Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

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

1.  Article 1(b) of the Convention. The Committee notes that, according to the Government, section 79 of the Labour Code, which provides for “equal remuneration for equal work”, is consistent with article 36 of Ecuador’s Constitution which establishes the principle of “equal remuneration” for men and women for “work of equal value” enshrined in the Convention. The Committee reminds the Government that, as indicated in its General Survey of 1986 (paragraphs 19–23), the obligations deriving from Article 1 of the Convention go beyond a reference to “the same” or “similar” work, and include “work of equal value”, which requires a broader comparison of the value of different jobs. Establishing a broader base of comparison stems from the need to ensure that women receive the same remuneration as men where the work they do is different but of equal value, as determined by an objective evaluation of the job. This is particularly important due to occupational segregation, with women and men often working in different occupational categories and jobs, and since jobs which are traditionally considered “feminine” may be undervalued because of sexual stereotyping. The Committee accordingly points out to the Government that section 79 of the Labour Code is narrower than the principle of “equal remuneration for work of equal value” laid down in the Convention, and trusts that the Government will take the necessary steps to bring section 79 in line with the Convention and will keep it informed of progress made in this regard.

2. Article 2. With regard to points 2 and 3 of its previous direct request, the Committee notes the Equal Opportunities Plan for 2005–09 drawn up by the National Council for Women (CONAMU) and the information in the Government’s report on the application of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), that the Government has undertaken to develop with CONAMU a joint action plan which includes the issue of equal pay and the development of indicators with a view to monitoring the application of Convention No. 100. It further notes that the Agreement on Inter-Institutional Cooperation between CONAMU and the Ministry of Labour includes the implementation and follow-up of labour policies to redress any inequalities between men and women workers. The Committee hopes that, in that context, the Government will devise and implement measures to reduce the occupational and sectoral segregation of women, to narrow the wage gap in both the public and the private sectors and to reduce sex-based discrimination in better paid posts. The Committee asks the Government to provide information on these matters, including statistical data, and on outcomes achieved.

3. Gender and Youth Unit. Noting the establishment in 2005 of the Gender and Youth Unit under the Employment Directorate, the Committee asks the Government to provide information on the Unit’s activities in so far as they relate to the application of the Convention.

4. Labour inspection and prevention. Noting the Government’s statement that the Ministry of Labour’s Gender Unit is to make the labour inspectorate more effective in enforcing the principle of the Convention, the Committee would be grateful if the Government would provide information on the labour inspectorate’s promotional activities, the cases dealt with and the action taken regarding the principle of the Convention.