Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

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

Wage gap. With regard to the Committee’s previous comments, the Government indicates that the main instrument which it will use to eliminate the wage gap between men and women is the National Equal Opportunity and Rights Plan, which proposes, in Strategic Approach 29, Action 3, the adoption of measures to reduce the wage gap between men and women. Under section 8 of Act No. 18104, the Coordinating Council for Public Policies on Gender Equality shall be responsible for ensuring compliance with the Act and its regulations. It also notes that a study is being carried out to eliminate pay inequalities in the public sector. In its 2006 general observation on the Convention, the Committee stated that, in order to establish whether different jobs are of equal value, there has to be an examination of the respective tasks involved. This examination must be undertaken on the basis of entirely objective and non-discriminatory criteria to avoid an assessment being tainted by gender bias. Whatever methods are used for the objective evaluation of jobs, particular care must be taken to ensure that they are free from gender bias: it is important to ensure that the selection of factors for comparison, the weighting of such factors and the actual comparison carried out, are not inherently discriminatory. Often, skills considered to be “female”, such as manual dexterity and those required in caring professions, are undervalued or even overlooked, in comparison with traditionally “male” skills, such as heavy lifting. The Committee reiterates that the concept of work of equal value under the Convention includes work which, although not equal or similar or in the same undertaking or branch, is nevertheless of equal value. The development of mechanisms for the objective evaluation of jobs should allow these jobs to be compared based on the tasks involved and should make it possible to eliminate that part of the gap originating from occupational segregation. In this regard, the Committee encourages the Government to develop mechanisms for the objective evaluation of jobs under the National Equal Opportunity and Rights Plan which will allow different jobs to be compared in the public sector and to promote such evaluation in the private sector, and to provide information on this matter. Please also provide information on any other measures to reduce the wage gap.

Referring to its general observation of 2006, the Committee recalls the importance of including the principle of the Convention in legislation. Such legislation should not only provide for equal remuneration for equal, the same or similar work, but should also prohibit pay discrimination that occurs in situations where men and women perform different work that is nevertheless of equal value. Recalling that the national legislation does not contain any definition of the term “remuneration”, the Committee refers the Government to the definition of remuneration provided in Article 1(a) of the Convention and hopes that, in the context of future amendments to the legislation, such definition will be incorporated in the national legislation. The Committee asks the Government to consider including the principle of equal remuneration for men and women for work of equal value in its legislation and to provide information in this regard.