Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

Equal Remuneration Convention, 1951 (No. 100) - El Salvador (Ratification: 2000)

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

Article 1(a) of the Convention. Definition of remuneration. Legislation. In its previous comments, the Committee asked the Government to take the necessary steps to ensure that occasional bonuses, gratuities and reimbursements in kind referred to in section 119 of the Labour Code and which are not included in the definition of wages according to that legislative provision, are included in the concept of remuneration. In this regard, the Committee notes the Government’s indication in its report that the National Labour Directorate is drawing up plans to carry out scheduled inspections to check the existence of labour discrimination relating, inter alia, to differences in wages between men and women in the same job or post. The Committee also notes that the Government reiterates that the emoluments provided for in section 119(2) of the Labour Code are often granted by employers outside the employment contract and/or collective agreement so it is difficult for the labour inspectorate to carry out checks and impose penalties in relation to this provision. In this regard, the Committee wishes to recall that Article 1(a) of the Convention sets out a very broad definition of the term “remuneration”, which includes not only “the ordinary, basic or minimum wage or salary” but also “any additional emoluments whatsoever payable directly or indirectly, whether in cash or in kind, by the employer to the worker and arising out of the workers’ employment”. This broad definition of remuneration in the Convention seeks to encompass all forms of recompense that a worker may receive for his or her work, including payments in cash as well as in kind, and also payments made directly or indirectly by the employer to the worker for the work done. Such a broad definition is necessary since if only the basic wage were being compared, much of what can be given a monetary value arising out of the job would not be captured, and such additional components are often considerable, making up increasingly more of the overall earnings package. The words “directly or indirectly” were added to the definition of remuneration in the Convention with a view to ensuring that certain emoluments which were not payable directly by the employer to the worker concerned would be covered. The definition also captures payments or benefits, whether received regularly or only occasionally (see the 2012 General Survey on the fundamental Conventions, paragraphs 686–687).The Committee requests the Government to take steps to raise the awareness of the social partners regarding the principle of the Convention and its implications so as to ensure that occasional bonuses, gratuities and reimbursements in kind referred to in section 119(2) of the Labour Code are included in the concept of remuneration, in accordance with the principle established by the Convention.

Article 1(b). Work of equal value. Legislation. The Committee has been referring for nearly two decades to the need to amend article 38(1) of the Constitution, section 123 of the Labour Code and section 19 of the Standard Work Regulations for the Private Sector so that the principle of equal remuneration for men and women for work of equal value is incorporated. In this regard, the Committee notes with regret that the Government simply reiterates that the content of article 38 of the Constitution promotes the principle of equal pay for equal work, and refers to the existence of the “Act on equality and the eradication of discrimination against women” and its National Equality Plan. The Committee recalls that the Convention’s principle of “equal remuneration for men and women workers for work of equal value” includes, but goes beyond, equal remuneration for “equal”, “the same” or “similar” work and also encompasses work of an entirely different nature which is nevertheless of equal value.The Committee once again urges the Government to take the necessary steps without delay to give full expression in law to the principle of equal remuneration for men and women for work of equal value, and to provide information on progress made in this regard.

Article 2. Public sector. The Committee has been referring for more than a decade to section 65 of the Civil Service Act of 1961, which provides that “jobs shall be classified into similar groups in terms of duties, functions and responsibilities … so that they can be assigned the same level of remuneration under similar conditions of work”, and which is more restrictive than the principle of equal remuneration for men and women for work of equal value. In its latest comments, the Committee asked the Government to take the necessary steps to incorporate the principle of equal pay for men and women for work of equal value in the Civil Service Act of 1961. The Committee also asked the Government to provide information on the methods used to determine job classifications and pay scales applicable to the public sector. The Government indicates that wages are assigned under the General Budget Act and Wage Act, and that this is done without distinction between men and women. It also states that it issued Directive No. 4025 establishing standards for the classification of posts, and which classifies posts by category and establishes criteria for analysis of the appointed staff. The Government indicates that there are no regulations for establishing salary structures but that each institution has criteria and internal policies for assigning salaries for officials and employees. At the government level, the criteria are: suitability for the post, hierarchical level, and reclassification of posts to be filled according to the duties involved, with the proviso that the salary concerned must not distort the pay scale. The Committee recalls that “historical experience has shown that insistence on factors such as ‘equal conditions of work, skill and output’ can be used as a pretext for paying women lower wages than men. While factors such as skill, responsibility, effort and working conditions are clearly relevant in determining the value of the jobs, when examining two jobs, the value does not have to be the same with respect to each factor – determining value is about the overall value of the job when all the factors are taken into account” (see the 2012 General Survey on the fundamental Conventions, paragraph 677).The Committee once again requests the Government to take the necessary steps to ensure that: (i) the principle of equal remuneration for men and women for work of equal value is incorporated in the Civil Service Act of 1961, and in the General Budget Act and the Wage Act; and (ii) Directive No. 4025 establishing standards for the classification of posts, each institution’s criteria and internal policies, and also government directives, respect the principle set forth in the Convention.

The Committee is raising other matters in a request addressed directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.