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

Equal Remuneration Convention, 1951 (No. 100) - Tokelau

Article 2 of the Convention. Determination of salaries in the public service. The Committee recalls section 3.1(c) of the Human Resources Manual for the Public Service, according to which employers may, in exceptional cases, place an employee on any salary step that they deem fit, notwithstanding the normal salary range applying to the position. The Committee notes the Government’s reply that salaries are not determined on the basis of gender and that salaries of new employees are based on experience and qualifications; scale increments are based on the satisfactory conduct and performance of duties of the employee (section 3.3(c)). The Committee notes further the Government’s statement that the review of the Human Resources Manual for the Public Service would be a very good opportunity to discuss employment and salary matters. The Committee asks the Government to make every effort to ensure that the revision of the Human Resources Manual for the Public Service will take duly into account the principle of equal remuneration for men and women for work of equal value and that it will be ensured that employers cannot discriminate between male and female employees when deciding on additional salary steps or increments. Please provide information on any developments in this regard.

The Committee notes the statistics on the distribution of women and men in the higher level posts of the Tokelau public service, indicating that there are 13 men and nine women occupying established senior posts, with five men and three women in the posts of directors and general managers; no women have been appointed as managers. The Committee further notes that, according to the Government, pay differences between women and men for the same position may arise in situations where female senior officials are recruited locally and male senior officials are recruited from outside Tokelau. The Committee asks the Government to indicate the basis for paying different salaries for the same position to senior officials coming from outside Tokelau, and for which component of the remuneration (basic wage and any additional allowances) the differences exist. Please continue to provide statistical information on the distribution of men and women in all grades and levels of the public service.

Application of the principle in the private sector. The Committee notes that the General Fono endorsed the National Policy and Action Plan for Women
2010–15 in March 2010, and that the Government intends to send a copy of the Policy and Plan to the ILO once the process is concluded. The Committee notes the Government’s indication that the Policy includes a section on equal economic participation of men and women, but that no specific section has been included on equal remuneration as this issue was not addressed by the women of Tokelau during the consultations. The Committee asks the Government to provide information on the implementation of measures aimed at improving the economic participation of women in the private sector that may assist in promoting the principle of equal remuneration for men and women for work of equal value.