Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

Equal Remuneration Convention, 1951 (No. 100) - Spain (Ratification: 1967)

The Committee notes that the Government's report contains no reply to its comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

1. The Committee notes the judicial rulings which were transmitted and, in particular, the ruling which refers to ILO Conventions as a supplementary source of law. In view of the fact that the above rulings argue that they are the sole determinant of the law governing the situation of the plaintiff in respect of the defendant, the Committee requests the Government to indicate the scope of rulings of the highest courts of law in the country and whether, as a consequence, all discriminatory provisions may be understood as having been repealed, thereby limiting the number of cases in which workers have to seek justice before the courts.

2. The Committee notes the detailed information which was supplied concerning: the wage rates applicable in the public sector, by sex and grade; the percentage of women covered by collective agreements and the distribution of the sexes at the various levels; the wage rates and average incomes earned by both sexes, broken down by qualification, sector, seniority and level of qualifications, with the corresponding percentage of women. The Committee is nevertheless bound to note that, according to the survey of wage discrimination by the National Women's Institute in 1989, remuneration for comparable levels of qualification and seniority are higher for men than for women at all occupational levels. The 1991 survey also shows that average earnings per month and per hour in various sectors are lower for women than for men.

With reference to the measures taken with a view to determining the causes of these wage disparities and the action taken to eliminate them, the Committee notes the activities of the National Women's Institute and the organization of meetings on "The function of the labour inspection services in relation to the occupational activities of women", the agenda of which included conditions of work and wage discrimination. It requests the Government to send the final document prepared as a result of the above meetings. The Committee would also be grateful if the Government would keep it informed of the studies or similar activities which are envisaged or have been undertaken to examine the reasons why disparities persist between the remuneration of women and men.