Equal Remuneration Convention, 1951 (No. 100) - Guatemala (Ratification: 1961)

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

Previous comment

Articles 1 and 2 of the Convention. Gender wage gap. In relation to the measures contemplated to reduce the gender wage gap and increase the participation of women in the labour market, the Government reports, inter alia, that during 2022: (1) 87 women were trained in Workshop Schools programmes, specializing in electrical technology, carpentry, construction, blacksmithing and forging, stonemasonry, agroecology and dressmaking; (2) through labour intermediation by the National Employment Service, 2,468 women entered the labour market; (3) the Directorate-General of Employment within the Ministry of Labour and Social Welfare provided career guidance to 14,220 women members of the Garífuna, Maya, Mestizo and Xinca peoples; (4) equal numbers of women and men entered the labour market through the National Employment Service; and (5) women’s participation in the executive branch rose to 53 per cent. The Committee notes that, according to the Government, in 2022 the economically active population increased to 7,165,879 persons (62.31 per cent men and 37.69 per cent women). The Committee requests the Government to report on: (i) the measures contemplated to promote the access of women to employment and occupation, in particular to a broader range of jobs, including those with greater opportunities for professional development and promotion; and (ii) the labour force participation of men and women in the public sector and the private sector, disaggregated by occupation and, if possible, hierarchical level.

Article 3. Objective job evaluation. The Committee notes the Government’s indication that: (1) the National Decent Work Policy 2017–2032 is being updated and, in the context of the National Wage Policy, joint minimum wage committees have been established; and (2) the Ministry of Labour is issuing a document to record good labour practices, with a view to encouraging and promoting formal methods for objective job evaluation. The Committee requests the Government to report on the steps taken to promote the adoption of objective job evaluation methods in the context of the ongoing updating of the National Decent Work Policy 2017–2032 and the implementation of the National Wage Policy. The Committee also requests the Government once again to report on whether formal methods of objective job evaluation are promoted in the documents recording good labour practices.

Application of the Convention in practice. With regard to the activities of the labour inspectorate and the number of complaints calling for equal remuneration for men and women for work of equal value, the Government indicates that: (1) the labour inspectorate received three complaints in which no labour rights violations were confirmed, having exhausted administrative proceedings in the respective cases; (2) the judicial authority has no record of complaints for discrimination in remuneration; and (3) various awareness-raising initiatives on gender have been held for labour inspectors. The Committee requests the Government to indicate whether in the training provided to labour inspectors the principle of equal remuneration for men and women for work of equal value was addressed. The Committee also requests the Government to indicate whether it has considered the possibility of taking steps to disaggregate judicial records on discrimination in employment by grounds and types of violation.

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

Previous comment

Articles 1(b) and 2(2)(a) of the Convention. Equal remuneration for work of equal value. Legislation. The Committee notes the Government’s indication in its report that there are at present no legislative initiatives linked to the Convention. The Committee trusts that the necessary measures will be taken to ensure that the legislation duly reflects the principle of equal remuneration for men and women for work of equal value, and requests the Government to provide information in this regard.

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

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee proceeded with the examination of the application of the Convention on the basis of the supplementary information received from the Government this year, as well as on the basis of the information at its disposal in 2019.

Articles 1 and 2 of the Convention. Gender wage gap. In its previous comment, the Committee requested the Government to provide information on: (1) the outcomes of the measures adopted to reduce the gender wage gap (including statistical data on its evolution); and (2) the measures taken to tackle the underlying causes of the low labour force participation of women, including the nature of that participation (women working on an independent basis, and working for fewer hours than men). The Committee notes that, in its supplementary report, the Government provides data published by the National Institute for Statistics on the average income of men and women in 2019, which demonstrate a gender pay gap that favours men in all economic activities (except the construction sector and real estate activities) and in all occupations. The Committee notes that these data indicate, inter alia, that: (1) the average total income for men is 2,437.5 Guatemalan quetzales (GTQ) and for women is GTQ2,083.1; (2) in the agriculture, livestock, game and forestry sectors the average total income for men is GTQ1,514.3 and for women it is GTQ1,424.3; (3) in the communications sector it is GTQ4,375.8 for men and GTQ4,321.2 for women; and (4) for directors and managers it is GTQ8,026.9 for men and GTQ6,032.5 for women. The Committee notes the Government’s indication that the widest gap can be seen in occupations classified as “workers, operators and skilled workers”, in which the income earned by women is up to 56 per cent less. Women workers in elementary occupations and those employed as service workers or sales assistants are paid 45 per cent less than men who perform the same tasks. The smallest gap can be seen in the occupation of “plant operators”, where there is a 16 per cent difference in earnings. It is important to mention that women generally work six hours less per week, which could be a factor in their income being lower. This is not the case for “plant operators” and “mid-level technicians and professionals”, where weekly hours of work are the same for both men and women and these are occupations where the income gap is also small. Only the income of employees such as: administrative support staff, mid-level technicians and professionals, professionals, scientists, directors and managers exceeds the national minimum wage in force. With regard to the underlying causes of the wage gap, the Committee notes the detailed statistics provided by the Government on the labour market participation rates of men and women, compiled by the Labour Market Observatory, which indicate that women have a much lower labour market participation rate than men, with the women’s rate standing at only 47.4 per cent. The Committee notes that the Government adds that on the basis of an in-depth analysis it can be seen that women face difficulties in entering the labour market: namely, limited access to education and training, social norms relating to gender, non-distribution of unpaid domestic work and lack of childcare systems. The Committee also notes the Government’s indications that: (1) there is occupational segregation, as men have higher participation rates in the agriculture and agri-business sectors, and women in the services and sales sectors; (2) one third of women choose to perform non-salaried work on an independent basis to avoid adhering to a schedule and be able to devote themselves to other activities, such as home care; (3) women work fewer paid hours than men; and (iv) women account for a greater proportion of employed persons who do not receive remuneration in exchange for their work. As for the measures adopted to reduce the wage gap, the Committee notes the detailed information provided by the Government regarding the activities of the Working Women’s Section and the National Office for Women (ONAM) of the Ministry of Labour and Social Welfare (MTPS), the Presidential Secretariat for Women (SEPREM) and the Secretariat for Women and Gender Analysis (SMAG) in the judiciary. The Committee also notes the information included in the Government’s report on the application of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), relating to the measures adopted under the National Policy for the Advancement and Comprehensive Development of Women (PNPDIM) and the Equal Opportunities Plan 2008–23 (PEO) to eliminate gender stereotypes and facilitate women’s access to a more diverse range of jobs. While noting this information, the Committee requests the Government to provide information on any measures taken or contemplated: (i) to continue reducing the gender wage gap; and (ii) to address the issue of the low participation of women in the labour market.

Article 3. Objective job evaluation. In its previous comment, the Committee requested the Government to provide further information on the criteria taken into consideration for the development of the wage scale in the public sector and to ensure that the existing wage scale is free from gender bias. The Committee also asked the Government to indicate whether formal procedures for the objective evaluation of jobs in the private sector have been adopted (for example, as part of the development of the national wage policy). The Committee duly notes the extensive information provided by the Government in its supplementary report regarding the national wage policy formulated as part of the National Decent Employment Policy (2017–32) to strengthen legal measures against discrimination. It also notes that the objective of priority action 16 is to “create conditions for formulating, on the basis of tripartite social dialogue, a national policy aimed at improving the wage structure for workers, inter alia, by strengthening tripartite social dialogue on minimum wages, ensuring compliance with the minimum wage in both the formal and the informal economy, reinforcing collective bargaining and legal measures against discrimination, and also strengthening forums for dialogue beyond workers in the formal economy”. The Committee requests the Government to provide information on progress made with respect to the national wage policy, in terms of reinforcing measures against discrimination, particularly as regards equal remuneration for men and women for work of equal value. The Committee once again requests the Government to provide information on any measures taken to promote formal methods for objective job evaluation free of sexist bias in the private sector.

Application of the Convention in practice. In its previous comment, the Committee requested the Government to continue providing information on the activities of the labour inspectorate to give effect in practice to the principle of equal remuneration for men and women for work of equal value and to provide information on the number of complaints (lodged with the labour inspectorate, the courts or other relevant institutions) concerning the application of this principle, and the follow-up to those complaints. The Committee notes the Government’s indication in its supplementary report that, according to the labour inspectorate’s case monitoring system, no complaints have been made calling for equal conditions of pay for men and women workers for work of equal value. While noting the information provided, the Committee requests the Government to continue providing information on the activities of the labour inspectorate and to provide information on the number of complaints lodged in this respect.

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Articles 1 and 2 of the Convention. Gender wage gap. In its previous comment, the Committee requested the Government to: (i) provide statistical data on the remuneration of men and women; (ii) examine the underlying causes of the existing wage gap; and (iii) provide information on the measures that have been taken to reduce the gap. The Committee notes that, in its report, the Government provides data published by the National Institute for Statistics on the average income of men and women in 2016 and 2017, which demonstrate a gender pay gap that favours men in all economic activities (except the construction sector) and in all occupations. The Committee notes that these data indicate, inter alia, that: the average total income for men is 2,490 Guatemalan quetzales (GTQ) and for women is GTQ2,026; in the agriculture, livestock, game and forestry sectors the average total income for men is GTQ1,198 and for women it is GTQ931; in the communications sector it is GTQ3,792 for men and GTQ2,805 for women; and for directors and managers it is GTQ6,985 for men and GTQ3,929 for women. With regard to the underlying causes of the wage gap, the Committee notes the detailed statistics provided by the Government on the labour market participation rates of men and women, compiled by the Labour Market Observatory, which indicate that women have a much lower labour market participation rate than men (40 per cent for women and 83.3 per cent for men). The Committee also notes the Government’s indications: (i) of the existence of occupational segregation, as men have higher participation rates in the agriculture, construction and transport sectors, and women in retail commerce, food and beverage services and in households as domestic workers; (ii) that many women choose to perform non-salaried work on an independent basis to avoid adhering to a schedule; and (iii) that women work fewer paid hours than men. As for the measures adopted to reduce the wage gap, the Committee notes the detailed information provided by the Government regarding the activities of the Working Women’s Section and the National Office for Women (ONAM) of the Ministry of Labour and Social Welfare (MTPS), and the Presidential Secretariat for Women (SEPREM). The Committee also notes the information included in the Government’s report on the application of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), relating to the measures adopted under the National Policy for the Advancement and Comprehensive Development of Women (PNPDIM) and the Equal Opportunities Plan 2008–23 (PEO) to eliminate gender stereotypes and facilitate women’s access to a more diverse range of jobs. The Committee requests the Government to provide information on the outcomes of the measures adopted to reduce the gender wage gap (including statistical data on its evolution). The Committee also requests information regarding measures taken to tackle the underlying causes of the low labour force participation of women, including the nature of that participation (women working on an independent basis, and working for fewer hours than men).

Article 3. Objective job evaluation. In its previous comment, the Committee requested the Government to adopt mechanisms for objective job evaluation. With regard to public employment, the Committee notes the Government’s indication that, according to information provided by the Legal Affairs Directorate of the National Civil Service Office (ONSEC), the civil service remuneration system operates in accordance with the principle of equal opportunities and must be objective, impersonal and free from discrimination of any kind, which means that the value of the work performed in each job must be taken into account when fixing wages. The Committee also notes the Government’s indication that section 10 of the Civil Service Wages Act (Decree No. 11-73) provides that the ONSEC shall develop an annual plan for the application of the wage scale. The Committee also notes the Government’s indication that one of the priority actions of the National Decent Work Policy (2017–32) is the establishment of a National Wage Policy strengthening the legal measures against discrimination. In this respect, the Committee wishes to recall that, whatever methods are used for the objective evaluation of jobs, particular care must be taken to ensure that they are free from gender bias. To this end, 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 discriminatory, either directly or indirectly. Often skills considered to be “female”, such as manual dexterity and those required in the caring professions, are undervalued or even overlooked, in comparison with traditionally “male” skills, such as heavy lifting. The Committee notes that a number of analytical job evaluation methods have been developed that take into consideration characteristics considered to be masculine and feminine, and include criteria such as repetitiveness and precision of movement, responsibility for the life of others, responsibility for the environment, the number of work interruptions (for example in secretarial and clerical work), empathy and the ability to organize, which are often linked to occupations in which women are predominantly employed (see General Survey of 2012 on the fundamental Conventions, paragraphs 701–702). The Committee requests the Government to provide further information on the criteria taken into consideration for the development of the wage scale in the public sector to ensure that the existing wage scale is free from gender bias. The Committee also requests the Government to indicate whether formal procedures for the objective assessment of jobs in the private sector have been adopted (for example as part of the development of the National Wage Policy).

Application of the Convention in practice. In its previous comment, the Committee requested the Government to provide information on the complaints made concerning the application of the Convention. The Committee notes the Government’s indication that no complaints regarding equal remuneration for men and women for work of equal value can be seen in the labour inspectorate’s system for monitoring cases. The Committee also notes the Government’s indication that, in 2016, the single protocol on procedures for the labour inspection system was approved with a view to standardizing the approaches followed by the labour inspectorate, with the support of the ILO, which covers the application of the Convention. The Committee requests the Government to continue providing information on the activities of the labour inspectorate to give effect in practice to the principle of equal remuneration for men and women for work of equal value and to provide information on the number of complaints (lodged with the labour inspectorate, the courts or other relevant institutions) concerning the application of this principle, and the follow-up to those complaints.

Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

Article 1(b) of the Convention. Equal remuneration workers for work of equal value. Legislation. In its previous comment, the Committee noted that the various provisions of national legislation establishing the principle of equal remuneration (article 102(c) of the Constitution, section 89 of the Labour Code and section 3 of the Civil Service Act, set out in Decree No. 1748 of 2 May 1968) lay down a principle narrower than that provided for in the Convention and requested the Government to take legislative measures in this regard. The Commission notes the Government’s indication in its report that all of the legislative reforms recommended by the Committee with respect to the application of the principle have been submitted for discussion to the Chairperson of the Subcommittee on Labour Legislation and Policy of the National Tripartite Committee on Labour Relations and Freedom of Association. The Government also reports that the draft proposal to reform Decree No. 1748, which includes the amendment of section 3 of the Civil Service Act, is currently pending before the National Congress. The Committee trusts that, following up on the initiatives referred to by the Government, the necessary measures will be taken to ensure that the legislation duly reflects the principle of equal remuneration for men and women for work of equal value, and requests the Government to provide information in this regard.

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

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Article 3 of the Convention. Objective job evaluation. In its previous comments, the Committee noted that the Government indicated that the public sector uses the Job Classification System and the Job Classification Handbook, which sets parameters for classifying various posts without gender bias. The Committee requested the Government to provide information on the distribution of men and women in the various posts in the public sector, including level of pay by category. The Committee notes the information from the Government on the number of men and women working in the public sector, but notes that it does not include level of occupation or wages disaggregated by sex. The Committee also notes the Government’s indication that the Civil Service Act (Decree No. 1748) is to be amended, but that it does not indicate whether there is to be a mechanism for objective job evaluation as provided for in the Convention. The Committee recalls that the concept of “equal value” requires some method of measuring and comparing the relative value of different jobs. There needs to be an examination of the respective tasks involved, undertaken on the basis of entirely objective and non-discriminatory criteria to avoid the assessment being tainted by gender bias. While the Convention does not prescribe any specific method for such an examination, Article 3 presupposes the use of appropriate technologies for objective job evaluation, comparing factors such as skill, effort, responsibilities and working conditions (see General Survey on the fundamental Conventions, 2012, paragraph 695). Since the current legislation does not include the principle of equal remuneration for men and women for work of equal value, as provided for in the Convention, and in order to facilitate the application of that principle in practice, the Committee requests the Government to take the necessary measures, including through the revision of the Civil Service Act (Decree No. 1748), to adopt a mechanism for objective job evaluation that allows the relative value of jobs to be measured and compared on the basis of objective and non-discriminatory criteria that are free of gender bias, such as skill, effort, responsibilities and working conditions. The Committee requests the Government to provide information on progress made in this regard.

Application in practice. Observing that the Government provides no information on this point, the Committee once again requests it to send information on any complaints made to the labour inspectorate or any other administrative or judicial authority concerning the application of the Convention. It also asks the Government to ensure that any training and dissemination activities carried out either by the public authorities or by the workers and employers refer adequately to the principle of the Convention, and to provide information on such activities.

Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes the observations of the Trade Union of Workers of Guatemala (UNSITRAGUA) received on 22 October 2014 which refer to issues that are being examined, and the observations of the Guatemalan Trade Union, Indigenous and Peasant Movement (MSICG) received on 5 September 2016. The Committee asks the Government to provide its comments on the latter.

Articles 1 and 2 of the Convention. Gender wage gap. In its previous comments the Committee requested the Government to provide information on the wage gap. The Committee notes that, according to UNSITRAGUA, in some sectors, such as the coffee and palm industries, women receive lower pay than men. The Committee takes note of the statistical information provided by the Government in its report, showing average wages by economic activity disaggregated by sex, for the year 2015. The Committee observes that according to that information, in all sectors other than construction and real estate, the wage differential was favourable to men by percentages ranging from 6 per cent in professional, scientific and technical activities and administrative services, to 47 per cent in the information and communications sector. In the construction and real estate sectors, there were gaps of 33 per cent and 18 per cent, respectively, in favour of women. The Committee notes that the Government provides information on the participation of men and women in the public sector, where women’s participation is higher. The Committee further notes that according to statistics for 2014 compiled by the Economic Commission for Latin America and the Caribbean (ECLAC), the differential in the average wage of men and women rises significantly as the level of training increases. That differential was 21 per cent between men workers and women workers with zero to five years of education and 52.8 per cent between men workers and women workers with 13 or more years of education. The differential is more marked in urban than in rural areas. The Committee requests the Government to examine the underlying causes of wage gaps that favour either men or women (such as vertical or horizontal segregation in occupation, level of education and vocational training of men and women, family responsibilities or wage structures) and to provide detailed information on the specific measures that have been taken to reduce the gap and on progress made in this regard. The Committee also asks the Government to continue to provide statistical information on the participation of men and women in the different sectors of activity and levels of occupation and on the remuneration levels of men and women in the different sectors of activity, disaggregated by sex and by occupational category, to enable the Committee to follow developments in pay differentials.

Article 1(b). Equal remuneration for work of equal value. Legislation. For more than 25 years, the Committee has been referring to various provisions in the national legislation that lay down a principle that is narrower than the one that the Convention establishes on equal remuneration for men and women for work of equal value. In the national legislation, article 102(c) of the Constitution provides for “equal pay for equal work performed under the same conditions and with equal efficiency and seniority”; section 89 of the Labour Code provides that “for equal work performed in the same enterprise in a post and conditions of efficiency and seniority which are likewise equal, there shall be equal pay …” and section 3 of the Civil Service Act (Decree No. 1748 of 1968) provides for “equal pay for equal work performed under equal conditions and with equal efficiency and seniority”. The Committee notes that in its report the Government indicates that to reform Decree No. 1748 a draft initiative is currently before Congress which includes the amendment of section 3 of the Civil Service Act. In the Committee’s view, it is worth recalling once again that the concept of work of “equal value” is broader, going beyond equal remuneration for “equal”, “the same” or “similar” work to encompass work that is of an entirely different nature but nevertheless of equal value. This concept lies at the heart of the right of equal remuneration for men and women for work of equal value and is fundamental to tackling occupational sex segregation in the labour market, as it permits a broader scope of comparison since it is not limited to comparing men and women in the same establishment or enterprise but allows for a much broader comparison to be made between jobs performed by men and women in different places or enterprises, or between different employers (see 2012 General Survey on the fundamental Conventions, paragraphs 669, 673 and 697–699). The Committee trusts that the initiative to reform the Civil Service Act (Decree No. 1748) will yield results in the near future and that in the context of the reform, section 3 of the Act will be amended to give full legislative expression to the principle of the Convention. The Committee requests the Government to take steps without delay to amend section 89 of the Labour Code so as to include also the principle of equal remuneration for men and women for work of equal value. It further requests the Government, in a future amendment of the Constitution, to envisage amending article 102(c) in order to align it fully with the Convention. The Committee requests the Government to provide information on any developments in this regard and reminds it that, should it so wish, it may seek technical assistance from the Office on this matter.

The Committee welcomes the ILO project financed by the European Commission (DG Trade) to give support to the beneficiary countries of the GSP+ (generalized system of preferences) programme for the effective application of international labour standards, focussing on four countries including Guatemala.

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

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Article 3 of the Convention. Objective job evaluation. The Committee notes the Government’s indication that the “Public sector post classification system” uses the post classification handbook, the list of specializations, the post classification review questionnaire and the annual wage plan for each tax year. The Government indicates that this material allows parameters to be defined for classifying various posts without gender bias, since gender is not among the factors taken into account. The Government also states that the drafts for the reform of the Civil Service Act are still before Congress. In this regard, the Committee recalls that the concept of “equal value” requires a method for measuring and comparing value in relation to various jobs, and this examination must be undertaken on the basis of entirely objective and non-discriminatory criteria. In view of the fact that occupational gender segregation persists, it is vital to ensure that a broad basis of comparison is used. The Committee requests the Government to provide information on the distribution of men and women in the various posts of the public sector, including salary levels for different categories. The Government is also requested to indicate how it is ensured that the principle of the Convention is applied in the public sector, including through the post classification handbook and the other tools available.

Parts III to V of the Convention. The Committee requests the Government to continue providing information on any court or administrative decisions, and on the findings of inspections, relating to the application of the Convention.

Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

The Committee notes the observations of the General Confederation of Workers of Guatemala (CGTG) dated 30 August 2013, according to which women receive lower pay in the coffee sector. The Committee asks the Government to provide its comments on this matter.

Gender pay gap. The Committee observes that the Government has not sent any statistical information that would make it possible to identify the current gender pay gap. The Committee recalls that pay differentials remain one of the most persistent forms of inequality between women and men and that collecting, analysing and disseminating this information is important in identifying and addressing inequality in remuneration. The Committee asks the Government to provide up-to-date statistical information on pay levels for men and women in the various economic sectors of activity, and occupational categories, to enable it to evaluate progress made.

Article 1(b) of the Convention. Equal remuneration for work of equal value. Legislation. The Committee notes that the Government reiterates the fact that article 102(c) of the Constitution provides for equal pay for equal work performed under the same conditions and with equal efficiency and seniority. Section 89 of the Labour Code provides for equal pay for equal work performed in the same posts and under equal conditions of efficiency and seniority within the same enterprise. The Committee notes that the principles established in the Constitution and the Labour Code are more restrictive than the principle established in the Convention, which refers to “work of equal value”. The concept of “work of equal value” lies at the heart of the fundamental right of equal remuneration for men and women and the promotion of equality. The concept is also fundamental to tackling occupational sex segregation in the labour market, as it permits a broad scope of comparison, including, but going 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. With regard to tackling occupational segregation, application of the Convention’s principle is not limited to comparisons between men and women in the same establishment or enterprise. It allows for a much broader comparison to be made between jobs performed by men and women in different places or enterprises, or between different employers (see General Survey on fundamental Conventions, 2012, paragraphs 673, 697–699). The Committee urges the Government to take steps to give full legislative expression to the principle of equal remuneration for men and women for work of equal value. The Committee encourages the Government to seek technical assistance from the Office in this regard.

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

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Article 3 of the Convention. Objective job evaluation. The Committee notes the Government’s reference to measures adopted for minimum wage fixing, as well as to current legislative initiatives to reform the Civil Service Act and the Executive Body Act with a view to reorganizing the public administration. The Committee notes however that the Government does not refer to measures adopted to ensure the application of the principle of the Convention. Recalling once again its 2006 general observation on the Convention, the Committee emphasizes, in order to give full effect to the principle of the Convention, the importance of using objective job evaluation methods that enable various jobs to be compared on the basis of factors which are free from gender bias, so as to ensure that work predominantly performed by women (“female jobs”) is not undervalued and that women receive remuneration which is equal to remuneration for work of equal value performed by men. The Committee once again asks the Government to supply information on the measures taken or envisaged to ensure that, when determining wage rates, objective job evaluation is applied in the public sector and is promoted in the private sector. It also asks the Government to supply information on the reform of the Civil Service Act and the manner in which it is ensured that the job classification system if free from gender bias.

Training and dissemination. The Committee takes note of the dissemination activities carried out by the Government. It observes that these are based on the principle of equal wages for equal work and refers to its comments on the principle of the Convention made in its general observation in 2006. The Committee asks the Government to ensure that training and dissemination activities refer adequately to the principle of the Convention and to provide information on developments in this regard.

Parts III–IV of the report form. The Committee asks the Government to provide information on the findings of the inspections carried out, as well as on any court or administrative decisions relating to the application of the Convention.

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

Gender wage gap. The Committee notes the statistics supplied by the Government, revealing that the wage for women is approximately 90 per cent of that of men. Noting that these statistics show that the wage gap between men and women has increased from 6 per cent in 2009 to 10 per cent in 2011, the Committee asks the Government to provide information on the measures envisaged within the framework of the National Policy for the Advancement and Development of Women and the Equal Opportunity Plan (2008–23) and the Institutional Strategic Gender Plan to reduce the gender wage gap. The Committee asks the Government to continue providing up-to-date statistics on the rates of remuneration for men and women in the various sectors of activity, disaggregated by occupational category and job, to enable the Committee to evaluate the progress achieved.

Article 1 of the Convention. Equal remuneration for work of equal value. Legislation. The Committee has been referring for a number of years to the importance of adopting measures to give legislative expression to the principle of equal remuneration for men and women for work of equal value. In this connection, the Committee notes the Government’s statement that the Committee for the Analysis and Examination of the implementation of obligations arising from ILO Conventions has been set up, and is due to function until 31 December 2011. The Committee notes that the Government provides information on the training activities carried out by the Department for the Advancement of Women Workers, stating that the disseminated documents refer to the principle of equal remuneration for equal work performed with respect to equal conditions, efficiency and seniority. In this respect, the Committee refers to its 2006 general observation, indicating that the concept of “work of equal value” 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 notes that the principle of equal remuneration for equal work performed with respect to equal conditions, efficiency and seniority is more restrictive than the principle of the Convention. The Committee therefore stresses the importance of reflecting fully the principle of the Convention and asks the Government to provide information on any progress made by the Committee for the Analysis and Examination of the implementation of obligations deriving from ILO Conventions with respect to the adoption of measures giving legislative expression to the principle of remuneration for work of equal value. The Committee encourages the Government to request technical assistance from the Office in this respect.

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

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

Article 3 of the Convention. Objective job evaluation. With reference to its previous comments on the use and promotion of methods for the objective evaluation of jobs in the public and private sectors, the Committee notes that no information has been supplied in this respect. With regard to the reform of the Civil Service Act, the Committee notes that a working party was set up to study and analyse various existing proposals for amending the Act and that a new set of draft reforms of this Act with a view to its revision and analysis was brought before the General Secretariat of the President’s Office. Recalling its 2006 general observation on the Convention, the Committee emphasizes that, in order to give full effect to the principle of the Convention, it is of fundamental importance to use objective job evaluation methods which enable various jobs to be compared on the basis of factors which are free from gender bias, in order to ensure that work predominantly performed by women (“female jobs”) is not undervalued and that women receive remuneration which is equal to remuneration for work of equal value performed by men. The Committee once again asks the Government to supply information on the measures taken or envisaged to ensure that when determining minimum wage rates, objective job evaluation is applied in the public sector, and is promoted in the private sector. It also asks the Government to supply information on the reform of the Civil Service Act and the manner in which it is ensured that the job classification system is free from gender bias.

Training and dissemination. The Committee notes the training and dissemination workshops on women’s labour rights held by the Department for Women Workers at the Ministry of Labour and Social Welfare. However, it notes that the guide to women’s labour rights produced by the Department does not contain any explicit reference to the principle of equal remuneration for men and women for work of equal value. The Committee asks the Government to supply information on the training and dissemination activities specifically relating to the principle of the Convention.

Parts III–V of the report form. The Committee notes the information supplied by the Government concerning labour inspections carried out in order to verify the payment of the minimum wage. The Committee asks the Government to continue to supply information on the results of the inspections carried out with regard to the application of the Convention. It also asks the Government to supply information on any court or administrative decisions relating to the application of the Convention.

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

Wage gap. The Committee notes that, according to the statistics for 2007 supplied by the Government, the average monthly wage for women is approximately 94 per cent of the average wage for men (wage gap: 6 per cent). However, the wage gap varies according to the age group and economic activity concerned. The Committee notes in particular that the average monthly wage for women represents 88.76 per cent of the average wage for men in the mining and quarrying sector, 83.64 per cent in the manufacturing industry, 84.60 per cent in commerce and 87.72 per cent in services, indicating that in some cases the gender-based wage gap may exceed 15 per cent. The Committee asks the Government to supply detailed information on the measures taken or contemplated to reduce the gender wage gap. It also asks the Government to supply up to date statistics on the rates of remuneration for men and women in the various sectors of activity, disaggregated by occupational category and job, to enable the Committee to evaluate progress achieved.

Article 1 of the Convention. Equal remuneration for work of equal value. Legislation. In its previous observation the Committee noted that no progress had been made on the adoption of measures to give legislative expression to the principle of equal remuneration for men and women for work of equal value, and urged the Government to intensify its efforts and keep the Office informed in this respect.

The Committee notes with concern that the Government’s report does not supply any information in this respect. The Committee once again underlines the importance of explicitly establishing the principle of the Convention in the national legislation in order to promote the elimination of pay discrimination against women. Referring to its 2006 general observation on the Convention, the Committee points out that the principle of equal remuneration for “work of equal value” goes beyond equal remuneration for “equal”, the “same” or “similar” work, since it also encompasses work that is of an entirely different nature but which is nevertheless of equal value. The Committee also wishes to emphasize that the concept of “work of equal value” is fundamental to tackling occupational sex segregation in the  labour market resulting from historical attitudes and stereotypes regarding women’s aspirations, preferences and capabilities with regard to certain jobs, the result of which has been that certain jobs are held predominantly or exclusively by women and others by men and “female jobs” are undervalued in comparison with work of equal value performed by men, when determining wage rates.

The Committee therefore urges the Government to take all necessary steps to give legislative expression to the principle of equal remuneration for men and women for work of equal value, and encourages the Government to seek technical assistance from the Office in this respect, if necessary.

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

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

1. Objective appraisal of jobs. The Committee notes the information provided by the Government on minimum wage fixing in the private sector and wage fixing in the civil service. Noting also the information on the criteria for appraising workers, the Committee reiterates that the notion of the objective appraisal of jobs is not based on the performance of workers, but on the examination of the tasks that different jobs involve. This evaluation should make it possible to compare jobs that are different but nonetheless of equal value. The Committee refers in this regard to its general observation of 2006 stressing the importance of applying objective job evaluation methods in the light of occupational sex segregation and the pervasive undervaluing of jobs and skills that are traditionally “female”. The Committee, therefore, asks the Government to provide information on measures taken or envisaged to ensure objective job evaluation is applied in the public sector and to promote its use in the private sector. With regard to the discussions on the new Civil Service Act, the Committee asks the Government how it is being ensured that the job classification system is developed so that it is free from gender bias, and asks the Government to keep the Committee informed in this respect.

2. Wage gap. In order to obtain further information on the wage gap referred to in its previous comments, the Committee asks the Government once again to provide statistical data on the distribution of men and women in various types of activity, disaggregated by occupational category and remuneration. The Committee also asks the Government for the CD-ROM and the gender-based indicators mentioned on page 3 of its report.

3. Training and dissemination. The Committee notes the activities carried out by the labour inspectorate with regard to the rights of women workers and also notes, in particular, that in 2006 two workshops were held in which 32 men and 114 women representing at least nine clothing and textile processing plants in the metropolitan region participated. The Committee asks the Government to continue providing information on the training and dissemination-related activities concerning equal remuneration.

4. Enforcement. The Committee takes due note of the information provided by the Government concerning the cases reported as having been withdrawn, which it referred to in its previous direct request. The Committee invites the Government to continue providing information on the follow-up given to any complaints or violations recorded by the Labour Inspectorate which relate to the principle set forth in the Convention.

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

Article 1 of the Convention. Equal remuneration for work of equal value. Legislative measures. With regard to the adoption of measures to give legislative expression to the principle of equal remuneration for men and women for work of equal value, the Committee notes that, according to the Government’s report, the work of the Legal Reforms Subcommittee has been unable to progress, due to the new formation of the Tripartite Commission on International Labour Affairs in October 2006 and the failure of one of the sectors to indicate the names of representatives in due time. The Committee notes that meetings have just begun and that technical and legal analyses of the reforms suggested by the Committee of Experts are being carried out. The Committee draws the Government’s attention to its 2006 general observation on the Convention, paragraph 3 of which states that “‘Work of equal value’ includes but goes beyond equal remuneration for “equal”, the “same” or “similar” work and also encompasses work that is of an entirely different nature, but which is nevertheless of equal value”. Paragraph 6 goes on to state: “Noting that several countries still retain legal provisions that are narrower than the principle as laid down in the Convention, as they do not give expression to the concept of ‘work of equal value’, and that such provisions hinder progress in eradicating gender-based pay discrimination against women at work, the Committee urges the governments of those countries to take the necessary steps to amend their legislation. Such legislation should not only provide for equal remuneration for equal, the same or similar work, but also prohibit pay discrimination that occurs in situations where men and women perform different work that is nevertheless of equal value.” The Committee therefore urges the Government to redouble its efforts to give legislative expression to the principle set forth in the Convention and to keep it informed in this respect.

The Committee is also addressing a request directly to the Government.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee recalls the comments by the Trade Union of Workers of Guatemala (UNSITRAGUA) of 2003 and notes the reply thereto supplied by the Government on 21 June 2004. The Committee notes that the issues raised by UNSITRAGUA do not relate to equal remuneration between men and women.

1. Article 1 of the Convention. With regard to point 2 of its previous direct request on the concept of remuneration set out in Article 1(a) of the Convention, the Committee notes the Government’s statement that “wages in Guatemala are agreed between workers and employers, and any service provided by a worker for the employer has to be paid for by the latter and that minimum remuneration is established per working day without discrimination”. The Committee reminds the Government that the principle set out in the Convention is applicable to all direct and indirect payments made by the employer “arising out of the worker’s employment” and that, within this meaning, the concept of “remuneration” in the Convention, in addition to basic or minimum remuneration, includes “any additional emoluments whatsoever payable directly or indirectly, whether in cash or in kind, by the employer to the worker”. The Committee asks the Government to provide information on the various wage supplements existing in the public and private sectors. It also hopes that the Government will consider the possibility of including in its legislation a definition of “remuneration” containing all the elements set out in the Convention.

2. Article 2. Noting the statistical data provided by the Government on average remuneration received by workers disaggregated by sex, the Committee notes the existence of a significant wage gap to the prejudice of women. The Committee asks the Government to provide information on the measures adopted or envisaged to promote and guarantee the application of the Convention and to supply data, including statistics, on the distribution of men and women in the private sector, disaggregated by level and by occupation, with special emphasis on the rural sector and the export processing industry.

3. System for determining remuneration in the public sector. The Committee notes the information provided by the Government in its report to the effect that, with a view to the determination of wages and wage scales in the public sector, the Annual Wage Plan for 2005 was established by Government Agreement No. CM425-2004, under the terms of which wage levels are allocated for jobs (financial allocation) and persons (personal wage supplement). It also notes that, with a view to the determination of wages by job, the analytical points evaluation method was used initially and, based on the hierarchical categorization of the resulting tasks, wages were determined taking into account certain basic elements in the wage administration and its compliance with the provisions of article 102 of the Political Constitution of the Republic, which establishes the principles on which remuneration is to be based, including “under the condition of equal wages for equal work performed under equal conditions, efficiency and seniority”. The Committee points out to the Government that the determination of the financial allocation per job is based on the criterion of equal wages for equal work, but that the Convention refers to work of “equal value”, which is a concept that allows the comparison of different jobs which are nevertheless of equal value and which therefore merit equal remuneration. The Committee notes the Government’s indication that, for the determination of the wages assigned to individuals, the personal attributes of “dedication, suitability and qualities demonstrated in the performance and achievement of institutional objectives and aims” are taken into account. The Committee hopes that the Government will take the principle set out in the Convention into account when determining the method for establishing wages in the public sector, and asks it to keep the Committee informed on this matter in its next report, with a detailed indication of the basic elements of the wage administration to which it refers. The Committee also asks the Government to provide information on the measures adopted or envisaged to ensure that the criteria determining the personal wage supplement, although apparently neutral, do not have a discriminatory impact. It also asks the Government to provide information, including statistics, on the distribution of men and women in the public service, disaggregated by level and by occupation.

4. Dissemination and training. The Committee notes the establishment of the Labour Subcommission for the export sector and export processing activities, under the title of Dispute Prevention Board in the Export Processing Industry, with the objective of undertaking information and education activities for women workers, middle managers and employers in export processing industries, and for labour inspectors in order to raise awareness and promote the application of the Convention. It further notes that the General Labour Inspectorate has a training centre on labour regulations intended for labour inspectors and administrative personnel. The Committee asks to be kept informed of the activities carried out by the Subcommission and by the training centre for the labour inspectorate as they relate to the application of the principle set out in the Convention, with an indication of the results achieved in practice and on any other measures adopted to secure the proper application of this principle in practice.

5. General Labour Inspectorate. The Committee notes with interest the procedure applied by the General Labour Inspectorate to investigate complaints of illegal deductions from wages and of failure to pay the minimum wage to women, and for the penalization of those responsible, as well as the results of the activities of inspectors in the metropolitan region. The Committee asks the Government to provide information on the results of the activities of labour inspectors in regional inspectorates, with an indication of the reasons why a substantial number of complaints proceed no further because of withdrawal or failure to pursue them, and to continue providing information on the action taken in relation to complaints of violations of the principle set out in the Convention. It also asks for information on the outcome of cases of violations referred to the labour courts, and to provide the related administrative and judicial decisions.

Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

1. In previous comments, the Committee referred to information supplied by the International Confederation of Free Trade Unions (ICFTU) to the effect that there is a large wage differential between men and women and that women have a low participation rate in the better-paid jobs. With regard to this issue, the Committee noted that women tend to be employed in less-skilled jobs with less stability and lower pay, leading to the “feminization of employment” in lower ranking jobs and to an economic and social undervaluation of the jobs performed by women. It asked the Government to provide information on the measures adopted or envisaged to promote the objective evaluation of jobs. It also emphasized the importance of this methodology in allowing an objective and analytical measurement and comparison of the relative value of the work performed so that effect can be given to the Convention, particularly in the case of work that is different but which, for the purposes of applying the principle laid down in the Convention, may nevertheless be of equal value. The Committee notes the Government’s indication on these matters that the National Wage Commission, in relation to the activities entrusted to it for fixing the minimum wage, applies the principle set out in the Convention. Recalling that the principle laid down in the Convention is not confined to the minimum wage, but applies to all emoluments paid directly or indirectly by the employer, the Committee hopes that the Government, with a view to preventing and eliminating the horizontal segregation of women, will adopt measures to promote the establishment of methods allowing the objective evaluation of jobs in the private sector, and asks it to keep the Committee informed on progress and results in practice in the adoption of such measures. It also reiterates its request for information on the measures adopted to secure for women the same opportunities as men in terms of access to jobs which are better paid and more highly skilled.

2. Legislation. With regard to the adoption of the necessary measures to give legislative expression to the principle of equal remuneration for men and women for work of equal value, the Committee notes the Government’s indication that reforms to the Labour Code, including the incorporation of the principle set out in the Convention, are being discussed in the Tripartite Committee on International Labour Affairs. The Committee trusts that the Government will amend the Labour Code to bring it into conformity with the Convention, and asks the Government to keep it informed of progress in this regard.

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

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

Further to comments it has made in an observation, the Committee asks the Government to provide information on the following points.

1. With reference to earlier comments, the Committee notes the information sent by the Government in its report to the effect that an annual wage plan is issued for the public sector by government agreement which establishes wages and wage scales in accordance with the budget items determined by the National Civil Service Office. The Committee would be grateful if the Government would provide detailed information on the mechanisms for appraising jobs in the public sector with a view to setting public sector wages and wage scales.

2. The Committee notes that, according to the Government, there is no gender discrimination in the fixing of the minimum wage. While recognizing the importance of this information for the application of the Convention, the Committee reminds the Government that the concept of remuneration contained in Article 1(a) of the Convention is broader and that the Government should also ensure that the principle of non-discrimination is applied to the other components of remuneration.

3. The Committee notes with interest the information supplied by the Government in its report on the activities that the Department for the Advancement of Women Workers carries out to promote and disseminate women’s rights at work. It notes in particular the reference, in one of the bulletins appended to the report, to seminars in which labour inspectors participate. The Committee notes that in Bulletins Nos. 3 and 6 of the Department for the Advancement of Women Workers attached to the Government’s report, reference is made to complaints of unlawful reductions in women’s wages. The Committee would be grateful if the Government would provide information in its next report on these unlawful reductions; on the special training courses for labour inspectors in connection with the application of the principle of equal remuneration between men and women for work of equal value; and on the way in which proper application of this principle is ensured in practice.

4. The Committee notes that the statistical information contains no data disaggregated by sex on the average remuneration of workers at various levels and in various segments of the labour market. The Committee again emphasizes the importance for the application of the Convention of collecting and analysing statistical information of the kind requested in its general observation of 1998 on this Convention, on the public sector and the private sector. This analysis should be done with a view to an evaluation of the remuneration gap between men and women, taking into account vertical and horizontal segregation in employment that obstructs women’s access to higher level and better paid jobs, or in sectors such as export processing which results in their concentration. The Committee notes that the National Institute of Statistics (INE) is engaged in numerous data collection activities and is particularly interested in emphasis being placed on gender issues. The Committee would be grateful if the Government would take the necessary steps so that the data requested can be sent in the near future.

Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the report sent by the Government and the attachments thereto. It also notes the comments of 25 August and 1 September 2003 by the Trade Union of Workers of Guatemala (UNSITRAGUA) concerning the application of the Convention which were sent to the Government on 8 and 15 October 2003 respectively. The Committee will examine these comments along with any reply provided by the Government at its next session.

1. In its previous comments the Committee referred to information sent by the International Confederation of Free Trade Unions (ICFTU) to the effect that there was a large wage differential between men and women and that women had a low participation rate in the better-paid jobs. The ICFTU also pointed out that women’s status in the export processing industry was precarious. In response, the Government indicates in its report that in the export processing industry wage discrimination on the ground of sex is rare because of the tasks involved in the work, and that if there is a concentration of women in this sector, it is because they have the necessary motor skills to perform the tasks required. The Committee refers in this connection to the Government’s report on the application of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), in which it recognizes that women tend to be employed more in less skilled jobs with less stability and lower pay, reflecting "the feminization of employment" in lower ranking jobs and an economic and social underrating of the jobs performed by women. The Committee asks the Government to provide information in its next report on the measures adopted or contemplated to promote the objective evaluation of jobs for purposes of wage fixing to ensure that the jobs in which women dominate are not economically and socially undervalued. Please also indicate the measures taken to provide women with the same opportunities as men in terms of access to jobs which are better paid and more highly skilled.

2. The Committee notes with regret that the Government once again states in its report that the Political Constitution of the Republic of Guatemala gives effect to the Convention. The Committee reminds the Government that article 102(c) of the Constitution refers to equal pay for equal work, whereas the Convention uses the term "work of equal value", a concept which allows a comparison of jobs which are different but which warrant the same remuneration. The Committee also reminds the Government that section 89 of the Labour Code also narrows the scope of application of the Convention by requiring that the work compared in assessing equality must be carried out within the same enterprise. The Committee urges the Government to take the necessary steps to reflect in law the principle of equal remuneration between men and women workers for work of equal value. It would be grateful if the Government would provide information on the activities of the Tripartite Commission on International Labour Issues which, according to information sent by the Government, is to hold discussions and propose reforms based on the Committee’s comments.

3. The Committee notes with regret that the Government’s report contains no response to the Committee’s repeated requests for information on the manner in which objective job appraisal is undertaken in the country. The Committee pointed out to the Government the importance of using a methodology that allows objective and analytical measurement and comparison of the relative value of tasks undertaken so that effect can be given to the Convention, particularly in the case of tasks which are different but which, for the purposes of applying the principle laid down in the Convention, may be of equal value. The Committee trusts that in its next report the Government will provide information on any measures adopted or envisaged to secure the use of methodologies for job appraisal in the public sector and to encourage this in the private sector.

The Committee raises other questions in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the information sent by the Government in its report which includes statistical data provided by the General Labour Inspectorate, and comments from the National Federation of Unions of State Workers of Guatemala (FENASTEG) and from the Union of Workers of Guatemala (UNSITRAGUA) on matters relating to the application of the Convention.

1. The Committee notes the information supplied by FENASTEG to the effect that there is discrimination between employees who perform the same tasks but in different institutions of the public sector. It also notes the information sent by UNSITRAGUA to the effect that in practice, equal remuneration is not ensured. UNSITRAGUA cites collective agreements on working conditions approved by the Ministry of Labour and Social Welfare, which provide for different remuneration for the same activity in several enterprises, industries or geographical areas, and an agreement concluded with the Ministry of Education providing for the payment of a wage to teaching, administrative and service staff employed under the Educational Programme for Formal Teaching of Faith and Joy, which amounts to 90 per cent of the wage paid for the same jobs in official schools. UNSITRAGUA also alleges that in the agricultural sector wages amounting to 50 per cent of the minimum wage are paid. The Committee recalls that the principle laid down in the Convention is that of equal remuneration for male and female workers for work of equal value, which also closely relates to occupational segregation. The Committee would appreciate information on the manner in which the practices referred to by the abovementioned organizations of workers can be deemed to constitute discrimination on grounds of sex.

2. The Committee notes the information sent by the Government in its report to the effect that cooperation with organizations of workers and employers takes place by means of dissemination of the standards established to ensure compliance with the Convention, and that advice is provided on its application. The Committee would be grateful if in its next report the Government would provide detailed information on the activities it is carrying out, specifying, for example, the manner in which the dissemination and advice campaign is being conducted. Referring to earlier comments, the Committee asks the Government to inform it of the number of complaints filed under section 89 of the Labour Code and the resulting administrative or judicial decisions, if any.

3. In its earlier comments the Committee asked the Government to provide information on the activities of the labour inspectorate. It observes that the statistical information provided by the Government in its report does not specify whether the inspections or cases cited have to do with equal remuneration. The Committee asks the Government to provide information in its next report on the number of inspection visits carried out in connection with equal remuneration between men and women for the same work or work of equal value, the number of infringements recorded and the results, including the penalties imposed.

4. The Committee again notes that the Government’s report contains no information on the average remuneration of men and women in Guatemala. It trusts that in its next report the Government will provide statistical information, as requested in the general observation of 1998 on this Convention, on the public sector and the private sector, in particular with a view to an evaluation of the wage differential between men and women, the status of women, particularly where there is vertical segregation in employment which obstructs women’s access to higher level and better paid jobs, or in sectors such as export processing where there is a greater concentration of women.

Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the information in the Government’s report including statistical data provided by the General Labour Inspectorate and comments from the Union of Workers of Guatemala (UNSITRAGUA) on matters relating to the application of the Convention. It also notes the comments sent to the Office by the International Confederation of Free Trade Unions (ICFTU) which were forwarded to the Government on 28 January 2002. The Office has not as yet received any reply thereto.

1. The Committee notes that, according to the ICFTU, women suffer obvious discrimination in employment. The ICFTU asserts that women are concentrated in the informal sector and have a low participation rate in high-level jobs; that there is sectoral gender segregation; and that women’s status in the export processing industry is precarious. The ICFTU also indicates that women earn between 20 and 40 per cent less than men.

2. In its previous comments, the Committee again asked the Government to indicate whether it was considering the possibility of giving effect in law to the principle of equal remuneration for men and women for work of equal value. The Committee regrets to note that the Government once again repeats its previous comments to the effect that section 89 of the Labour Code and article 102 of the Political Constitution of the Republic of Guatemala are the provisions which give effect to the Convention. The Committee draws the Government’s attention to the fact that the above provisions do not include the notion of work of "equal value"; nor do they provide for a comparison of work done for different employers. It again points out that the Convention is intended to prevent work in sectors deemed typically "female" from being undervalued due to gender-based social stereotypes. Noting in this context the information provided in the comments sent by UNSITRAGUA on the reform of the Labour Code, the Committee urges the Government to take the necessary steps to give effect in law to the provisions of the Convention in order to eliminate the wage differential between men and women for work of equal value and occupational segregation.

3. In its previous comments the Committee asked the Government to provide information on the methodology used for job appraisal. The Committee notes that, other than the indication that sex is not a criterion in fixing or negotiating wages, the Government’s report contains no detailed reply on the use of a job appraisal methodology which allows objective and analytical measurement and comparison of the relative value of tasks undertaken so that effect can be given to the Convention. As the Committee pointed out in paragraph 255 of its General Survey on equal remuneration, 1986, the reference in the Convention to equal remuneration for men and women workers for "work of equal value" inevitably broadens the field of comparison since jobs of a different nature have to be compared in terms of equal value. Accordingly, it is important that the comparison should not take into account directly or indirectly the criterion of gender but, rather, objective criteria such as professional qualifications, responsibility, physical or mental effort or the working environment. The Committee trusts that in its next report the Government will provide information on any measures taken or envisaged regarding the use of methodologies for job appraisal.

In addition, the Committee is addressing a request directly to the Government on other points.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes that the Government’s report contains no reply to its previous comments and hopes that in the next report complete information will be given about the questions raised in its previous direct request, which read as follows:

1. For some years, the Committee has asked the Government to indicate the manner in which the principle of equal remuneration for men and women workers for work of equal value is ensured in Guatemalan legislation or in practice. Article 102(c) of the Guatemalan Constitution provides for "equal wages for equal work performed under equivalent working conditions, and equal conditions of seniority and efficiency". Section 89 of the Labour Code provides that "equal wages shall be paid for equal work performed in equivalent posts, under the same conditions of efficiency and seniority within the same enterprise". The Government has indicated in previous reports that the principle of the Convention is applied in practice by minimum wage tables and in collective agreements governing working conditions. The Committee refers the Government to the language of the Convention, which calls for equal remuneration for men and women workers to be established "for work of equal value". The scope of the Convention reaches beyond a reference to the "same" or "similar" work, using instead the "value" of the work as the point of comparison. The principle of the Convention is intended to apply not only in cases where the same or similar work is performed in the same establishment, but also to discrimination which may arise out of the existence of occupational categories and jobs reserved for women. The Convention is also aimed at eliminating inequality of remuneration in female-dominated sectors, where jobs traditionally considered as "feminine" may be undervalued due to sex stereotyping (see General Survey on equal remuneration, ILO, 1986, paragraphs 14-23). The Committee therefore requests the Government to consider giving legal expression to the language of Article 1(a) of the Convention.

2. In its previous comments, the Committee asked the Government to provide information on the practical application of section 89 of the Labour Code, which provides, in the pertinent part: In complaints filed by female workers alleging salary discrimination on the basis of sex, the employer shall bear the burden of showing that the work performed by the complainant is of inferior quality and value. The Government is asked to indicate whether there are any regulations or guidelines indicating the manner in which the employer may satisfy the burden of proof imposed by section 89. The Committee notes that, in the absence of a system of objective job evaluation such as that contemplated in Article 3 of the Convention, the elements that the employer is required to show under section 89 could easily be interpreted in a subjective manner, thus lending themselves to possible discriminatory application and possibly reinforcing traditional notions discriminating against working women. The Committee asks the Government to indicate what methods, if any, have been adopted to avoid the discriminatory application of section 89 and to provide copies of any administrative or judicial decisions interpreting that section of the Labour Code.

3. The Government indicates that no complaints have been brought by women workers under section 89 of the Labour Code. The Committee asks the Government to provide information on the steps taken or contemplated to promote the application of the Convention, including the dissemination of information to the public regarding the right of men and women workers to equal remuneration, the posting of notices regarding equal remuneration legislation in the workplace, seminars, presentations and other initiatives designed to ensure that workers are aware of their rights under section 89.

4. The Government states that no complaints have been made to the labour inspectorate or to the labour and social welfare tribunals regarding the application of the Convention. The Government is requested to provide full information in its next report on the activities of the labour inspectorate in securing the application of the Convention, including information on the number of equal pay inspections conducted, the number of violations found, the action taken and the sanctions imposed.

5. The Committee notes that the Government’s report contains no data reflecting the average earnings of men and women workers in Guatemala. The Government is requested to provide, in its next report, the statistical information requested in the general observation on this Convention (for both the public and private sectors), in order to permit an evaluation of the progress made in the application of the Convention to date.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

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 reads as follows:

1.  For some years, the Committee has asked the Government to indicate the manner in which the principle of equal remuneration for men and women workers for work of equal value is ensured in Guatemalan legislation or in practice. Article 102(c) of the Guatemalan Constitution provides for "equal wages for equal work performed under equivalent working conditions, and equal conditions of seniority and efficiency". Section 89 of the Labour Code provides that "equal wages shall be paid for equal work performed in equivalent posts, under the same conditions of efficiency and seniority within the same enterprise". The Government has indicated in previous reports that the principle of the Convention is applied in practice by minimum wage tables and in collective agreements governing working conditions. The Committee refers the Government to the language of the Convention, which calls for equal remuneration for men and women workers to be established "for work of equal value". The scope of the Convention reaches beyond a reference to the "same" or "similar" work, using instead the "value" of the work as the point of comparison. The principle of the Convention is intended to apply not only in cases where the same or similar work is performed in the same establishment, but also to discrimination which may arise out of the existence of occupational categories and jobs reserved for women. The Convention is also aimed at eliminating inequality of remuneration in female-dominated sectors, where jobs traditionally considered as "feminine" may be undervalued due to sex stereotyping (see General Survey on equal remuneration, ILO, 1986, paragraphs 14-23). The Committee therefore requests the Government to consider giving legal expression to the language of Article 1(a) of the Convention.

2.  In its previous comments, the Committee asked the Government to provide information on the practical application of section 89 of the Labour Code, which provides, in the pertinent part:

In complaints filed by female workers alleging salary discrimination on the basis of sex, the employer shall bear the burden of showing that the work performed by the complainant is of inferior quality and value.

The Government is asked to indicate whether there are any regulations or guidelines indicating the manner in which the employer may satisfy the burden of proof imposed by section 89. The Committee notes that, in the absence of a system of objective job evaluation such as that contemplated in Article 3 of the Convention, the elements that the employer is required to show under section 89 could easily be interpreted in a subjective manner, thus lending themselves to possible discriminatory application and possibly reinforcing traditional notions discriminating against working women. The Committee asks the Government to indicate what methods, if any, have been adopted to avoid the discriminatory application of section 89 and to provide copies of any administrative or judicial decisions interpreting that section of the Labour Code.

3.  The Government indicates that no complaints have been brought by women workers under section 89 of the Labour Code. The Committee asks the Government to provide information on the steps taken or contemplated to promote the application of the Convention, including the dissemination of information to the public regarding the right of men and women workers to equal remuneration, the posting of notices regarding equal remuneration legislation in the workplace, seminars, presentations and other initiatives designed to ensure that workers are aware of their rights under section 89.

4.  The Government states that no complaints have been made to the labour inspectorate or to the labour and social welfare tribunals regarding the application of the Convention. The Government is requested to provide full information in its next report on the activities of the labour inspectorate in securing the application of the Convention, including information on the number of equal pay inspections conducted, the number of violations found, the action taken and the sanctions imposed.

5.  The Committee notes that the Government’s report contains no data reflecting the average earnings of men and women workers in Guatemala. The Government is requested to provide, in its next report, the statistical information requested in the general observation on this Convention (for both the public and private sectors), in order to permit an evaluation of the progress made in the  application of the Convention to date.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes the information contained in the Government's report.

1. For some years, the Committee has asked the Government to indicate the manner in which the principle of equal remuneration for men and women workers for work of equal value is ensured in Guatemalan legislation or in practice. Article 102(c) of the Guatemalan Constitution provides for "equal wages for equal work performed under equivalent working conditions, and equal conditions of seniority and efficiency". Section 89 of the Labour Code provides that "equal wages shall be paid for equal work performed in equivalent posts, under the same conditions of efficiency and seniority within the same enterprise". The Government has indicated in previous reports that the principle of the Convention is applied in practice by minimum wage tables and in collective agreements governing working conditions. The Committee refers the Government to the language of the Convention, which calls for equal remuneration for men and women workers to be established "for work of equal value". The scope of the Convention reaches beyond a reference to the "same" or "similar" work, using instead the "value" of the work as the point of comparison. The principle of the Convention is intended to apply not only in cases where the same or similar work is performed in the same establishment, but also to discrimination which may arise out of the existence of occupational categories and jobs reserved for women. The Convention is also aimed at eliminating inequality of remuneration in female-dominated sectors, where jobs traditionally considered as "feminine" may be undervalued due to sex stereotyping (see General Survey on equal remuneration, ILO, 1986, paragraphs 14-23). The Committee therefore requests the Government to consider giving legal expression to the language of Article 1(a) of the Convention.

2. In its previous comments, the Committee asked the Government to provide information on the practical application of section 89 of the Labour Code, which provides, in the pertinent part:

In complaints filed by female workers alleging salary discrimination on the basis of sex, the employer shall bear the burden of showing that the work performed by the complainant is of inferior quality and value.

The Government is asked to indicate whether there are any regulations or guidelines indicating the manner in which the employer may satisfy the burden of proof imposed by section 89. The Committee notes that, in the absence of a system of objective job evaluation such as that contemplated in Article 3 of the Convention, the elements that the employer is required to show under section 89 could easily be interpreted in a subjective manner, thus lending themselves to possible discriminatory application and possibly reinforcing traditional notions discriminating against working women. The Committee asks the Government to indicate what methods, if any, have been adopted to avoid the discriminatory application of section 89 and to provide copies of any administrative or judicial decisions interpreting that section of the Labour Code.

3. The Government indicates that no complaints have been brought by women workers under section 89 of the Labour Code. The Committee asks the Government to provide information on the steps taken or contemplated to promote the application of the Convention, including the dissemination of information to the public regarding the right of men and women workers to equal remuneration, the posting of notices regarding equal remuneration legislation in the workplace, seminars, presentations and other initiatives designed to ensure that workers are aware of their rights under section 89.

4. The Government states that no complaints have been made to the labour inspectorate or to the labour and social welfare tribunals regarding the application of the Convention. The Government is requested to provide full information in its next report on the activities of the labour inspectorate in securing the application of the Convention, including information on the number of equal pay inspections conducted, the number of violations found, the action taken and the sanctions imposed.

5. The Committee notes that the Government's report contains no data reflecting the average earnings of men and women workers in Guatemala. The Government is requested to provide, in its next report, the statistical information requested in the general observation on this Convention (for both the public and private sectors), in order to permit an evaluation of the progress made in the application of the Convention to date.

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

1. Article 2 of the Convention. With regard to the amended section 89 of the Labour Code, which stipulates that "Equal wages shall be paid for equal work performed in equivalent posts and under the same conditions of efficiency and seniority in the same enterprise; such wages shall include all the payments made to the employee in return for his ordinary work", the Committee asked the Government to explain how the broader principle of equal pay for work of equal value is ensured by other legislation or in practice. The Government answers that this principle is applied by means of minimum wage tables and in collective agreements on working conditions, and repeats that it is also laid down expressly in article 102(c) of the Constitution. The Committee notes with interest that the Government appends copies of collective agreements in which wages are higher than the minimum, and of Government Agreement No. 770-95 regulating the new salary scale to take effect on 1 January 1996 which is not disaggregated by sex because sex is not taken into account in wage fixing.

2. In its previous comments, the Committee observed that section 89 referred to the concept of work "of inferior quality and value" as criteria used in examining complaints by women workers, and asked the Government whether, in determining such complaints, it was possible to compare different work. The Government replies that, to date, there have been no complaints by women workers on these or any of the other grounds referred to in section 89. The Committee hopes that the Government will provide information on the practical application of section 89 in future reports.

3. In its previous comments the Committee noted Government Agreement No. 711-93 setting up a representative commission to coordinate activities with the National Office for Women. The Government specifies that this Office is authorized to participate in and coordinate the commission responsible for eliminating sexist roles and stereotypes from school text books with a view to placing men and women on a par, and it therefore plays a role in the application of the Convention. The Government also indicates that there have been no complaints concerning the application of the Convention made either to the Labour Inspectorate or to the Labour and Social Welfare Tribunals and that consequently, there have been no sanctions or court decisions on such matters.

4. The Committee notes that a National Wage Commission was established on 10 May 1995, but that its activities do not concern the application of the Convention since its decisions are for general application and distinguish only between the minimum wages of different occupations and not between men's and women's wages.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

1. Article 2 of the Convention. With regard to the amended section 89 of the Labour Code, which stipulates that "Equal wages shall be paid for equal work performed in equivalent posts and under the same conditions of efficiency and seniority in the same enterprise; such wages shall include all the payments made to the employee in return for his ordinary work. In respect of claims made by women workers concerning wage discrimination on grounds of sex, the employer shall demonstrate that the work performed by the complainant is of inferior quality and value", the Committee notes the Government's statement that the principle of equal remuneration for equal work is applied through minimum wage scales without distinction between men and women workers. Nevertheless, the Committee recalls that the Convention sets out a broader principle, namely equal remuneration for work of equal value. It asks the Government to explain how this broader concept is ensured by other legislation or in practice.

2. The Committee notes that section 89 refers to the concept of work "of inferior quality and value" for the examination of complaints by women workers and asks the Government whether, in such complaints, different work can be relied on; if so, please supply copies of decisions showing the results of the complaints. It also requests the Government to supply copies of any complaints lodged under section 89 so as to enable it to evaluate the application of the principle set out in the Convention through case-law.

3. With regard to the practical application of the principle of equal remuneration for men and women whose remuneration is higher than the minimum wage, the Committee notes that the Government repeats its statement contained in the previous report that wages (with the exception of the fixing of minimum wages) are determined through freely concluded contracts, in which habits and customs influence the amount of the wages, and adds that collective bargaining cannot reduce the rights set out in the international conventions or other instruments ratified by Guatemala. The Committee would therefore be grateful if the Government would supply copies of the collective agreements which demonstrate the application of the principle set out in the Convention with regard to wages which are higher than minimum wage levels.

4. In the public sector, the Committee notes that wages are fixed by means of Government Agreement No. 589-92, which specifies the basic wage, the emergency bonus and wage grades. The Committee requests the Government to supply a copy of this Agreement, as well as of the statistical tables to which reference is made in the report, but which have not been received.

5. The Committee notes Government Agreement No. 711-93, of 3 December 1993, under which a representative commission is set up to coordinate activities with the National Office for Women. It requests the Government to specify whether this commission plays a role in the application of the Convention in practice. The Committee notes that the General Labour Inspectorate does not carry out specific preventive monitoring or apply sanctions in order to achieve equality of remuneration between men and women workers. The Committee requests the Government to indicate in its future reports the number of offences which are specifically related to equal remuneration between men and women workers, the penalties imposed and any ruling by the courts in this respect.

6. The Committee notes that the National Wages Commission is still not in operation and requests the Government, when the Commission starts to operate, to provide information on the activities which it undertakes in relation to the Convention.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

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:

1. The Committee noted that the legislation giving effect to the Convention, namely article 102(c) of the Constitution of 1985 and section 89 of the Labour Code, provides for equal wages for equal work performed under equality of conditions, efficiency and seniority, and pointed out that, within the meaning of the Convention, equal remuneration applied to work of equal value, even if the tasks performed are of a different nature. The Committee notes that, according to the Government, when the work is of a different nature, different minimum wages apply and that, if the work is of equal value, the remuneration must never be lower than that applying to the work which is of a different nature. The Committee none the less asks the Government to indicate the measures taken or contemplated to ensure that, in practice, men and women receive equal remuneration for work of equal value. It also points out that systems for the objective appraisal of jobs without discrimination on the ground of sex are useful for carrying out a comparison of tasks.

2. With regard to the practical application of the principle of equal remuneration for men and women whose remuneration is higher than the minimum wage, the Committee notes the Government's statement that wages above the minimum are determined in freely concluded contracts, account being taken of habits and customs. The Committee observes that habits and customs may influence the amount of earnings and recalls that the principle of equal remuneration for men and women for work of equal value must be applied in the public as well as the private sector and in respect of both minimum wages and wages higher than the minimum. It therefore once again requests the Government to provide detailed information on the way in which the principle set out in the Convention is applied in practice to wages which are higher than the minimum wage.

3. Furthermore, the Committee asks the Government to provide: the salary scales applicable in the public sector, with an indication of the percentage of men and women employed at different levels; the texts of collective agreements fixing wages in various sectors of activity, with an indication if possible of the percentage of women covered by these agreements and the distribution of men and women employed at different levels; statistical data concerning the minimum or basic wage rates and the average actual earnings of men and of women, broken down, if possible, by occupation, branch of activity, seniority and level of qualifications, as well as information on the corresponding percentage of women.

4. With regard to supervision of labour standards by the labour inspection services, the Committee notes that the Government states that a number of infringements have been recorded and referred to the labour tribunals, but does not indicate whether they were infringements of the principle of equal remuneration or whether sanctions were applied. The Committee asks the Government to indicate the number of infringements that specifically concern the application of the principle of equal remuneration for men and women for work of equal value and the sanctions imposed, as well as the tribunals' decisions on these cases. The Committee would also appreciate information on the activities of the National Wages Commission.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

With reference to its previous direct requests, the Committee notes the Government's report and the information provided in reply to its comments.

1. The Committee noted that the legislation giving effect to the Convention, namely section 102(c) of the Constitution of 1985 and section 89 of the Labour Code, provides for equal wages for equal work performed under equality of conditions, efficiency and seniority, and pointed out that, within the meaning of the Convention, equal remuneration applied to work of equal value, even if the tasks performed are of a different nature. The Committee notes that, according to the Government, when the work is of a different nature, different minimum wages apply and that, if the work is of equal value, the remuneration must never be lower than that applying to the work which is of a different nature. The Committee none the less asks the Government to indicate the measures taken or contemplated to ensure that, in practice, men and women receive equal remuneration for work of equal value. It also points out that systems for the objective appraisal of jobs without discrimination on the ground of sex are useful for carrying out a comparison of tasks.

2. With regard to the practical application of the principle of equal remuneration for men and women whose remuneration is higher than the minimum wage, the Committee notes the Government's statement that wages above the minimum are determined in freely concluded contracts, account being taken of habits and customs. The Committee observes that habits and customs may influence the amount of earnings and recalls that the principle of equal remuneration for men and women for work of equal value must be applied in the public as well as the private sector and in respect of both minimum wages and wages higher than the minimum. It therefore once again requests the Government to provide detailed information on the way in which the principle set out in the Convention is applied in practice to wages which are higher than the minimum wage.

3. Furthermore, the Committee asks the Government to provide: the salary scales applicable in the public sector, with an indication of the percentage of men and women employed at different levels; the texts of collective agreements fixing wages in various sectors of activity, with an indication if possible of the percentage of women covered by these agreements and the distribution of men and women employed at different levels; statistical data concerning the minimum or basic wage rates and the average actual earnings of men and of women, broken down, if possible, by occupation, branch of activity, seniority and level of qualifications, as well as information on the percentage of women in the different occupations or sectors.

4. With regard to supervision of labour standards by the labour inspection services, the Committee notes that the Government states that a number of infringements have been recorded and referred to the labour tribunals, but does not indicate whether they were infringements of the principle of equal remuneration or whether sanctions were applied. The Committee asks the Government to indicate the number of infringements that specifically concern the application of the principle of equal remuneration for men and women for work of equal value and the sanctions imposed, as well as the tribunals' decisions on these cases. The Committee would also appreciate information on the activities of the National Wages Commission.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

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:

The Committee notes the information supplied by the Government in its reports.

1. The Committee notes with interest that article 102(c) of the 1985 Constitution and section 89 of the 1961 Labour Code provide for equal wages for equal work performed under equality of conditions, efficiency and seniority. It recalls that the Convention refers to equal remuneration for work of equal value, and requests the Government to supply information on the practical application of this principle to men and women workers performing jobs of a different nature, but of an equal value.

2. The Committee notes that section 88 of the Labour Code defines wages as the remuneration which the employer must pay to the employee under the contract of employment or employment relation in force between them. It requests the Government to supply information on the scope of the concept "wages", and in particular whether this covers any additional emoluments payable by the employer to the worker arising out of the worker's employment, as specified in Article 1(a) of the Convention. It refers in this connection to the explanations given in paragraphs 14 to 17 of its 1986 General Survey on Equal Remuneration.

3. The Committee notes the detailed information in the Government's report on the fixing of minimum wages. It requests the Government to supply information on the practical application of the equal remuneration principle to men and women workers who are being paid above the minimum wage level.

4. The Committee notes from the report that no statistics are available concerning the application of the Convention, as requested in point V of the report form. It hopes that it will be possible to indicate in the next report whether any violations of the relevant legislation have been noted by the labour inspection services.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee notes the information supplied by the Government in its reports.

1. The Committee notes with interest that article 102(c) of the 1985 Constitution and section 89 of the 1961 Labour Code provide for equal wages for equal work performed under equality of conditions, efficiency and seniority. It recalls that the Convention refers to equal remuneration for work of equal value, and requests the Government to supply information on the practical application of this principle to men and women workers performing jobs of a different nature, but of an equal value.

2. The Committee notes that section 88 of the Labour Code defines wages as the remuneration which the employer must pay to the employee under the contract of employment or employment relation in force between them. It requests the Government to supply information on the scope of the concept "wages", and in particular whether this covers any additional emoluments payable by the employer to the worker arising out of the worker's employment, as specified in Article 1(a) of the Convention. It refers in this connection to the explanations given in paragraphs 14 to 17 of its 1986 General Survey on Equal Remuneration.

3. The Committee notes the detailed information in the Government's report on the fixing of minimum wages. It requests the Government to supply information on the practical application of the equal remuneration principle to men and women workers who are being paid above the minimum wage level.

4. The Committee notes from the report that no statistics are available concerning the application of the Convention, as requested in point V of the Report Form. It hopes that it will be possible to indicate in the next report whether any violations of the relevant legislation have been noted by the labour inspection services.