Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

Equal Remuneration Convention, 1951 (No. 100) - Papua New Guinea (Ratification: 2000)

The Committee notes with deep concern that the Government’s report, due since 2017, has not been received. In light of its urgent appeal launched to the Government in 2020, the Committee proceeds with the examination of the application of the Convention on the basis of the information at its disposal.

Articles 1 and 2 of the Convention. Definition of remuneration. Equal remuneration for men and women for work of equal value. Legislation. The Committee recalls that, for years, it has been requesting the Government to take measures to ensure that both the final draft of the Industrial Relations Bill as well as the revision of the Employment Act of 1978: (1) contain a definition of remuneration which includes the ordinary, basic or minimum wage or salary and any additional emoluments whatsoever, payable directly or indirectly, whether in cash or in kind, by the employer to the worker and arising out of the worker’s employment; and (2) provide for equal remuneration for men and women for work of equal value (and not only for equal, the same or similar work), in conformity with the Convention. The Committee notes with deep concern that neither the Industrial Relations Bill nor the revision of the Employment Act of 1978 have been enacted to date. Noting that once again the latest Decent Work Country Programme 2018–22 has set as one of its top priorities the revision of the Industrial Relations Act and the Employment Act, the Committee urges the Government to avail itself of the technical assistance of the Office for this purpose in order to be in a position to report progress in the near future regarding the labour law reform, in particular with regard to the provisions which are not in conformity with the principle of the Convention.

Article 2. Methods of wage determination. In the absence of any updated information, the Committee reiterates its requests to the Government to provide: (i) information on the methods used by the Industrial Registrar to assess the gender neutrality of wage determinations made through collective agreements; (ii) copies of collective agreements including provisions on equal remuneration or on wage determinations.

Article 3. Objective job evaluation. The Committee recalls that, in response to the Government’s statement that women are part of the appraisal process in whatever capacities they occupy in the respective organizations that conduct appraisals of jobs, it had: (1) pointed out 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; and (2) asked the Government to provide information on the appraisals of jobs conducted and the methods and criteria used both in the private and public sectors. In this regard, the Committee recalls that 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 inherently discriminatory, as skills considered to be “female”, such as manual dexterity and those required in caring professions, are often undervalued or even overlooked, in comparison with traditionally “male” skills, such as heavy lifting (see General Survey of 2012 on the fundamental Conventions, paragraph 701). In the absence of any information in this regard, the Committee again requests the Government to provide information on: (i) job evaluation methods used to determine remuneration rates in the public sector and the measures taken to ensure that they are free from gender bias; and (ii) any measures taken to promote the use of objective job evaluation methods and criteria that are free from gender bias (such as qualifications and skills, effort, responsibilities and conditions of work) in the private sector. Please provide a copy of the salary scales and schemes of public sector employees as well as indications of the number of men and women respectively employed in each of the salary scales.

Enforcement. The Committee, once again, requests the Government to provide information on any awareness-raising or training activity undertaken by the Office of the Industrial Registrar or otherwise specifically to promote knowledge and foster understanding of the principle of equal remuneration for men and women for work of equal value. It also requests the Government to provide information on any administrative or judicial decisions relating to equal remuneration.

Statistics. Recalling that collecting and analysing data on the position and pay of men and women in all job categories, within and between sectors, is required to determine and address the nature and extent of the remuneration gap between men and women, the Committee once again requests the Government to provide statistical information on the distribution of men and women in the different sectors of economic activity, job categories and positions, and their corresponding earnings.