Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

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

Minimum wage fixing. The Committee notes that on the basis of the proposals made by the wages councils, new wage regulation orders (WRO) came into effect in May 2011, fixing minimum hourly wage rates for ten sectors. In its previous comment, the Committee asked the Government to indicate the methods and criteria used to determine the minimum wage rates for the different occupations and industries. The Committee notes the Government’s indication that the wages councils review the minimum wage rates in light of economic criteria such as the basic needs poverty line (BNPL); the time elapsed since wage rates were last adjusted; the inflation rate over the same period; and the financial capacity of undertakings, but also according to the skills and experience of a worker for each job category and the level of occupational hazard. It also notes the Government’s statement that the criteria set out in Article 3 of the Minimum Wage Fixing Convention, 1970 (No. 131), will be taken into consideration in the next review of the WRO. However, the Committee notes that in its concluding observations of 16 September 2010, the Committee on the Elimination of Discrimination Against Women (CEDAW) expressed concerns regarding the existence of significant wage differentials between men and women workers and underscored the low level of remuneration of women employed in sectors and industries not requiring high qualifications, such as the garment industry, agriculture, the fisheries industry and craftwork (CEDAW/C/FJI/CO/4, 16 September 2010, paragraph 30). The Committee asks the Government to provide information on how it is ensured in practice that such criteria currently applied, including skills and experience required and the level of occupational hazard, are free from gender bias and that female-dominated occupations are not undervalued in comparison with those undertaken by men who are performing different work which is nevertheless of equal value. The Committee also asks the Government to provide information on any steps taken or envisaged to address the low levels of wages in the garment industry, agriculture, the fisheries industry and craftwork.

Furthermore, the Committee notes that the national minimum wage has not yet been adopted. It also notes the Government’s explanation that negotiations have stalled because of the need to reconcile vast cultural and economic differences across the country. However, the Committee understands that a national minimum wage survey was commissioned at the end of 2011 to obtain critical information on the existing terms and conditions of employment, including wage levels in the various sectors of the economy with a view to making an informed determination on the appropriate level of the minimum wage and the relevant review mechanism to be adopted. The Committee asks the Government to provide information on any progress achieved in the introduction and implementation of a national minimum wage, including the status of the national minimum wage survey.

Collective agreements and cooperation with employers’ and workers’ organizations. The Committee notes from the Government’s report that in reviewing their systems, processes and provisions, the social partners have not so far resorted to the Employment Relations Tribunal in order to determine remuneration or amend collective agreement provisions, as foreseen in section 80(2) and (3) of the Employment Relations Promulgation (ERP), 2007. The Government also indicates that under section 79(3) of the ERP, any instrument (including individual contracts of employment and collective agreements) containing gender-discriminatory wage rates is null and void. Moreover, the Registrar of Trade Unions, who reviews the conformity of collective agreements with the ERP before registering them (section 166(4) of the ERP), has not yet reported any case of a collective agreement in contravention of the ERP equal remuneration provisions. The Committee also notes the Government’s indication that it is currently intensifying the implementation of its awareness-raising programmes on the prohibition of all forms of discrimination in employment and occupation. The Committee asks the Government to provide information on the process of reviewing collective agreements in light of the principle of equal remuneration for men and women for work of equal value and to indicate if, during the process, any collective agreements have been revised to implement equal remuneration provisions. It also asks the Government to provide information on the implementation of its awareness-raising programmes and the impact on the introduction of gender issues in wage negotiations.

Objective job evaluation. In its previous comment, the Committee noted the Government’s indication that it was not yet in a position to conduct objective job evaluations based on the criteria set out under section 79 of the ERP. It also noted the Government’s statement that all employers covered by collective agreements had adopted a market-based appraisal of jobs on the basis of the work performed and asked for more details on the manner in which this method was applied in practice. The Government indicates that such method uses purely economic data, collected by private audit firms, to define a benchmark remuneration of any given job position according to the supply and demand in the relevant market. It adds that the method is also used in the public sector. The Committee considers that evaluating jobs solely on the basis of such market-based appraisals entails a risk that the remuneration attributed to a job may not reflect the real value of the work performed, which, in a gender-segregated labour market, could result in the undervaluation of jobs predominantly or exclusively undertaken by women. The Committee also points out that in the context of the Convention, the term “value” refers to the worth of a job for the purpose of computing remuneration and indicates that something other than market forces should be used to ensure the application of the principle as market forces may be inherently gender-biased. In this regard, the Committee recalls that Article 3 of the Convention presupposes the use of appropriate techniques for objective job evaluation to determine value, comparing factors such as skills, effort, responsibilities and working conditions (see General Survey on fundamental Conventions, 2012, paragraphs 674–675). The Committee therefore encourages the Government to establish and promote methods for the objective evaluation of jobs free from gender bias, ensuring that the selection of factors for comparison, the weighing of such factors and the actual comparison carried out are not discriminatory, either directly or indirectly. It further asks the Government to report on the progress achieved in this respect, including any measures taken to implement section 79 of the ERP.

Assessment of the gender pay gap. Statistical information. Further to its previous comment in which it noted the Government’s commitment to supply statistical information on the remuneration received by men and women in the various sectors and occupations, the Committee notes the Government’s indication that due to limited resources, the last census conducted at the national level dates from 2007 and that the Government has since been using partial statistics collected on the basis of door-to-door surveys on specific topics. Emphasizing once again the paramount importance of collecting and analysing statistical data on men’s and women’s earnings in order to assess the gender pay differentials and take appropriate measures to eliminate them, the Committee urges the Government to provide such information in its next report. Furthermore, the Committee strongly encourages the Government to undertake a national study to determine the nature, extent and causes of the gender pay gap that may exist both in the private and the public sectors.

Enforcement. The Committee asks the Government to provide information on any cases dealt with by the labour inspectorate, the courts or other competent bodies regarding compliance with the ERP equal remuneration provisions.