Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Equal Remuneration Convention, 1951 (No. 100) - Argentina (Ratification: 1956)

The Committee notes the observations of the General Confederation of Labour of the Argentine Republic (CGT RA), received on 31 August 2018, in which the CGT RA: (i) refers to the recent data on income distribution trends of the National Institute of Statistics and Census (INDEC), according to which the income of women is between 27 and 30 per cent lower than that of men, and the gap widens the higher women move up in the hierarchy of an enterprise; (ii) highlights that the main explanation for this gap is the number of hours that women allocate to unpaid work; (iii) considers as progress the fact that a significant number of trade unions have for many years included gender and equality of opportunity units in their statutes; and (iv) refers to data from INDEC on the first quarter of 2017, which the Government also includes in its report and which are detailed below. The Committee also notes the observations of the Confederation of Workers of Argentina (CTA Autonomous), received on 1 September 2018, in which CTA Autonomous: (i) indicates that the country has no policy that aims to address wage inequalities between men and women; (ii) reports that the wage gap amounts to 35 per cent in the informal sector; (iii) indicates that the average wage for domestic work, which is carried out almost exclusively by women, is below the adjustable minimum living wage applicable to workers in the private sector in general; (iv) indicates that on International Women’s Day, the authorities of the executive power announced the submission to the Congress of a bill with the aim of “achieving equal remuneration”, but that no bill on the matter is being discussed in Congress; and (v) highlights that one of the main obstacles faced by women is reconciling domestic work and employment, and the existence of prejudices in this respect. The Committee also notes the observations of the Confederation of Workers of Argentina (CTA Workers), received on 11 September 2018. The Committee requests the Government to provide its comments in this regard.

Legislation. The Committee notes that the Government’s report refers to the draft Gender Equality Act (INLEG-2018-10434057-APN-PTE), which was submitted to Congress in March 2018. The Committee notes that this draft aims to amend the Act on labour contracts, including section 173, by providing that guarantees of full compliance with gender equality in the application of the principle of equal pay for “equal task” shall be set out in individual contracts, collective labour agreements, regulations and any instrument fixing wages. The Committee recalls that the principle of the Convention of equal remuneration between men and women for “work of equal value” includes but goes beyond equal remuneration for “equal”, “the same” or “similar” work or “equal task” and also covers tasks and work which are completely different in nature but which are of “equal value”. In this vein, the Committee requests the Government to take the necessary measures to ensure that the principle of equal remuneration for men and women for work of equal value with the characteristics mentioned, is fully reflected in the provisions of the Act on labour contracts, and requests it to provide information on any progress in this regard. Furthermore, noting the information in the Government’s report that the establishment of a commission is envisaged with the aim of dealing with issues raised in the ILO’s supervisory system, the Committee hopes that in this framework, the constituents will find an appropriate way to address the questions raised in relation to the application of the Convention. The Committee request the Government to provide information on any progress made in this respect.

Articles 1 and 2 of the Convention. Gender pay gap and occupational segregation. In its previous comments, the Committee requested the Government to continue to take measures to reduce the gender pay gap and address the occupational segregation existing in the labour market. The Committee also requested the Government to provide information in this regard, including statistical information to enable the identification of any trends in the participation of men and women in the labour market, including information on pay disaggregated by sex, economic sector and occupation. The Committee notes the Government’s indication that the Directorate of Equal Opportunities for Men and Women in the World of Work, attached to the Ministry of Labour, Employment and Social Security (MTEySS), intends to, inter alia, prepare reports on trends in labour indicators and carry out analyses and monitoring of gender gaps in work. It also plans to develop initiatives and programmes aimed at raising awareness on and reducing the conditions that give rise to horizontal and vertical occupational segregation, and promoting the inclusion of women in non-traditional occupations through the diversification of the provision of vocational training. In this regard, the Government provides information on the Programme on Non-Traditional Occupations for Women (Res. MTEySS 1553/2010), which aims to promote access to employment for women, and to overcome the existing gender stereotypes in the world of work through vocational training projects on, for example, the operation of light vehicles, bricklaying, and the repair of motor vehicles. The Committee also notes the Government’s indication on: (i) various training activities carried out by the MTEySS for trade union representatives on gender and collective bargaining, with a view to including the concept of co-responsibility for care work in collective agreements; (ii) the Gender Committee established under the 111,000 Plan, developed by the Ministry of Production, the Ministry of Education and Sport and the MTEySS to meet the labour demand of knowledge-based industries; and (iii) the communication campaigns launched to abolish gender stereotypes. As regards the statistical information on the participation of women and men in the labour market, the Committee notes the Government’s indication that, according to data from INDEC, the rate of women’s participation in the labour market increased from 36.6 per cent in 1990 to 48.1 per cent in the first quarter of 2017, while the participation rate for men was 66.3 per cent in 2017. The Government also indicates that the rate of employment for women in the informal sector is higher than that of men. The Committee also notes the Government’s indication that women are over-represented in a limited number of sectors and occupations, namely garment manufacture, wholesale trade, hotel and restaurant services, financial and insurance activities, and research and development. However, their main sources of employment are work in private homes (98.7 per cent of workers are women), teaching (73.6 per cent) and social and health services (71.2 per cent). The Government also indicates that, according to data from INDEC on the first quarter of 2017, the average income gap between women and men was 23.5 per cent. The Committee also notes that the sector with the largest wage gap between men and women in the third quarter of 2016 was fisheries and related services (44.5 per cent), followed by financial intermediation and other financial services (24.2 per cent), while the sector with the smallest gender wage gap was the construction sector (-23.1 per cent), which can be explained by the fact that, although women only represent 3.4 per cent of workers in this branch, they perform the most qualified tasks. The Government also indicates that, while women work an average of 32 hours per week, men work 43.5 hours, which is due to the fact that women spend twice as much time as men on unpaid domestic work at home. The Committee notes the information provided by the Government on the various measures adopted regarding family care leave, with regard to which the Committee refers the Government to its comments on the Workers with Family Responsibilities Convention, 1981 (No. 156). The Committee takes due note of the information provided and requests the Government to continue to take proactive measures to address the existing wage gap and its underlying causes, and to provide information on any measures taken in this respect and their impact. The Committee also requests the Government to continue to provide statistical information on the participation of men and women in the labour market and remuneration disaggregated by sex, economic sector and occupation, in order to observe any trends over time.

Articles 2 and 3. Public sector. The Committee once again requests the Government to provide information on the measures adopted with a view to increasing the representation of women in ministries and public bodies in which they are under-represented, and in managerial positions in public administration, and to supply statistical information in this regard.

Private sector. In its previous comments, the Committee requested the Government to: (i) continue to take steps in all sectors of occupation and of the economy to increase the labour participation of women and to eliminate gender stereotypes in society; and (ii) supply information on the manner in which the enterprises certified under the “Network of Non-Governmental Entities” programme implement, in practice, the principle of equal remuneration for men and women for work of equal value. The Committee notes the Government’s reference to various reports on family care leave and to the report entitled “Women in the World of Work”, drafted by the MTEySS, which includes, inter alia, information on the participation of women in the employment promotion and vocational training programmes run by the MTEySS. The report indicates that the initiatives to provide training and sustain employment carried out in the private sector are mainly aimed at men, and that the Directorate of Gender Equality and Equal Work Opportunities (DEGIOT) is implementing the Programme for Gender Equality Training, with a view to diversifying the labour integration opportunities for women based on the incorporation of new knowledge and skills. The Committee also notes that the United Nations Committee on the Elimination of Discrimination against Women (CEDAW), in its concluding observations, expressed concern about the persisting gender wage gap, particularly in the private sector, which particularly affects women with a high level of education (CEDAW/C/ARG/CO/7, 25 November 2016, paragraph 30). The Committee requests the Government to continue to provide information on the measures adopted or envisaged to promote the principle of equal remuneration for men and women for work of equal value in the private sector, and on their impact. The Committee also once again requests the Government to provide information on the manner in which the enterprises certified under the “Network of Non-Governmental Entities” programme apply in practice the principle of equal remuneration for men and women for work of equal value.

Article 3. Objective job evaluation. In its previous comments, the Committee requested the Government to provide information on the measures taken or contemplated to promote the objective evaluation of jobs to ensure equal remuneration for men and women for work of equal value, in accordance with the Convention. The Committee also requested the Government to provide information on the measures taken to promote the incorporation of the principle of the Convention into collective agreements and the impact thereof on collective agreements that had been concluded. The Committee notes the example of the clause agreed upon in collective bargaining provided by the Government, and observes that this clause provides for “equal work, equal remuneration”. The Committee recalls that the principle of equal remuneration for men and women for work of “equal value” enshrined in the Convention includes but goes beyond equal remuneration for “equal”, “the same” or “similar” work and also encompasses work that is of an entirely different nature which is nevertheless of equal value. The Committee once again requests the Government to provide information on the measures taken or contemplated to promote the objective evaluation of jobs to ensure equal remuneration for men and women for work of equal value, as established in the Convention. It also requests the Government to provide information on any measures taken or contemplated to increase the understanding of the social partners of the principle of equal remuneration of men and women for work of equal value, and on any measures adopted to promote the incorporation of the principle of the Convention in collective agreements. The Committee reminds the Government of the possibility to avail itself of ILO technical assistance with regard to the issues raised in the direct request.