Solicitud directa (CEACR) - Adopción: 2012, Publicación: 102ª reunión CIT (2013)

Convenio sobre igualdad de remuneración, 1951 (núm. 100) - Samoa (Ratificación : 2008)

The Committee notes the first report from the Government. The Committee notes in particular that the Government indicates that a new Labour and Employment Relations Bill (2011) is being developed in consultation with employers’ and workers’ representative organizations and with ILO assistance, to replace the current Labour and Employment Act, 1972. The Committee asks the Government to provide detailed information on any development concerning the adoption of the Labour and Employment Relations Bill (2011), especially with respect to the issues that are dealt with in the following paragraphs.

Scope of application. The Committee notes that, according to section 2 of the Labour and Employment Act, 1972, managerial personnel are not considered as workers and thus are not covered by the provisions of the law. Moreover, section 3 provides that the law does not apply either to the service of Samoa, the service rendered to a matai (traditional authority) and any service or class of service which may be excepted by order of the Minister published in the Samoa Gazette and the Savail. The Committee further notes that the Labour and Employment Relations Bill (2011) maintains the exclusions enumerated and that it also excludes agricultural undertakings (section 3(1)) (see in this respect the direct request concerning the application of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111)). The Committee recalls that no provision in the Convention limits its scope of application as regards individuals or branches of activities. The Committee asks the Government to provide information on the manner in which it is ensured that those categories of workers excluded from the scope of the Labour and Employment Act, 1972 and the Labour and Employment Relations Bill (2011) have the right to equal remuneration for men and women for work of equal value. In case the application of the principle of the Convention is not provided for otherwise for these categories of workers, the Committee asks the Government to consider including these categories within the scope of application of the Labour and Employment Relations Bill (2011).

Article 1(a) of the Convention. Remuneration. The Committee notes that the concepts of remuneration and wages are provided for in the Labour and Employment Act, 1972. The Committee further notes that according to section 2 of the Labour and Employment Relations Bill (2011) “remuneration includes the ordinary, basic or minimum wage or salary and any additional emoluments payable by the employer to the employee and arising out of the employee’s employment”. The Committee asks the Government to consider, to ensure further clarity, adding a specific reference to “whether in cash or in kind, direct or indirect” in section 2 of the Labour and Employment Relations Bill (2011). Furthermore, taking into account that the Public Service Act, 2004, does not provide for a definition of remuneration, the Committee also asks the Government to indicate what is considered remuneration in the public service.

Article 1(b). Equal remuneration for work of equal value. Private sector. The Committee notes that the Labour and Employment Act, 1972, does not provide for the principle of equal remuneration for men and women for work of equal value. The Committee notes that section 20(4) of the Labour and Employment Relations Bill (2011) provides that “every employer shall pay male and female employees equal remuneration for work of equal value”. However, section 19(1) of the same Bill refers to “like work” that is narrower than the principle established in the Convention. Taking into account that section 20(4) of the Labour and Employment Relations Bill (2011) reflects the principle of the Convention, in order to avoid confusion caused by the apparent contradiction, the Committee asks the Government to take steps to ensure that section 19(1) is deleted from the Bill.

Public service. The Committee notes that the Public Service Act, 2004, regulates terms and conditions of employment including pay but does not provide for the principle of the Convention. Taking into account that the Labour and Employment Relations Bill (2011) does not cover public servants, the Committee asks the Government to adopt the necessary measures so as to ensure that the principle of the Convention is also applied to them.

Article 2. Minimum wages. The Committee notes that section 19 of the Labour and Employment Act, 1972, provides that the Head of State, with the advice of Cabinet, may from time to time prescribe the minimum wages to be paid in any industry. An advisory committee on minimum wages may be appointed eventually. The Committee asks the Government to indicate the manner in which this provision is implemented and how it is ensured that in the setting of minimum wages, work performed in industries where women are predominant is not undervalued in comparison with work carried out in industries in which men predominate. The Committee also invites the Government to consider the possibility of including a provision in the Labour and Employment Relations Bill (2011) making one of the objectives of the minimum wage setting to be that of ensuring the principle of equal remuneration for work of equal value.

Collective bargaining. The Committee asks the Government to indicate the role of collective bargaining in wage fixing generally, and more specifically in ensuring and promoting the principle of equal remuneration for men and women for work of equal value.

Public service. Wage determination. The Committee notes that the Public Service Act, 2004, does not contain any provision concerning the principle of equal remuneration for men and women workers for work of equal value. The Committee further notes the Government’s indication that the application of the Public Service Act, 2004, is supervised by the Public Service Commission. Section 24 of the Act provides that this Commission must determine the occupational classes of employees, divide each occupational class into grades on the basis of a job classification system determined by the Commission, and determine the minimum and maximum salaries for each grade and annual incremental steps that apply to each grade. The Government further indicates that this Commission has regard to the principles of gender balance and natural justice in their recruitment and selection criteria. The Committee further notes the Government’s indication according to which the Remuneration Tribunal, established pursuant to the Remuneration Tribunal Act, 2003, is aimed at providing advice to the Government concerning salaries, allowances and other benefits to be paid to certain holders of public office and other persons and to enable the Head of State to set the salaries, allowances and other benefits to be paid to certain holders of public office. The Committee asks the Government to provide additional information on the implementation of section 24 of the Public Service Act, 2004, in particular on how it is ensured that the classification is carried out without any gender bias. Please provide copies of job classifications carried out, indicating how many women and men are currently occupying the different posts in the public service, as well as the respective wage levels. The Committee also requests the Government to provide information on the application of the Remuneration Tribunal Act, 2003, and whether, and to what extent the principle of the Convention is applied in the advice provided and recommendations implemented.

Taking into account that neither the Public Service Act, 2004, nor the Remuneration Tribunal Act, 2003, contain a specific provision concerning the principle of equal remuneration for men and women for work of equal value, the Committee asks the Government to adopt appropriate measures so as to ensure the full respect for this principle in the public service.

Article 3. Objective job evaluation. Public service. The Committee notes that according to section 6 of the Remuneration Tribunal Act, 2003, when inquiring on salaries, allowances and other benefits to be paid to the holders of public offices the Tribunal shall have regard to the comparative status and work value of the public offices and other offices. The Committee asks the Government to provide information on the manner in which the Remuneration Tribunal Act, 2003, is implemented in practice, indicating in particular how many public servants, disaggregated by sex, are covered by this Act. Please provide copies of concrete cases of advice provided in the framework of this Act, including the comparison among public offices carried out according to section 6 of the Act, and the final decisions adopted by the Government in this respect.