Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Equal Remuneration Convention, 1951 (No. 100) - New Caledonia

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Articles 1–4 of the Convention. Appraising and eliminating gender pay gaps, including their underlying causes. Evolution of the legislation. The Committee notes the Government’s indication in its report that, according to the study of the New Caledonian labour market (2019 CAFAT (social security fund) data), the gender-based pay average is mostly unfavourable to women but in practice very few judgments have been handed down regarding the principle of equal remuneration for women and men. The data show that the average annual wage for women is less than that for men in all sectors. The Government adds that: (1) the persistence of occupational inequalities is due, among other things, to gender stereotypes which are the result and the cause of deep-rooted attitudes, values, standards and preconceptions towards women and men; and (2) real occupational equality between women and men has become a priority topic of major importance for New Caledonian society and has been the subject, in consultation with the social partners and civil society, of a draft territorial law. Also referring to its comments on the application of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), the Committee notes with interest that territorial Act No. 2023-3 promoting real occupational equality between women and men was adopted on 26 May 2023 and imposes the obligation to establish a three-year action plan within enterprises employing more than 50 workers, with the particular aim of eliminating gender pay gaps. The Committee also notes the detailed information provided by the Government concerning the new legislative framework and also the information contained in the report on Convention No. 111 on the activities undertaken and measures adopted to combat occupational segregation, one of the major causes of pay inequalities, gender stereotypes, discrimination and sexism. The Committee requests the Government to take steps: (i) to implement and disseminate the provisions relating to equal remuneration contained in territorial Act No. 2023-3 promoting real occupational equality between women and men; and (ii) to intensify awareness-raising actions focusing on the principle of the Convention for workers, employers and their respective organizations, officials responsible for the application of labour law, and the general public. The Committee requests the Government to continue adopting specific measures to combat occupational segregation between men and women, sexism and gender stereotypes, in the areas of vocational guidance and training and employment. Lastly, the Committee requests the Government to continue providing: (i) information on the measures taken and their impact on reducing wage gaps; and (ii) recent data on remuneration for women and men, the gender pay gap in the public and private sectors, if possible according to branch of activity and hierarchical level of posts occupied, and also, if applicable, any official study of the matter.

Articles 2(2)(a) and (c) and 4. Content of collective agreements. Legislation. Cooperation with workers’ and employers’ organizations. The Committee recalls that it drew the Government’s attention to the fact that section Lp. 334-26 of the New Caledonia Labour Code (CTNC), mentioned by the report, referred to provisions of collective agreements concerning mechanisms for applying the principle of “equal pay for equal work” and not the principle of “equal remuneration for work of equal value”, as established by section Lp. 141-1 of the CTNC and by the Convention. It notes the Government’s indication that it took note of the previous observation and that it emphasizes that the analysis of collective bargaining matters shows that the social partners do not negotiate on the subject of occupational equality. The Committee once again requests the Government to take the necessary steps to amend section Lp. 334-26 of the CTNC by incorporating the principle of equal remuneration for women and men for work of equal value. It also requests the Government to adopt specific measures to cooperate with the social partners to give effect to this principle established by the Convention and to provide information on this point.

Enforcement. Labour inspection. The Committee once again requests the Government to take the necessary steps to enable labour inspectors to perform their duties in terms of enforcing the labour legislation as it relates to equal remuneration for women and men for work of equal value, in particular territorial Act No. 2023-3, and to provide information on measures taken in this respect, particularly with regard to training.