Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Equal Remuneration Convention, 1951 (No. 100) - Fiji (Ratification: 2002)

Minimum wages fixing. The Committee notes that nine wage regulation orders (WRO) were adopted in 2009, establishing minimum hourly rates of remuneration, by category of workers, in nine industries on the basis on the proposals made by the wages councils concerned. The Committee notes that, according to the Government’s report, continuous discussions and cooperation between the social partners are promoted within the wages councils to ensure the application of the principle of equal remuneration for men and women for work of equal value. The Government states that, with the observance of the Code of Good Faith in Collective Bargaining and the duty of good faith, employers and workers are expected to cooperate in applying the principle of equal remuneration for men and women for work of equal value in setting the minimum wages. The Committee observes, however, that the Government does not indicate how the wages councils have taken into consideration the principle of equal remuneration for work of equal value and does not specify the method and criteria used when they have determined minimum wages, in particular the basic minimum wage for each industry.

The Committee further notes the recommendation issued by the National Council for Building a Better Fiji (NCBBF) in the Report on the State of the Nation and the Economy (SNE Report) – reaffirmed in the Peoples Charter for Change, Peace and Progress of 2008 – according to which poverty will be reduced with a phased implementation of a national minimum wage (NMW) from 2009 to 2011 with full implementation by January 2012.

The Committee therefore asks the Government once again to indicate the methods and criteria used to determine the minimum wage rates for the different occupations and industries and how it is ensured that rates for jobs and professions predominantly or exclusively undertaken by women are not being undervalued in comparison with those undertaken by men who are performing different work which is nevertheless of equal value. The Committee further requests the Government to provide information on the progress made in the adoption and implementation of a national minimum wage.

Collective agreements and cooperation with employers’ and workers organizations. The Committee notes the Government’s indication that collective agreements concluded by workers’ and employers’ organizations ensure that there is no discrimination between men and women as regards remuneration for work of equal value. The Government further states that awareness-raising programmes on the Employment Relations Promulgation (ERP), 2007, have been conducted by the Ministry with both employers and workers and their organizations, who are urged to review their systems, processes and provisions which call for change in accordance with the ERP. The Committee notes that the Government emphasizes that the process is still very young and that it is expected that the social partners will conduct this exercise in good faith without resorting to the Employment Relations Tribunal for determination of remuneration or amendment of collective agreements under section 80(2) and (3) of the ERP. According to the Government’s report, no application has been made so far to the Employment Relations Tribunal in this respect. The Committee asks the Government to provide information on any reviews undertaken by the social partners, including information on any application made to the Employment Relations Tribunal to obtain equal pay determinations or amendments to collective agreements. It further asks the Government to indicate if, during this process, any collective agreements have been revised to implement equal remuneration provisions in accordance with section 80(1) of the Employment Relations Promulgation 2007. Please provide examples of collective agreements clauses implementing the principle of equal remuneration for men and women for work of equal value.

Objective job evaluation. As regards the measures taken to promote the use of objective job evaluation methods based on the criteria listed in section 79, the Committee notes the Government’s reply that it is not yet in a position to conduct such objective job evaluations. The Committee further notes that the Government states that all the employers covered by collective agreements have been adopting a “market-based appraisal of jobs on the basis of work performed” which is non-discriminatory, and that other employers are required to comply with the equality provisions of the ERP. The Committee would welcome more details on how the market-based evaluation of jobs on the basis of work performed is applied in practice by the social partners, including information on the criteria used to determine the value of the work performed, and its results with regard to equality of remuneration between men and women for work of equal value.

Assessment of wage differentials. Statistical information. The Committee notes the Government’s commitment to supply statistical information on the remuneration received by men and women in the various sectors and occupations in its next report. Recalling that the collection and analysis of statistical data on men’s and women’s earnings are crucial in order to assess the wage differentials between men and women and take appropriate measures to reduce and eliminate them, the Committee urges the Government to provide such information in its next report.