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

Equal Remuneration Convention, 1951 (No. 100) - Argentina (Ratification: 1956)

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The Committee notes that the Government has not referred in its report to the observations made by: (1) the General Confederation of Labour of the Argentine Republic (CGT RA), received on 31 August 2018 and 23 August 2022, which refer, among other subjects, to the conditions of work of migrant workers, and particularly migrant women working in domestic service and the textile sector; (2) the Confederation of Workers of Argentina (CTA Autonomous), received on 1 September 2018, which refer, among other subjects, to the need to adopt affirmative action measures to guarantee the real enjoyment of rights; or (3) the Confederation of Workers of Argentina (CTA Workers), received on 11 September 2018. The Committee requests the Government to provide its comments in relation to the pending observations.

Legislation. The Government indicates in its report that, in view of the time that has elapsed, the Bill on Gender Equity (INLEG-2018-10434056-APN-PT) has lost its Parliamentary status. The Government adds that the Chamber of Deputies adopted a majority resolution in August 2023 in favour of a Bill to, among other measures, amend section 172 of the Act on labour contracts to recognize that all persons engaged in work shall be guaranteed full observance of the principle of equal remuneration for work of equal value. The Committee requests the Government to provide information on the legislative progress on this subject.

Articles 1 and 2 of the Convention. Gender pay gap and occupational segregation. With reference to the pay gap and measures to address its underlying causes, the Government indicates, among other information, that: (i) following the approval of the “Guidance on gender equality in State enterprises and companies”, the identification and elimination of gender pay gaps has been promoted in State enterprises and companies; and (2) the gender pay gap is 27 per cent. The Committee notes the observations of the CGT RA, indicating that the wages of women are 15 per cent lower than those of men in the informal sector and that women devote 28 per cent of their working hours to unpaid care work, while the figure for men is only 9 per cent of their working hours. The Committee recalls that one of the underlying causes of the gender pay gap tends to be occupational segregation by gender (a phenomenon whereby women tend to be concentrated in certain jobs and occupations that are in turn characterized by lower remuneration and professional prospects) and refers in this regard to its comments on the application of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111). Under these conditions, the Committee requests the Government to continue providing information on: (i) the dissemination and application in practice of the “Guidance on gender equality in State enterprises and companies” in relation to the pay gap; (ii) any other measures adopted to reduce the gender pay gap; and (iii) the impact of the measures adopted (for example, by providing statistics on the pay rates of men and women in the various sectors and occupations).

Public sector. With reference to the promotion of the representation of women in public ministries and bodies, and in managerial posts in the public administration, the Government indicates that the statistical data for December 2021 show that: (i) in the national public sector, 49.8 per cent of jobs for civilian personnel are occupied by women; (2) 45.1 per cent of higher management positions in the public sector are occupied by women; (3) there is gender parity among civilian personnel in the national public sector who are not engaged in executive or managerial functions; and (4) the representation of women in positions of Secretaries or Sub-Secretaries of State has increased by over 10 per cent. The Committee requests the Government to provide statistical data on the remuneration rates of men and women in the public sector, disaggregated by occupational position and area of activity, as a basis for assessing progress in reducing the gender pay gap over time.

Private sector.The Committee once again requests the Government to provide information on the measures adopted or envisaged to promote the principle of equal remuneration for men and women for work of equal value in the private sector, and their impact (for example, training programmes, certification and capacity-building by enterprises and actors in the private sector).

Article 3. Objective job evaluation. The Committee notes the observations of CTA Workers in which it indicates that, due to the absence of a system for the objective evaluation of jobs, the national legislation in practice allows employers to provide higher salaries to male workers. In relation to objective job evaluation, the Committee refers to the 2012 General Survey on the fundamental Conventions, paragraph 675. The Committee once again requests the Government to provide information on the measures adopted or envisaged to promote the establishment of a method for the objective evaluation of jobs with a view to ensuring equal remuneration for men and women for work of equal value, as required by the Convention.