the “monetary remuneration paid by the employer to the worker having regard to the quality and quantity of the work performed and the actual hours worked and which includes amounts payable under performance-based or time based pay systems, additional pay, overtime, pay on national commemoration days and holidays, paid leave from work, paid annual holidays and other elements provided for in the legislation”. Section 124 places on the employer an obligation to provide transport, food and board or, as the case may be, bear the costs of food and board when workers are sent to other workplaces. Section 125 establishes that what the worker has received in the form of allowances, travel expenses, social security benefits, hiring of equipment, tools and resources contributed by the worker and other elements defined by law shall not be treated as wages. The Committee notes that, while the above sections cover a wide range of monetary payments, there remains a possibility that other rewards might be provided that fall outside those definitions. The Committee therefore observes that in the new Labour Code there is no definition of remuneration as comprehensive as the one provided for in Article 1(a) of the Convention which, as well as the ordinary, basic or minimum wage or salary includes any additional emoluments payable directly or indirectly, whether in cash or in kind, by the employer to the worker and arising out of the worker’s employment. The Committee recalls that the reason underlying such a broad definition of remuneration is that it eliminates the risk that all things that 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 (see 2012 General Survey on the fundamental Conventions, paragraphs 686–687). The Committee requests the Government to take the necessary steps to complete the definition of remuneration set out in the Labour Code to align it with Article 1(a) of the Convention, in order to ensure that the principle of equal remuneration for men and women for work of equal value applies not only to the wage but also to 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. The Committee requests the Government to provide information on progress made in this regard.

Article 1(b). Work of equal value. Legislation. The Committee notes that section 2(c) of the Labour Code provides that “work shall be remunerated without any form of discrimination in accordance with the products and services it generates, its quality and the time actually worked, and shall be governed by the principle of socialist distribution of each according to his or her ability and each according to his or her work”. The Committee observes that this provision is narrower than the one laid down in the Convention since it does not include the concept of “equal value” which would allow a comparison between jobs that are different yet nonetheless of equal value. The Committee recalls 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. This concept 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 but nevertheless of equal value (see 2012 General Survey, paragraphs 672–675). The Committee requests the Government to take the necessary measures to amend section 2(c) of the Labour Code so as to give full expression to the principle of equal remuneration for men and women for work of equal value set forth in Article 1(b) of the Convention. The Committee requests the Government to provide information on all measures taken to this end.

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 2 of the Convention. Application of the principle of equal remuneration for work of equal value. The Committee notes the Government’s statement that according to the General Regulation on the Organization of Wages (Resolution No. 27/2006), the fundamental elements of the wage system are: scale of complexity, job descriptors, wage rates, additional payments, and payment forms and systems (section 8). The Government states that the job descriptors pertain to title, content, technical and professional requirements and relevant group of the complexity scale. The Government indicates that in establishing the job descriptors objective evaluation methods were used allowing the complexity of jobs to be assessed and their characteristics and requirements to be determined. According to the Government, these elements of the wage system apply to all workers without discrimination. The Committee nonetheless observes that the Government provides no information on how the job descriptors are applied in practice, nor does it indicate whether different jobs have been included in the same complexity group. Furthermore, it provides no specific examples of objective job evaluations carried out in practice that would enable the Committee to assess whether or not the system is in keeping with the principle of the Convention. The Committee points out that the concept of “equal value” requires some method of measuring and comparing the relative value of different jobs that involves an examination of the tasks performed, to be undertaken on the basis of entirely objective and non-discriminatory criteria so as to avoid the assessment being tainted by gender bias. Comparison is not limited to the same establishment or enterprise. It is broader in scope, covering jobs performed by men and women in different places or enterprises, or between different employers. Given the continued prevalence of gender-based occupational segregation, ensuring a broad scope of comparison is essential for the application of the principle of equal remuneration (see General Survey on the fundamental Conventions, 2012, paragraphs 695 and 697). So that it can ascertain whether the mechanisms implemented in the country apply the principle of the Convention, the Committee again asks the Government to provide information on the manner in which the system of job descriptors is applied together with specific examples of objective job evaluations conducted in various enterprises or sectors.

Statistical information. The Committee notes that according to the information supplied by the Government, out of a total of 1,900,300 women workers, 323,500 are operators, 875,500 are technicians, 150,000 are administrators, 435,400 work in services and 115,900 are managers. The Committee also notes that out of a total of 3,084,200 male workers, 1,438,400 are operators, 659,200 are technicians, 118,700 are administrators, 647,200 work in services and 220,700 are managers. The Committee observes that according to these figures, the participation rate of women in the labour market is on average 40 per cent lower than that of men. It further notes that, according to the Government, there is no information on the wage scales applying to the various categories mentioned or on the distribution of men and women in the various wage scale groups. The Committee points out that without statistical information on the average remuneration of men and women in the different sectors, it cannot properly assess the application of the Convention’s principle. Information disaggregated by sex and by sector would allow a comparison of remuneration between sectors where labour is predominately male and those which traditionally employ women, which would indicate whether or not there is a remuneration gap. The Committee points out that appropriate data and statistics are crucial in determining the nature, extent and causes of discrimination and unequal remuneration, in order to set priorities and design appropriate measures, to monitor the impact of such measures, and make any necessary adjustments (see General Survey, 2012, paragraph 891). The Committee requests the Government to take the necessary steps to secure the collection of statistical information, in particular on the distribution of men and women in the various sectors and occupational categories, the wage groups to which they belong and their distribution in each group of the wage scale.

Labour inspection. The Committee notes that according to the Government, the National Labour Inspection Office has detected no infringements linked to the application of the Convention. The Committee points out that the absence of complaints or claims can reflect the lack of an appropriate legal framework, lack of awareness of rights, lack of confidence in or absence of practical access to procedures, or fear of reprisals. In this connection, the Committee draws attention to the importance of training for labour inspectors that builds their capacity to prevent, detect and address issues relating to discrimination in employment. The Committee requests the Government to indicate the measures implemented to train and raise awareness among labour inspectors about discrimination in employment and occupation, and particularly the principle of the Convention.

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

Article 1 of the Convention. Work of equal value. For a number of years, the Committee has been referring to the fact that section 99 of the 1984 Labour Code provides that workers shall receive equal pay for equal work without distinction whatsoever, including on the basis of sex, and that it is narrower than the principle established in the Convention. The Committee notes that the Government repeats that the established criteria are still in force, that the legislation covers gender equality and that the provisions of the Convention are applied in practice. The Government also states that in order to promote the principle of the Convention there are education and training programmes for judges, lawyers and law enforcement personnel. Furthermore, the National Union of Jurists of Cuba and the Federation of Cuban Women signed a joint work agreement for the provision of courses for legal practitioners and members of multidisciplinary teams; for the approval of a postgraduate course on gender and the law and for the inclusion of a module on the subject in the Gender Studies Master’s Degree of the Women’s Chair of the University of Havana. While noting this information, the Committee nevertheless points out in this connection that the concept of “work of equal value” is at the core of the fundamental right of equal remuneration for men and women for work of equal value, and the promotion of gender equality. Legislation that contains narrower provisions hinders progress in eradicating gender-based pay discrimination (see General Survey on the fundamental Conventions concerning rights at work, 2012, paragraphs 673 and 679). The Committee asks the Government to give full legislative expression to the principle of equal remuneration for work of equal value so that it covers not only situations where men and women perform the same work but also encompasses work that is of an entirely different nature, which is nevertheless of equal value. Please continue to provide information on the measures adopted to raise awareness of the principle of the Convention.

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

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

Article 2 of the Convention. Application of the principle of equal remuneration for work of equal value in practice. The Committee notes the Government’s indication that one of the ways in which the application of the principle is guaranteed consists of the post classification criteria drawn up by the Central Administration of the State and approved by the Ministry of Labour and Social Security. The classification criteria take account of the following factors: the duties performed in the posts concerned; knowledge requirements; title of the posts; level of use of the posts and the salary scale group proposed for each post. Moreover, the Ministry of Labour and Social Security undertakes conciliation in the event of disputes concerning the application of the principle of the Convention. The Committee observes that the Government does not refer to the application of the General Regulations concerning salary structures (Resolution No. 27/06) referred to in its previous comments. The Committee asks the Government to indicate the relationship that exists between the post classification criteria drawn up by the Central Administration and the General Regulations concerning salary structures. The Committee also asks the Government to provide detailed information on the criteria used in the application of the regulations to ensure that full effect is given to the principle of “equal remuneration for work of equal value”, by means of objective evaluation methods. The Committee asks the Government to provide specific examples of the application of post classification criteria and of separate work which has been included in the same group on the scale of complexity.

Observing that the Government has not sent any further information on its other previous comments, the Committee asks the Government as follows:

• (i) to provide information on the distribution of men and women in the various occupational sectors and categories, also including information on the salary groups to which they belong;
• (ii) to provide statistical information on the distribution of men and women in the various groups on the pay scale;
• (iii) in conformity with Part V of the report form, to provide extracts from reports of the inspection services, including information on the number and nature of reported infringements and any other details relating to the application of the Convention in practice.

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

Article 1 of the Convention. Work of equal value and legislation. The Committee has been referring for a number of years to the fact that section 99 of the Labour Code of 1984 provides that workers receive equal pay for equal work without any distinction whatsoever, especially on the basis of sex, and that this is more restrictive than the principle established in the Convention, since it does not reflect the concept of “equal remuneration for work of equal value”. The Committee recalls the need for the legislation to reflect the principle of the Convention since legal provisions that are narrower in scope are likely to hinder progress in eradicating gender-based pay discrimination against women. Noting that the Government’s report does not contain any additional information in this respect, the Committee again asks the Government to establish in its legislation the principle of equal remuneration for work of equal value and to provide information on any developments in this regard. The Committee also asks the Government to send information on the measures taken or contemplated to promote understanding of the principle of the Convention and to strengthen the capacity of all the parties concerned to identify, detect and address violations of this principle.

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

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

Article 1 of the Convention. Work of equal value and legislation. The Committee refers to its previous comments, in which, noting that, according to the Government’s report, the expression “equal pay for equal work” is applied in practice in the same way as the expression “equal remuneration for work of equal value”, the Committee emphasized the need for the legislation to give full expression to the principle of the Convention. The Committee notes that the Government once again indicates that the relevant legislation is interpreted and applied in practice in accordance with the Convention. The Committee also notes that, according to the Government’s report, there have been no complaints in this regard. However, the Committee wishes to stress that legal provisions that are narrower in scope than the principle laid down in the Convention may hinder progress in eradicating gender-based pay discrimination against women. The Committee once again draws the Government’s attention to its 2006 general observation on the Convention, in which, precisely on the basis of these considerations, it urged governments to take the necessary steps to amend their legislation with a view to expressly prohibiting pay discrimination that occurs in situations where men and women perform different work that is nevertheless of equal value. The Committee once again asks the Government to enshrine in its legislation the principle of equal remuneration for work of equal value and to provide information on any developments in this regard. The Committee also asks the Government to provide information on the steps taken or envisaged to promote understanding of the principle of the Convention and to strengthen the capacity of all relevant actors to point out, detect and deal with cases of violations of this principle.

Article 2. Application of the principle of equal remuneration for work of equal value in practice. The Committee recalls that Resolution No. 27/06 issued the general regulations on wage structures and established a scale of complexity common to all occupational categories, in which different jobs are classified in various groups according to content and the qualifications required. According to the provisions of these regulations, a single wage rate shall apply to each group on the scale of complexity. Noting that, according to the provisions of section 4 of these regulations, this wage system is governed, inter alia, by the principle of “ensuring equal pay for equal work”, the Committee asks the Government to provide detailed information on the criteria used to ensure that, in defining the various groups on the scale of complexity, full effect is given to the principle of equal remuneration for “work of equal value”, by means of methods of objective job evaluation. Please also provide examples of different jobs which have been included in the same group on the scale of complexity.

With regard to its request for information on the number of men and women at each wage level in the education and health sectors, the Committee notes that, according to the statistics provided by the Government, in 2008, women occupied 49.51 per cent of managerial posts in education and 49.48 per cent of managerial posts in the health sector. The Committee also observes that around 77 per cent of administrative posts in the two sectors were occupied by women. The Committee would be grateful if the Government would continue providing information on the distribution of men and women in the various sectors and occupational categories, including information on the corresponding wage levels to which they belong.

With regard to the single wage scale established by Resolution No. 30 of 2005, the Committee notes that, according to the Government’s indications in its report, in 2008, a sample study was carried out in various sectors with the aim of identifying the distribution of workers according to wage scale, occupational category and sex. The Committee notes that, according to the statistics provided by the Government, in the education sector, women represent 66.7 per cent of workers in the group with the highest wage rate (XXII), while in light industry and in information technology and communication, there are no women in this group and the percentage of women in the higher wage groups is generally lower than in the lower wage groups. The Committee asks the Government to continue providing statistics on the distribution of men and women in the various wage scale groups. The Committee also refers to its comments on the application of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111).

Part V of the report form. Statistics. The Committee notes that the Statistical Yearbook for 2008 has still not been published. The Committee hopes that the Government will provide the statistics requested in its next report.

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

1. Article 1 of the Convention. Work of equal value and legislation. In its previous direct request, the Committee noted that, according to the Government’s report, the expression “equal pay for equal work” is applied in practice in the same way as the expression “equal remuneration for work of equal value”. The Committee expressed the hope once again that the Government would consider the possibility of amending its legislation. The Committee draws the Government’s attention to its 2006 general observation on the Convention which, in the light of experience in the application of the Convention, emphasizes the relevance and need for legislation to give full expression to the principle of the Convention. Paragraph 6 of the general observation reads as follows: “Noting that several countries still retain legal provisions that are narrower than the principle as laid down in the Convention, as they do not give expression to the concept of ‘work of equal value’, and that such provisions hinder progress in eradicating gender-based pay discrimination against women at work, the Committee urges 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 also prohibit pay discrimination that occurs in situations where men and women perform different work that is nevertheless of equal value.” Consequently, the Committee again asks the Government to enshrine in its legislation the principle of equal remuneration for work of equal value and to keep it informed in this respect.

2. Application in practice. With reference to its previous comment, in which the Committee requested the Government to supply information on the practical application of the principle of the Convention, the Committee notes that, according to the Government, the general regulations on wage structures establish a scale of complexity of work in which an individual group in the scale includes different jobs defined according to complexity, content and qualifications. It also indicates that although sectors exist in which women are in the majority (72 per cent in education, 70 per cent in health), this does not mean that these jobs are undervalued, and the abovementioned percentages include work done by teachers and high-level specialists. The Government also indicates that women occupy 60 per cent of managerial posts in the judiciary at national level, 66.6 per cent of all technicians and professionals, 48.9 per cent of researchers and 51.2 per cent of workers in the scientific sector. Noting that approximately 70 per cent of posts in education and health are occupied by women, the Committee asks the Government to indicate the number of women and men at each wage level in these sectors.

3. The Committee notes that resolution No. 30 of 25 November 2005, of the Ministry of Labour and Social Security establishes a single scale for occupational categories. The Government states that by referring to different work in different groups, this gives expression to the concept of “equal remuneration for work of equal value” since it establishes a single scale. The scale covers 22 groups, with wages ranging from 225 pesos for Group I to 650 pesos for Group XXII. The Committee asks the Government to indicate the distribution of men and women in each group covered in the scale and also the total percentage of wages for each group, disaggregated by sex.

4. Statistics. With reference to its request in paragraph 1 of its direct request of 2003 that the Government should supply statistical information disaggregated by sex and that information should include not just the minimum wage but also the emoluments referred to in Article 1(a) of the Convention, the Committee notes the statement in the report that, as from 2008, the national statistical system will present information on wages in the form requested. The Committee welcomes that the instruments for the collection of information by the National Statistical Office were revised in order to be able to collect the appropriate statistics needed under the Convention and hopes that the Government will be in a position to supply the requested statistical information in its next report.

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

1. Statistical information and the wage gap. In its 2003 comments, the Committee noted that the national statistical system was working on the inclusion of wages disaggregated by sex. In its 2005 report, the Government reproduces this information and indicates that there were no contraventions reported relating to the application of the principle of equality of remuneration for men and women workers for work of equal value. The Committee notes however that, without the statistical information referred to in the general observation of 1998 and in particular without information on the average remuneration of men and women in the different sectors, it is not in a position accurately to assess the application of the principle of the Convention. In effect, information disaggregated by sex and by sectors would allow for a comparison of remuneration between those mainly male sectors and sectors where women have traditionally worked, such as health and education, which would make it possible to determine whether a wage gap exists or not. As the Committee has already pointed out, to ensure equality of remuneration in a mainly female branch of activity, it is necessary periodically to refer to a point of comparison removed from the enterprise or establishment in question. The fact that a certain number of men work in traditionally female sectors, alongside a high number of women, does not in any way mean that there is no objective discrimination with regard to remuneration. For this reason, the Committee reiterates its request to the Government that it provide the statistical information disaggregated by sex requested in its previous request and that this information should include not just the minimum wage but also the emoluments referred to in Article 1(a) of the Convention.

2. Work of equal value. The Committee notes that, according to the Government’s report, the expression "equal pay for equal work" is applied in practice in the same way as the expression "equal remuneration for work of equal value". In this regard, the Committee notes that there are two substantial differences in comparison with the Convention: the concepts of "work of equal value" and of "remuneration" employed in the Convention are wider than the concepts of "equal work" and "pay" used in Cuban law. As to the expression "work of equal value", the Convention requires the use of the "value" of the work as a point of comparison, and therefore inevitably broadens the elements to be taken into consideration, based on equal value, in relation to work which is of a different nature and which cannot, therefore, be considered to be equal work. This distinction is important in relation to sectors in which mainly women are hired and in which the work they do is in many cases undervalued on the basis of stereotypes related to gender. In this respect, the Committee would be grateful if the Government would continue to provide information on how it ensures the application of the principle of the Convention in practice, and reiterates its hope that the Government will consider amending its legislation so as to give full effect to the principle of equal remuneration for men and women for work of equal value. With regard to the concept of remuneration, Article 1(a) of the Convention includes, alongside remuneration, "any additional emoluments whatsoever payable directly or indirectly, whether in cash or in kind, by the employer to the worker". The Committee asks the Government to provide information on the different pay-related benefits existing in the public sector and to provide information on the remuneration, both basic and including emoluments, received in practice by men and women in the abovementioned sector.

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

1. The Committee notes the information provided by the Government in its report indicating that the national statistical system is working on the inclusion of wages disaggregated by sex. The Committee once again reminds the Government that statistics are valuable in assessing the manner in which the principle of equal remuneration is applied in practice. The Committee hopes that the Government will be able to provide with its next report the following statistics on wages disaggregated by sex: (i) the distribution of men and women at the various wage levels in the different occupational categories for which wage scales are established by resolution No. 476 of 1980; (ii) statistics on minimum wage rates and average earnings for men and women, where possible disaggregated by occupation, economic sector, seniority and skill level, with an indication of the corresponding percentages of women; and (iii) information on the measures adopted to supervise equality of remuneration for men and women workers for work of equal value.

2. With reference to its previous comments, the Committee reminds the Government that the principle of equal pay for men and women workers, as set out in section 99 of the Labour Code, refers to "equal work". The Convention requires the use of the "value" of the work as a point of comparison, and therefore inevitably broadens the elements to be taken into consideration, based on equal value, in relation to work which is of a different nature and which cannot, therefore, be considered to be equal work. This distinction is important in relation to sectors in which mainly women are hired and in which the work they do is in many cases undervalued on the basis of stereotypes related to gender. The Committee would be grateful if the Government would envisage the possibility of amending its legislation so as to give full effect to the principle of equal remuneration for men and women workers for work of equal value.

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

The Committee asks the Government to provide information in its next report on the following: (i) the distribution of men and women at the various wage levels in the different occupational categories for which wage scales are established by Resolution No. 476 of 1980; (ii) statistics on minimum wage rates and average earnings for men and women, where possible disaggregated by occupation, economic sector, seniority and skill level, with an indication of the corresponding percentage of women; and (iii) information on the measures adopted to supervise the principle of equal remuneration for work of equal value for men and women workers.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

1.  The Committee notes the information contained in the Government’s report. It notes with interest that in 1999, in the education, public health and social welfare sectors where women predominate, the average monthly salary ranges between 245 and 248 pesos, compared to the national average monthly salary of 221 pesos. The Government further states that the average monthly salary in sectors where women do not predominate is 215 pesos. The Committee also notes from the report that women make up 66.1 per cent of technicians and professionals who, due to the complexity of the work they perform, earn higher salaries than other workers.

2.  The Government indicates that the principle of the Convention is applied in practice in Cuba and that workers are placed in a professional grade or salary group on the basis of the job performed, its complexity and the qualifications required, without any discrimination on the ground of sex. The Government indicates that the variable part of the worker’s salary is fixed according to objective factors, such as output, the time worked, the conditions in which the job is performed and the results achieved. In order to enable the Committee adequately to assess the practical application of the principle of equal remuneration, it requests that the Government supply with its next report:

(i)  for the different jobs and occupations, for which the wage scales are established by Resolution No. 476 of 1980, details of the distribution of men and women at the various wage levels;

(ii)  statistics on the minimum wage rates and average earnings of men and women, if possible by occupation, sector of the economy, seniority and qualification level, with an indication of the corresponding percentages of women employed; and

(iii)  information on the measures taken to monitor the equality of wages between men and women.

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

The Committee notes the Government's report and the information it contains in reply to its previous direct request.

1. The Committee noted previously that under section 99 of the 1984 Labour Code, workers received equal pay for equal work without discrimination, inter alia, on grounds of sex. It recalled that the principle of equal remuneration laid down in Article 2, paragraph 1, of the Convention has to be understood as being work of "equal value". The Committee notes that the Constitution of 1992 reasserts the principle of equal pay for equal work set out in the Labour Code and that, according to the Government, such equality is applied in practice for work of equal value, by means of the methodology used for appraising jobs and without any distinction between men and women workers. The Committee asks the Government to indicate in its next report the measures which it plans to take in order to bring the legislation into line with practice and with the Convention.

2. The Committee also notes the information on the wage system, the methods for appraising jobs (by means of points and comparison) and their application. The Committee also notes the text of Resolution No. 476 of 1 July 1980 establishing the wage scales and the corresponding rates for each occupational category. With regard to the wage statistics sent by the Government, the Committee regrets that the two tables do not indicate actual earnings in the public sector and the distribution of men and women employed at different levels; nor do they indicate the actual earnings of men and of women in the various sectors of activity and at different levels. The Committee recalls that such statistics are useful to it in evaluating how the principle of equal remuneration laid down in laws and regulations is applied in practice. It hopes that, in its next report, the Government will be able to provide such data (average actual earnings of men and women broken down, if possible, by occupation, sector of activity, seniority and level of qualifications, as well as information on the corresponding percentage of women.)

3. In addition, the Committee would be grateful if the Government would supply information on the measures taken to ensure supervision of the implementation of the provisions regulating equality of remuneration and, in particular, the activities of the labour inspectorate (infringements recorded, penalties imposed) and on court decisions.

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

1. The Committee notes that, by virtue of section 99 of the 1984 Labour Code, workers receive equal pay for equal work without discrimination, inter alia, on grounds of sex. With reference to the explanations contained in paragraphs 19 to 21 and 44 to 65 of its 1986 General Survey on Equal Remuneration, the Committee points out that, in accordance with the Convention, the principle of equal remuneration has to be understood as being for work of equal value. It requests the Government to indicate in its next report the manner in which the application of the Convention is guaranteed for men and women workers performing work that is different but of equal value.

2. The Committee notes, according to the last report, that the statistical services are continuing to endeavour to improve the data systems on earnings. The Committee would be grateful if the Government would supply in its next report:

(i) the salary scales applicable in the public service, with information on the distribution of men and women at the various levels;

(ii) the texts of provisions fixing wage levels in the various sectors, with information, if possible, on the percentage of women covered by these measures and the distribution of men and women at the various levels;

(iii) statistics on wage rates and average earnings for men and women, if possible by occupation, sector, seniority and skill level, as well as information on the corresponding percentage for women.