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

Equal Remuneration Convention, 1951 (No. 100) - Guatemala (Ratification: 1961)

With reference to its previous direct requests, the Committee notes the Government's report and the information provided in reply to its comments.

1. The Committee noted that the legislation giving effect to the Convention, namely section 102(c) of the Constitution of 1985 and section 89 of the Labour Code, provides for equal wages for equal work performed under equality of conditions, efficiency and seniority, and pointed out that, within the meaning of the Convention, equal remuneration applied to work of equal value, even if the tasks performed are of a different nature. The Committee notes that, according to the Government, when the work is of a different nature, different minimum wages apply and that, if the work is of equal value, the remuneration must never be lower than that applying to the work which is of a different nature. The Committee none the less asks the Government to indicate the measures taken or contemplated to ensure that, in practice, men and women receive equal remuneration for work of equal value. It also points out that systems for the objective appraisal of jobs without discrimination on the ground of sex are useful for carrying out a comparison of tasks.

2. With regard to the practical application of the principle of equal remuneration for men and women whose remuneration is higher than the minimum wage, the Committee notes the Government's statement that wages above the minimum are determined in freely concluded contracts, account being taken of habits and customs. The Committee observes that habits and customs may influence the amount of earnings and recalls that the principle of equal remuneration for men and women for work of equal value must be applied in the public as well as the private sector and in respect of both minimum wages and wages higher than the minimum. It therefore once again requests the Government to provide detailed information on the way in which the principle set out in the Convention is applied in practice to wages which are higher than the minimum wage.

3. Furthermore, the Committee asks the Government to provide: the salary scales applicable in the public sector, with an indication of the percentage of men and women employed at different levels; the texts of collective agreements fixing wages in various sectors of activity, with an indication if possible of the percentage of women covered by these agreements and the distribution of men and women employed at different levels; statistical data concerning the minimum or basic wage rates and the average actual earnings of men and of women, broken down, if possible, by occupation, branch of activity, seniority and level of qualifications, as well as information on the percentage of women in the different occupations or sectors.

4. With regard to supervision of labour standards by the labour inspection services, the Committee notes that the Government states that a number of infringements have been recorded and referred to the labour tribunals, but does not indicate whether they were infringements of the principle of equal remuneration or whether sanctions were applied. The Committee asks the Government to indicate the number of infringements that specifically concern the application of the principle of equal remuneration for men and women for work of equal value and the sanctions imposed, as well as the tribunals' decisions on these cases. The Committee would also appreciate information on the activities of the National Wages Commission.