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

Equal Remuneration Convention, 1951 (No. 100) - French Polynesia

1. Articles 2 and 4 of the Convention. Application of the principle of the Convention by collective agreements. In its previous comments, the Committee noted the Government’s indication that draft legislation would be proposed to the social partners concerning the application in practice of the principle of equal remuneration for work of equal value by means of collective agreements. The Committee notes that the text envisaged on the application of the principle of the Convention has not been prepared and that, following a proliferation of social disputes, the Government has proposed a social pact to the workers and employers. The Committee also notes that, in the context of this social pact, a tripartite group will be assigned the task of modernizing and codifying labour regulations, and that negotiation in the various sectors and enterprises might be one of the subjects covered by the tripartite working groups, which would enable the issue of equal pay between men and women to be addressed. The Committee hopes that the Government will ensure that, in the context of the social pact, the tripartite working groups focus in their discussions on the application in practice of the principle of equal remuneration for work of equal value, particularly by means of collective agreements. The Committee encourages the Government to continue social dialogue on this issue and asks it to supply information on all measures adopted by the tripartite groups to give full effect in law and in practice to the provisions of the Convention.

2. Objective evaluation of jobs. In its previous comments, the Committee noted that the hourly wage for women was slightly higher than for men in the under-30 age group. The Committee also noted the Government’s indication that wage gaps between men and women were partly due to the greater presence of women in part-time work. The Committee notes that, contrary to the information in the previous report, the Government underlines that the hourly wage for women in 2006 was lower than that of men in all age categories, including for the under‑30 age group. Moreover, the Committee observes that in the sectors where women constitute a large proportion of the work force (education, health and social action, community services, domestic services, etc.), women’s pay is less on average than that received by men as is also the case in most other sectors of activity. In view of this information, the Committee draws the Government’s attention to the fact that an objective evaluation of jobs in the public and private sector would make for better identification of cases in which men and women, despite performing work of equal value, do not receive equal pay. In this respect, the Committee refers to paragraphs 138–150 of its 1986 General Survey on equal remuneration, in which it explains the various methods of job evaluation and the use thereof to apply the principle of the Convention. The Committee also draws the Government’s attention to its general observation of 2006, in particular paragraph 5. The Committee asks the Government to supply information on the way in which the Government encourages an objective evaluation of jobs in the public and private sectors. Moreover, the Committee asks the Government to supply information on the measures taken to ensure that part-time work is not underpaid in a way that is disproportionate to full-time work. The Committee also asks the Government to continue supplying statistical information on the wages of men and women in the various sectors of activity.

3. Application of the law. The Committee notes that the labour inspectorate conducts visits to workplaces in order to monitor the application of the principle of the Convention. The Committee also notes that the labour inspectorate informs workers and employers on the provisions of labour law and actively participates in the handling of individual disputes. The Committee notes further that no complaints with regard to wage discrimination have been brought before the labour inspectorate and that no judicial decisions concerning the application of the Convention have been issued by the courts. The Committee asks the Government to supply precise information on the activities and inspections conducted by the labour inspectorate and also on the manner in which the authorities promote the application of the principle of equal remuneration for work of equal value, for example by organizing awareness and information campaigns. The Committee asks the Government to continue to keep it informed of any decisions issued by the competent authorities with regard to equal remuneration.