Observation (CEACR) - adoptée 2015, publiée 105ème session CIT (2016)

Convention (n° 100) sur l'égalité de rémunération, 1951 - Equateur (Ratification: 1957)

Article 1(b) of the Convention. Equal remuneration for work of equal value. Legislation. The Committee notes with regret that for more than 20 years it has been referring to the need to amend section 79 of the Labour Code providing for equal remuneration for equal work, which is more restrictive than the principle set out in Article 1(b) of the Convention, which refers to work of “equal value”. The Committee observes that the Government has not sent any information on the progress made with respect to the adoption of the new Labour Code. 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 and the promotion of equality. It is key 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 of an entirely different nature which is nevertheless of equal value. With a view to overcoming occupational segregation, the application of the principle set out in the Convention is not confined to a comparison between men and women in the same establishment or enterprise, but also allows a much broader comparison between the jobs performed by men and women in different workplaces or enterprises, or between different employers (see General Survey on the fundamental Conventions, 2012, paragraphs 669, 673 et seq.). The Committee urges the Government, within the framework of the reform of the Labour Code, to amend section 79 so as to give full expression to the principle of equal remuneration for men and women for work of equal value. The Committee encourages the Government to request ILO technical assistance in this regard.

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