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

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

Articles 1(b) and 2(2)(a) of the Convention. Equal remuneration for men and women for work of equal value. Legislation. The Committee recalls that the principle of equal remuneration between men and women for work of equal value is not expressly provided for in Law No. 40 of 1981 on gender equality in the labour market, but, according to the Government, it can be considered implicitly covered by this legislation in that the Law requires the adoption of common criteria for women and men under the job classification systems used to determine remuneration rates. The Committee also recalls that the Government previously indicated that Law No. 40 of 1981 must be read together with article 15 (equal pay) of Law No. 7 of 1961, which provides that women workers shall receive the same remuneration as men for the same work performed. The Committee reiterates that such a provision is narrower that the principle of the Convention because the concept of “work of equal value” permits a broad scope of comparison, including but going beyond equal remuneration for “equal”, “the same” or “similar” work, and also encompasses work that is of an entirely different nature, which is nevertheless of equal value (see 2012 General Survey on the fundamental Conventions, paragraphs 673–675). The Committee againurges the Government to take the necessary steps to amend the legislation so as to fully reflect the principle of equal remuneration for men and women for work of equal value, and asks it to provide information on any developments in this respect. It furthermore reiterates its request for information on the steps taken to ensure:

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

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

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

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

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