Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Equal Remuneration Convention, 1951 (No. 100) - San Marino (Ratification: 1985)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 1 of the Convention. Equal remuneration for work of equal value. The Committee notes the Government’s indication that, although the principle of equal remuneration between men and women for work of equal value is not expressly provided for in Law No. 40 of 1981 on gender equality in the labour market, it can, nonetheless, be considered implicitly covered by this legislation in that the Law requires the adoption of common criteria for women and men under the job classification systems used to determine remuneration rates. The Committee, however, considers that it is not clear whether these common criteria would also be applied when comparing jobs of a different nature. Referring to its 2006 general observation on the Convention, the Committee wishes to emphasize that, when determining wage rates, historical attitudes towards the role of women in society may result in the undervaluation of “female jobs” in comparison with those traditionally performed by men. It is, therefore, crucial to ensure that objective job evaluation methods free from gender bias, are adopted in order to establish whether different jobs are of equal value. The Committee thus asks the Government to: (i) clarify the extent of the provision of Law No. 40 of 1981 concerning job classification systems; (ii) indicate any judicial or administrative decisions applying Law No. 40 of 1981 in line with the principle of the Convention; and (iii) provide information on the job classification methods used in accordance with the Law and on the manner in which it is ensured that the criteria followed are not intrinsically discriminatory and do not undervalue jobs traditionally performed by women.

Part III of the report form. The Committee notes from the Government’s report that in 2004 the “Commission for the study of problems concerning the integration of laws for the legal equality of women” was replaced by the Commission for Equal Opportunities. The Committee also notes that this Commission is mandated, among other things, to assess the implementation of laws and regulations concerning equality of opportunity and treatment. The Committee asks the Government to provide information on the activities carried out by the Commission for Equal Opportunities with respect to the application of the principle of equal remuneration for work of equal value, including information on the assessment of the implementation of relevant laws and regulations.

Part V. General appreciation of the application of the Convention. The Committee notes the statistical information provided by the Government. The Committee encourages the Government to gather and supply with its next report statistical information disaggregated by sex on remuneration levels of men and women in the various sectors and occupational categories. The Committee also asks the Government to provide information on any relevant violations detected by the labour inspection services and any other information that could help the Committee gain a general appreciation of the degree of application of the Convention in the country.