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

Equal Remuneration Convention, 1951 (No. 100) - Uruguay (Ratification: 1989)

The Committee notes the information contained in the Government's first report and would be grateful to the Government for supplying the following information in its next report.

Article 1 of the Convention. The Committee notes that there is no definition of the terms "remuneration" and "work of equal value", nor a specific reference to the principle of equal pay for work of equal value, in the national legislation. It accordingly asks the Government for the definition of "remuneration" and to provide information on whether legislation expressly stating the principle of the Convention is envisaged.

Article 2. 1. The Committee asks the Government to supply a copy of the Decree dated 14 September 1987 - referred to in its report - which requires the inclusion of a clause on equal remuneration for men and women workers in collective agreements submitted to the Executive, as well as information on the scope and practical effect of the provisions of this Decree.

2. The Committee notes that Legislative Decree No. 14785 of 19 June 1978 provides that employers must provide rural workers and their families with hygienic living and eating conditions, sufficient meals, and the means to obtain necessary medical assistance and facilitate school attendance for the children of rural workers. In addition to the mandatory cash remuneration paid to rural workers, section 5 expressly states that these in-kind benefits are for the rural worker and "his family (wife, children and parents)" living with him. The Committee requests the Government to indicate whether the benefits provided for in Legislative Decree No. 14785 apply to both men and women rural workers and their spouses, children and parents and whether measures are being taken to amend section 5 to make it clear that this type of remuneration is to be provided without discrimination based on sex.

3. The Committee notes that the 1989 and 1991 collective agreements for the textiles industry establish wage scales differentiated on the basis of sex. It also notes that clause 77 of the 1991 agreement establishes a bilateral Special Technical Commission with the specific responsibility, inter alia, of eliminating all references to sex in job classification and the definition of certain jobs as exclusively "female". The Committee asks the Government to indicate the measures taken or envisaged to remove all discriminatory provisions in the above-mentioned collective agreements and in any other agreement containing such provisions, and in particular to inform it of the work and results of the Special Technical Commission in eliminating wage differentials based on sex in the textiles sector.

Article 3. The Committee draws the Government's attention to the importance of implementing job classification methods based on objective criteria in order to ensure the elimination of wage discrimination based on sex and asks it to indicate in its next report whether positive steps have been taken both to eliminate all differences in pay rates based on sex and to supply a description of the factors used.

Article 4. The Committee requests the Government to provide specific information on the methods of cooperation between the Government and employers' and workers' organizations aimed at ensuring and promoting the application to all workers of the principle of equal remuneration between men and women workers for work of equal value.

Provision of statistical data. The Committee notes that the Government has not provided enough information to enable an appraisal of the extent to which wage differentials based on sex have been reduced through application of the Convention. Accordingly, the Committee requests the Government to provide, in its next report, detailed information concerning the implementation in practice of the Convention including:

(i) in the public sector, the applicable salary scales with an indication of the percentage of men and women employed at different levels;

(ii) in the private sector, texts of current wage council decisions and collective agreements fixing wages in a range of enterprises or industries (particularly for sectors employing significant numbers of women, such as manufacturing, the service sector and clothing and textiles industries), with an indication of the number of women covered by these agreements and information on the percentage of women and men employed at different levels;

(iii) statistical data concerning the minimum or basic wage rates and the average actual earnings of men and women in the economy, broken down, where possible, by occupation, sector of employment, seniority or level of qualifications, as well as information on the percentage of women employed in different occupations or sectors; and

(iv) information regarding any enforcement activities under Acts Nos. 15903 of 1987 and 16045 of 1989 with a view to removing wage disparities.