Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

Equal Remuneration Convention, 1951 (No. 100) - Colombia (Ratification: 1963)

The Committee notes the Government's report and the reply to its comments, particularly on Article 1(a) of the Convention.

1. In its previous comments, the Committee noted that section 143 of the Labour Code provides that "equal wages shall be paid for equal work performed in the same job, with the same working time and under equal conditions of efficiency", which did not seem to be construed as encompassing equal remuneration for work of equal value, as provided for in the Convention. The Committee noted that Decree No. 1398 of 3 July 1990 protects women against all discriminatory practices and, in particular, provides (section 9(e)) that equality in employment includes, amongst other things, equality of remuneration, benefits and any assessment of performance of work. The Government stated that wages are fixed on the basis of the tasks performed, regardless of whether the work is done by a man or a woman. In its latest report, the Government indicates that in Judgement No. T-102/95, the Constitutional Court referred to section 143 of the Labour Code relating to "equal work, equal pay", as a fundamental right under the Constitution.

2. The Committee points out again that by requiring jobs to be compared in terms of their value, the Convention goes beyond the concept of "identical" or "similar" or "equal" work. It asks the Government to refer to its 1986 General Survey on equal remuneration, particularly paragraphs 44 to 78, in which the concepts of equality are explained. It hopes that the Government will take the necessary measures to ensure that section 143 of the Labour Code is amended so as to lay down explicitly the principle of equal remuneration for work of equal value, in order to bring it into conformity with the Convention on this point.

3. With regard to methods of evaluating tasks in order to determine wages, particularly in large enterprises, the Committee notes that, according to the Government, the criteria taken into account are length of service, improvement of occupational skills and output. The Committee draws the Government's attention to paragraph 54 of the above-mentioned General Survey in which it points out that, while such criteria (relating to performance appraisal), are not discriminatory in themselves as a basis for wage differentiation, they must be applied bona fide. The Committee asks the Government once again to indicate how it ensures that these methods for assessing tasks are not applied in a discriminatory manner and to provide copies of collective agreements in sectors of activity which employ a large number of women workers.

4. The Committee notes the statistical information supplied by the Government in its report on administrative careers and the protection provided by the State through the National Civil Service Commission to these officials. The Committee requests the Government to supply these statistics disaggregated according to sex and any decision of the National Civil Service Commission relating to equal remuneration for work of equal value.

5. The Committee noted that the Government again stated that the "Dirección de Vigilancia y Control" of the Ministry of Labour and Social Security and the National Wages Council, a tripartite body, were empowered to monitor and supervise the observance of legal provisions. It also noted that the above-mentioned Decree No. 1398 (sections 14 and 15) provided for the establishment of a coordination and supervision committee to monitor the strict application of its provisions. The Committee repeats its previous request regarding the "Dirección de Vigilancia y Control" of the Ministry of Labour and Social Security in regard to observance of the standards relating to the Convention (infringements recorded, penalties imposed and court decisions, if any).