Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

Equal Remuneration Convention, 1951 (No. 100) - Bolivia (Plurinational State of) (Ratification: 1973)

Previous comments: observation and direct request

Articles 1 to 4 of the Convention. Gender pay gap. The Committee notes the information provided by the Government in its report on various measures to promote gender equality in employment and occupation, and also the statistical information on access to various levels of education for girls and women. In order to be able to identify trends in the gender pay gap in the country, the Committee requests the Government to provide statistical information on the remuneration received by women and men, if possible disaggregated by branch of activity and occupation, and on any data available on the gender pay gap.

Recalling that one of the underlying causes of the gender pay gap is often gender-related occupational segregation (where women tend to be concentrated in certain jobs and occupations which, in turn, are often characterized by lower pay and worse professional prospects), the Committee refers in this regard to its comments on the application of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111).

Articles 1(b) and 2(2)(a). Equal remuneration for men and women for work of equal value. Legislation. The Committee notes with satisfaction that the Government reports the adoption of Supreme Decree No. 4401 of 2020, which provides that “the State shall promote the entry of women into employment and also the same remuneration for women and men for work of equal value” (section 5(I)) and that “it shall be prohibited to consider differences or justify the existence of a wage gap through aspects directly or indirectly linked to the fact of being a woman, on grounds of pregnancy, maternity, paternity, breastfeeding or family responsibilities” (section 7(I)). This Decree is applicable in entities of the State and other public institutions, and to natural and legal persons in the private sector that have the status of employer (section 2(II)).

Article 3. Objective job evaluation. The Government indicates that, under Supreme Decree No. 4401 of 2020, work of equal value is defined as “work which has substantial similarities in duties, effort, skill and responsibility, and which is performed under similar conditions” (section 3(b)). The Committee observes that this definition includes several of the factors which the Committee considers quite appropriate for objective job evaluation, such as effort, responsibilities and working conditions. However, it observes that this definition does not include qualifications as an evaluation factor and appears to be limited to work performed “under similar conditions”, which would be too restrictive in terms of the principle of the Convention (see 2012 General Survey on the fundamental Conventions, paragraphs 675 and 700; and the ILO’s “Equal pay: An introductory guide“, pages 31–32 and 38–46). The Committee requests the Government to provide information on the manner in which Decree No. 4401 of 2020 is applied in practice and, in particular: (i) indicate whether objective job evaluations have been carried out or whether a specific procedure has been established for this: (ii) clarify whether “qualifications” are taken into account as a factor for comparing work of the same value and in what way; and (iii) provide information on any measures taken to enable a comparison of the value of work done under different conditions.

Enforcement. The Committee notes the Government’s indication that a total of ten cases involving the levelling up of wages were handled pursuant to Supreme Decree No. 4401. The Committee requests the Government to continue providing information on any cases involving the levelling up of wages that have occurred pursuant to Supreme Decree No. 4401 and their outcome.