Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

Equal Remuneration Convention, 1951 (No. 100) - Brazil (Ratification: 1957)

The Committee notes the information contained in the Government’s report, including the statistical information supplied.

1. The Committee notes with interest that Bill No. 382-B/91 was adopted by the Brazilian Congress and promulgated as Act No. 9.799 of 26 May 1999. It notes particularly that section 373(A)(III) of the Act prohibits, inter alia, a person’s sex from being used as a determining factor for purposes of remuneration. It notes further that section 401(B) of the Act provides for an administrative fine of ten times the highest wage paid by the employer, as well as a ban precluding the employer from obtaining loans or financing from official financial institutions, in the event of violation of section 373(A)(III). The Committee would be grateful if the Government would keep it informed in respect of the application of the Act and the results achieved relevant to the Convention.

2. The Committee notes with interest that, although the average earnings for women workers in Brazil remain below the level of their male counterparts, the statistical data supplied indicate that the male-female earnings gap has declined in the years between 1993 and 1999. The Government indicates that women’s average earnings rose from 62.6 per cent of male earnings in 1995 to 69.1 per cent in 1999. Further, between 1993 and 1999, the earnings of female workers rose at almost double the national average, with women’s average earnings increasing by 43.3 per cent compared with a national average earnings increase of 24.3 per cent. Women’s participation rate in the labour market also increased, rising from 38.8 per cent in 1993 to 40.4 per cent in 1999. The Committee requests the Government to continue to supply information in its future reports, including statistical data on the male-female earnings differential.

3. Referring to its previous comments regarding the existence of vertical occupational segregation between women and men employed in the government sector, the Committee reiterates its request that the Government indicate the measures adopted or envisaged to promote and secure the equal access of men and women to higher-level posts in the government sector, including equal access to vocational training. Please also provide updated statistics in the next report on the distribution of men and women in the different jobs and at the different levels of the public administration.

4. The Committee notes from the report that the statistics available to the Ministry of Labour and Employment’s Labour Relations Secretariat show a marked increase in the number of collective agreements concluded in Brazil in recent years. While the Government indicates that no systematic analysis has been made of the content of such agreements, the Committee would appreciate receiving information regarding any measures taken or contemplated to include clauses in those agreements ensuring equality of remuneration between men and women. Further, in light of the new Collective Bargaining Statistics System (SENC) available to the Labour Relations Secretariat, the Committee reiterates its request that the Government supply the fullest information available regarding the number and types of industries concluding collective bargaining agreements and the percentage of those agreements which include clauses securing the application of the principle of equal remuneration for men and women workers for work of equal value.

5. The Committee notes with interest the establishment within the Regional Labour Departments of Units to Promote Equality of Opportunity and to Combat Discrimination, whose mandate includes promoting the application of the principle of equal remuneration. Referring to its comments under Convention No. 111, the Committee would be grateful if the Government would provide information on the results of the operation of these units relevant to the application of the principle of the Convention.

6. The Committee also notes with interest the information provided regarding the increasing number of awareness-raising activities carried out in the context of the Brazil Gender and Race Programme, including the training events for multipliers who, in turn, have organized presentations on equality issues relevant to the application of Convention No. 100 as well as the Discrimination (Employment and Occupation) Convention, 1958 (No. 111). It notes with interest additional initiatives taken by the Government, including the establishment of the Volunteer Civil Service (to train young Brazilian men and women to act as multipliers and promote equality policies in the labour market), the guidelines for the National Occupational Qualification Plan (PLANFOR) for 1999-2002 (which provide for preferential access to training programmes for economically and socially vulnerable persons, including female heads of household), and activities designed to improve the gender dimensions of vocational training within PLANFOR. The Committee also notes that, during the reporting period, numerous activities were carried out by the Government and the social partners designed to raise awareness of equality issues, including a seminar held by the Central Unitario de Trabalhadores (CUT) in April 2001 on equal remuneration for men and women workers for work of equal value.

7. With regard to the enforcement activities of the Labour Inspectorate regarding violation of the principle of equal remuneration, the Committee notes with interest the information provided by the Government regarding the case brought by the Prosecutor’s Office in the State of Piauí against Empresa Pintos, Ltda., headquartered in Teresina, alleging pay discrimination against female workers (ACP No. 003/95). The Committee notes that the Conciliation and Trial Board in Teresina found pay discrimination in its ruling issued on 6 December 1995, and that the judgement was confirmed. The Committee notes that this decision represents the first of its kind in Brazil. It would be grateful if the Government would continue to supply information regarding any decisions relevant to the application of the Convention in its future reports.