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Equal Remuneration Convention, 1951 (No. 100) - French Polynesia

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

Previous comment

Articles 1 to 4 of the Convention. Appraise and eliminate the gender wage gap and its underlying causes. The Committee notes the statistical data provided by the Government on the distribution of women and men by sector of activity which indicate persistent occupational segregation. Regarding the data on wages, the Committee particularly notes that for 2018, the average full-time equivalent monthly net wage for men was F CFP268,000 and F CFP258,000 for women, amounting to 3.7 per cent less – the same average differential as in 2017. The Committee notes however that this slight average wage gap does not reflect the real gender wage gap – as indicated in “Points Etudes et Bilans de la Polynésie française, No. 1268” (French Polynesian studies and reports, No. 1268), published by the Statistical Institute of French Polynesia (ISPF) based the 2018 Employment Survey. That document stresses the persistence of gender wage gaps despite close average wages. Effectively, according to the Government, women represent 46 per cent of employees in the public sector where wages are higher – while only 47 per cent of women work, compared to 60 per cent of men (2022 Employment Survey) and, according to the ISPF, for those with higher education diplomas, the 2022 gender wage gap was 18.5 per cent. The Committee also notes the Government’s indication that disparities in remuneration are connected to the different categories of employment and to the concentration of feminine employment in cleaning, the arts and the administration. In that connection, the Committee refers to its direct request concerning the application of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), regarding occupational gender segregation. The Committee requests the Government to provide information on the gender wage gaps in the different private sector activities, and on the measures taken to examine and treat their causes, such as the concentration of women in certain sectors or in lower wage jobs.

Articles 2 and 3. Minimum wages. Objective job evaluation. The Committee notes the Government’s indication that, in sectors of activity covered by a collective agreement, jobs are generally categorized according to an occupational classification by type of personnel and on the basis of skill levels, and that minimum wages are fixed by these sectoral collective agreements for each category of job. In this connection, the Committee wishes to recall that in its 2012 General Survey on the fundamental Conventions, it stresses that as women generally predominate in low-wage employment, and a uniform national minimum wage system helps to raise the earnings of the lowest paid, the system has an influence on the relationship between men and women’s wages and on reducing the gender pay gap. It adds that as a result of such occupational segregation, special attention is needed in the design or adjustment of sectoral minimum wage schemes to ensure that the rates fixed are free from gender bias, and in particular that certain skills considered to be “female” are not undervalued. The Committee recalls that the Convention does not prescribe any specific method for such an examination, but Article 3 presupposes the use of appropriate techniques for objective job evaluation, comparing factors such as the skills required to accomplish a given task, effort to be expended as well as responsibilities and working conditions at the work post. In that regard, collaboration between employers and workers is particularly important for determining and weighting the criteria for job evaluation (see the 2012 General Survey, paragraphs 683, 695–696 and 705–706). The Committee requests the Government to indicate measures taken to ensure that employers’ and workers’ organizations, when setting or adjusting minimum wages in collective agreements: (1) take account of the principle of equal remuneration for men and women workers for work of equal value; and: (2) use objective job evaluation methods free from gender bias. It also requests the Government to provide information on the methods used by the social partners to fix or adjust minimum wages.

Enforcement. Labour inspectorate. The Committee notes that the Government simply reiterates that: (1) no pay disparities have been reported to the labour inspectorate nor recorded by labour controllers; and: (2) there are no disputes in this respect. It nonetheless wishes to stress in this connection that the low number of violations observed, or complaints made does not mean that there is no gender wage gap in French Polynesia. Given the statistical data revealing the persistent gender wage gap, the Committee again encourages the Government to conduct awareness-raising activities for labour inspectors on matters related to the wage gap. It requests the Government to provide information on any preventive or supervisory measure applied by the labour inspectorate to promote and ensure respect for the principle of equal remuneration for men and women for work of equal value. The Committee requests the Government to send all extracts of inspection reports recording any wage gaps and copies of any court decisions relating to this issue.

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Articles 1 and 2 of the Convention. Application in practice of the principle of equal remuneration for men and women. Measures to combat the underlying causes of the wage gap. In its previous comment, the Committee urged the Government to take the necessary steps to promote access for girls and women to education and vocational training in branches enabling access to skilled and better paid jobs, to combat social stereotypes of certain types of work as being more suitable for men than women and traditional stereotypes regarding the role of women in society, and to establish mechanisms to allow both women and men to achieve a better work–life balance. It also requested the Government to continue sending statistical information on the distribution of men and women in the various sectors of activity and on their respective wages. The Committee notes that the statistical data provided by the Government on the distribution of men and women by sector of activity as well as on average full-time equivalent wages by sex and sector of activity (by year) indicate that: (1) occupational segregation persists; women, who made up 45.4 per cent of all employees in 2017, were under-represented in certain sectors (7.7 per cent of employees in the construction sector and 24.8 per cent in industry), but 73.5 per cent of employees in the health and social services sector and 65.6 per cent in the financial activities and insurance sector; (2) the overall wage gap between men and women in 2017 was 3.7 per cent, a decrease of one percentage point from 2014; and (3) in the above-mentioned sectors that predominantly employ women, the wage gap in 2017 was 30.1 per cent in the health and social services sector (32.3 per cent in 2014) and 24.1 per cent in the financial activities and insurance sector (23.8 per cent in 2014). The Committee also notes the Government’s statements that women have more formal qualifications than men, but work less and occupy less influential positions. However, women are more often found in trades that were previously practised only by men. The Government recognizes that it lacks the objective data and in-depth studies to inform public strategies relating to gender equality. Beginning in 2019, it plans to work on: (1) a training initiative for the heads of public departments and institutions; (2) the development of an indicators framework harmonized with that of the Pacific countries and territories; (3) the collection and formalization of gender-disaggregated analyses; (4) the adoption of a decision requiring all sectors to produce gender-specific data; and (5) the creation of an equality observatory for centralizing and disseminating statistical and qualitative data. The Committee requests the Government to continue providing information, including statistical information, on the distribution of women and men in the various sectors of activity and on their respective wages. It also requests the Government to provide information on the implementation of all the measures planned for 2019 referred to above. Lastly, it once again requests the Government to provide information on any other measures to promote access for girls and women to education and vocational training in branches where they are under-represented, combat traditional stereotypes regarding the role of women in society and establish mechanisms enabling both women and men to achieve a better work–life balance.

Article 3. Objective job evaluation. The Committee previously requested the Government to indicate the measures adopted to promote the use of objective job evaluation methods. Noting that the Government reiterates the information provided in its previous report, the Committee is bound to once again draw the Government’s attention to the difference between performance appraisal, which aims to evaluate the way in which a worker performs his or her duties, and objective job evaluation, which seeks to measure the relative value of jobs with varying content on the basis of the tasks to be accomplished. Objective job evaluation is concerned with evaluating the job, not the individual worker. Although the Convention does not determine any particular method for undertaking such an evaluation, Article 3 presupposes the use of appropriate techniques for objective job evaluation, comparing factors such as the skills required to accomplish the tasks concerned, the effort involved, and the responsibilities and working conditions in the post or job in question (2012 General Survey on the fundamental Conventions, paragraphs 695–696). The Committee once again requests the Government to indicate the measures adopted to promote, especially for the social partners, the use of objective job evaluation methods, as provided for in Article 3 of the Convention, with a view to ensuring that the principle of equal remuneration for men and women for work of equal value is reflected in any methods for determining or revising job or post classifications and consequently in pay scales.

Enforcement. The Committee notes that the Government has once again indicated that pay disparities have not been reported to the labour inspectorate nor recorded by labour controllers, and that there are no disputes in this respect. In view of the statistical data indicating the persistence of a gender wage gap, the Committee once again encourages the Government to conduct awareness-raising activities for labour inspectors on this subject. It requests the Government to provide information on any prevention or enforcement measures adopted by the labour inspectorate to promote and enforce the principle of equal remuneration for men and women for work of equal value. The Committee requests the Government to send extracts of inspection reports recording any pay disparities and copies of any court decisions relating to this issue.

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments initially made in 2016.

Repetition

Articles 1 and 2 of the Convention. Application in practice of the principle of equal remuneration for men and women. Measures to combat the underlying causes of the wage gap. The Committee notes the statistics provided by the Government on the distribution of men and women by sector of activity and also on average wages for full-time work by sex and by sector of activity (per year), which show that the gender wage gap (4.6 per cent in 2014) only decreased by 0.4 per cent between 2011 and 2014. The Committee also notes that in certain sectors where women predominate – such as health and social work, on the one hand, and financial activities and insurance, on the other – the respective gaps were 32 and 23.8 per cent. The Government indicates that the gender wage gap is partly the result of vocational guidance, with men predominating in certain occupations involving responsibility or requiring higher qualifications. The Committee recalls that as wage discrimination cannot be tackled effectively unless action is taken simultaneously to deal with its sources, it is important to address equal remuneration in the context of the more general rights and protections regarding equality and non-discrimination. It emphasizes that this approach is reflected in the Equal Remuneration Recommendation, 1951 (No. 90), which refers to facilitating the application of the Convention through such measures as ensuring equal access to facilities for vocational guidance, employment counselling, vocational training and placement; encouraging women to use these facilities; providing welfare and social services; and promoting equality between men and women as regards access to occupations and posts. With a view to reducing the gender wage gap by effectively combating occupational segregation, the Committee urges the Government to take the necessary steps to promote access for girls and women to education and vocational training in branches enabling access to skilled and better paid jobs, in order to combat social stereotypes of certain types of work as “male” or “female” and traditional stereotypes regarding the role of women in society, and to establish facilities to enable both women and men to achieve a better work–life balance. The Committee requests the Government to provide information on any measures taken in this respect and to continue providing statistical information on the distribution of men and women in the various sectors of activity and also on their respective wages.

Article 3. Objective job evaluation. The Committee notes the Government’s indications that jobs are categorized according to an occupational classification by type of staff and skill levels, formal qualifications, and experience or vocational training acquired, which determine levels of knowledge and ability for occupying the post in question. The Government also indicates that a description may be included of the nature of the work, autonomy and the responsibilities involved. The Committee draws the Government’s attention to the difference that exists between performance appraisal, which aims to evaluate the way in which a worker performs his or her duties, and objective job evaluation, which seeks to measure the relative values of jobs with varying content on the basis of the tasks to be accomplished. Objective job evaluation is concerned with evaluating the job, not the individual worker. Although the Convention does not determine any particular method for undertaking such an evaluation, Article 3 presupposes the use of appropriate techniques for objective job evaluation, comparing factors such as the skills required to accomplish the tasks concerned, the effort involved, and responsibilities and working conditions in the post or job in question (see 2012 General Survey on the fundamental Conventions, paragraphs 695–696). The Committee requests the Government to indicate the measures taken to promote, especially vis-à-vis the social partners, the use of objective job evaluation methods, as provided for in Article 3 of the Convention, with a view to ensuring that the principle of equal remuneration for men and women for work of equal value is reflected in any methods for determining or revising job or post classifications and consequently pay scales.

Enforcement. The Committee notes, according to the information provided by the Government, that pay disparities are not recorded by or reported to the labour inspectorate and there are no legal proceedings relating to this matter. In view of the statistical data showing the persistence of a gender pay gap, the Committee encourages the Government to conduct awareness-raising activities for labour inspectors on this matter. It also requests the Government to provide information on any prevention or enforcement measures adopted by the labour inspectorate to promote and secure respect for the principle of equal remuneration for men and women for work of equal value. The Committee also requests the Government to send extracts of inspection reports recording any pay disparities and copies of any court decisions relating to this issue.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Articles 1 and 2 of the Convention. Application in practice of the principle of equal remuneration for men and women. Measures to combat the underlying causes of the wage gap. The Committee notes the statistics provided by the Government on the distribution of men and women by sector of activity and also on average wages for full-time work by sex and by sector of activity (per year), which show that the gender wage gap (4.6 per cent in 2014) only decreased by 0.4 per cent between 2011 and 2014. The Committee also notes that in certain sectors where women predominate – such as health and social work, on the one hand, and financial activities and insurance, on the other – the respective gaps were 32 and 23.8 per cent. The Government indicates that the gender wage gap is partly the result of vocational guidance, with men predominating in certain occupations involving responsibility or requiring higher qualifications. The Committee recalls that as wage discrimination cannot be tackled effectively unless action is taken simultaneously to deal with its sources, it is important to address equal remuneration in the context of the more general rights and protections regarding equality and non-discrimination. It emphasizes that this approach is reflected in the Equal Remuneration Recommendation, 1951 (No. 90), which refers to facilitating the application of the Convention through such measures as ensuring equal access to facilities for vocational guidance, employment counselling, vocational training and placement; encouraging women to use these facilities; providing welfare and social services; and promoting equality between men and women as regards access to occupations and posts. With a view to reducing the gender wage gap by effectively combating occupational segregation, the Committee urges the Government to take the necessary steps to promote access for girls and women to education and vocational training in branches enabling access to skilled and better paid jobs, in order to combat social stereotypes of certain types of work as “male” or “female” and traditional stereotypes regarding the role of women in society, and to establish facilities to enable both women and men to achieve a better work–life balance. The Committee requests the Government to provide information on any measures taken in this respect and to continue providing statistical information on the distribution of men and women in the various sectors of activity and also on their respective wages.

Article 3. Objective job evaluation. The Committee notes the Government’s indications that jobs are categorized according to an occupational classification by type of staff and skill levels, formal qualifications, and experience or vocational training acquired, which determine levels of knowledge and ability for occupying the post in question. The Government also indicates that a description may be included of the nature of the work, autonomy and the responsibilities involved. The Committee draws the Government’s attention to the difference that exists between performance appraisal, which aims to evaluate the way in which a worker performs his or her duties, and objective job evaluation, which seeks to measure the relative values of jobs with varying content on the basis of the tasks to be accomplished. Objective job evaluation is concerned with evaluating the job, not the individual worker. Although the Convention does not determine any particular method for undertaking such an evaluation, Article 3 presupposes the use of appropriate techniques for objective job evaluation, comparing factors such as the skills required to accomplish the tasks concerned, the effort involved, and responsibilities and working conditions in the post or job in question (see 2012 General Survey on the fundamental Conventions, paragraphs 695–696). The Committee requests the Government to indicate the measures taken to promote, especially vis-à-vis the social partners, the use of objective job evaluation methods, as provided for in Article 3 of the Convention, with a view to ensuring that the principle of equal remuneration for men and women for work of equal value is reflected in any methods for determining or revising job or post classifications and consequently pay scales.

Enforcement. The Committee notes, according to the information provided by the Government, that pay disparities are not recorded by or reported to the labour inspectorate and there are no legal proceedings relating to this matter. In view of the statistical data showing the persistence of a gender pay gap, the Committee encourages the Government to conduct awareness-raising activities for labour inspectors on this matter. It also requests the Government to provide information on any prevention or enforcement measures adopted by the labour inspectorate to promote and secure respect for the principle of equal remuneration for men and women for work of equal value. The Committee also requests the Government to send extracts of inspection reports recording any pay disparities and copies of any court decisions relating to this issue.

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

Legislative developments. The Committee notes that territorial Act No. 2011-15 of 4 May 2011 concerning the codification of labour law in French Polynesia came into force on 1 August 2011 and that it does not change the legal framework that previously applied with regard to equal remuneration.

Articles 1 and 2 of the Convention. Application in practice of the principle of equal remuneration for men and women. The Committee notes the statistical information supplied in the Government’s report concerning the distribution of men and women by sector of activity and also the equivalent average wages for full-time work by sex and by sector of activity. It notes that in 2011 women were predominantly employed in the tertiary sector (92 per cent of the female active population) especially in the health and social services sector (74 per cent of the workforce in the sector), finance and insurance (63 per cent) and hotels and catering (60 per cent). The statistics provided also show that the gap in average wage (full-time equivalent) for men and women, to the disadvantage of women, was substantial in certain sectors: 32 per cent in the health and social services sector; 26 per cent in finance and insurance; and 16 per cent in hotels and catering. However, the Committee notes that, for all sectors combined, the average overall gender pay gap decreased from 7.2 per cent in 2009 to 5 per cent in 2011. In its report the Government merely indicates that sections Lp. 3312-1 to Lp. 3312-4 of territorial Act No. 2011-15 govern equal remuneration for men and women. The Committee recalls that giving legislative effect to the principle of equal remuneration for men and women for work of equal value is important but not sufficient for achieving the goal of the Convention. It is also important to deal with the persistent underlying causes of pay discrimination. A comprehensive approach to the reduction and elimination of pay disparity between men and women involving societal, political, cultural and labour market interventions is required (General Survey on the fundamental Conventions, 2012, paragraphs 710–711). The Committee therefore urges the Government to take the necessary steps to reduce the gender pay gap and improve access for women to a more diversified range of jobs, including in sectors where they are absent or under-represented, and at all levels. The Committee asks the Government to supply information on progress made, and to continue to send statistical information concerning the distribution of men and women in the various sectors of activity and their respective wages.

Article 3. Objective job evaluation. In its previous comment the Committee asked the Government to indicate the steps taken to encourage objective job evaluation and ensure that part-time work is not disproportionately underpaid in comparison to full-time work. In its report the Government indicates that section Lp. 1233-8 of territorial Act No. 2011-15 ensures equal remuneration for part-time and full-time employees. The Committee again asks the Government to supply information on the steps taken to promote the development and use of objective job evaluation in the private and public sectors, and to indicate the manner in which it ensures that part-time work is not disproportionately underpaid in comparison to full-time work.

Enforcement. In the absence of a reply from the Government on this point, the Committee again asks the Government to supply detailed information on the enforcement and prevention activities of the labour inspectorate with regard to equal remuneration for men and women for work of equal value. The Government is also requested to send extracts of inspection reports recording any pay disparities and also any court decisions relating to this matter.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition
Articles 2 and 4 of the Convention. Application of the principle of equal remuneration for men and women. The Committee notes the statistics supplied by the Government on trends in the average wage of employees, by sector of activity and sex, between 2004 and 2008. It notes in particular that between 2004 and 2007 there was virtually no change in the gap between men’s and women’s average wages across all sectors (approximately 10 per cent) and that it even widened in 2008, rising to 13 per cent. The statistics also show that the average wages of men are higher in all sectors except construction and public administration. The Government further indicates that women’s hourly pay is still lower than that of men in all age groups.
In its previous comments the Committee noted that negotiation in the various sectors and enterprises might be one of the topics covered by the tripartite working groups responsible for modernizing and codifying labour law, in which case there would be an opportunity to address the matter of equal remuneration for men and women. ... It furthermore notes that, according to the Government, equal remuneration is not a subject the social partners deal with specifically and that the Government, for its part, has focused its action on local employment because of the economic situation.
In view of the fact that the gap between men’s and women’s average wages persists and has even worsened recently, the Committee asks the Government to take the necessary steps, in cooperation with the workers’ and employers’ organizations, to effectively reduce and eliminate the wage gap between men and women for work of equal value. ... In this connection, the Committee once again asks the Government to provide specific information on the supervisory and preventive activities conducted by labour inspectors to reduce remuneration differentials between men and women.
Objective job evaluation. In the absence of a reply from the Government on this point, the Committee is bound to repeat its request for information on the manner in which the Government encourages an objective evaluation of jobs in the public and private sectors, and on the measures taken to ensure that part-time work is not underpaid disproportionately in comparison to full-time work. The Committee also asks the Government to continue to send statistical information on men’s and women’s wages in the various sectors of the economy.

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

Articles 2 and 4 of the Convention. Application of the principle of equal remuneration for men and women. The Committee notes the statistics supplied by the Government on trends in the average wage of employees, by sector of activity and sex, between 2004 and 2008. It notes in particular that between 2004 and 2007 there was virtually no change in the gap between men’s and women’s average wages across all sectors (approximately 10 per cent) and that it even widened in 2008, rising to 13 per cent. The statistics also show that the average wages of men are higher in all sectors except construction and public administration. The Government further indicates that women’s hourly pay is still lower than that of men in all age groups.

In its previous comments the Committee noted that negotiation in the various sectors and enterprises might be one of the topics covered by the tripartite working groups responsible for modernizing and codifying labour law, in which case there would be an opportunity to address the matter of equal remuneration for men and women. The Committee notes that the plan for the modernization of the Labour Code which was to be undertaken in the context of a social pact between employers and workers had been abandoned in favour of a Bill to codify the Labour Code on the basis of existing law. The Committee understands that the codification Bill has still not been adopted. It furthermore notes that, according to the Government, equal remuneration is not a subject the social partners deal with specifically and that the Government, for its part, has focused its action on local employment because of the economic situation.

In view of the fact that the gap between men’s and women’s average wages persists and has even worsened recently, the Committee asks the Government to take the necessary steps, in cooperation with the workers’ and employers’ organizations, to effectively reduce and eliminate the wage gap between men and women for work of equal value. The Government is also asked to indicate how supervision of the application of section 2 of Decision No. 91–4 AT of 17 January 1991 which provides, in accordance with the Convention, for equal remuneration for men and women for work of equal value, is ensured. In this connection, the Committee once again asks the Government to provide specific information on the supervisory and preventive activities conducted by labour inspectors to reduce remuneration differentials between men and women.

Objective job evaluation. In the absence of a reply from the Government on this point, the Committee is bound to repeat its request for information on the manner in which the Government encourages an objective evaluation of jobs in the public and private sectors, and on the measures taken to ensure that part-time work is not underpaid disproportionately in comparison to full-time work. The Committee also asks the Government to continue to send statistical information on men’s and women’s wages in the various sectors of the economy.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

1. Articles 2 and 4 of the Convention. Application of the principle of the Convention by collective agreements. In its previous comments, the Committee noted the Government’s indication that draft legislation would be proposed to the social partners concerning the application in practice of the principle of equal remuneration for work of equal value by means of collective agreements. The Committee notes that the text envisaged on the application of the principle of the Convention has not been prepared and that, following a proliferation of social disputes, the Government has proposed a social pact to the workers and employers. The Committee also notes that, in the context of this social pact, a tripartite group will be assigned the task of modernizing and codifying labour regulations, and that negotiation in the various sectors and enterprises might be one of the subjects covered by the tripartite working groups, which would enable the issue of equal pay between men and women to be addressed. The Committee hopes that the Government will ensure that, in the context of the social pact, the tripartite working groups focus in their discussions on the application in practice of the principle of equal remuneration for work of equal value, particularly by means of collective agreements. The Committee encourages the Government to continue social dialogue on this issue and asks it to supply information on all measures adopted by the tripartite groups to give full effect in law and in practice to the provisions of the Convention.

2. Objective evaluation of jobs. In its previous comments, the Committee noted that the hourly wage for women was slightly higher than for men in the under-30 age group. The Committee also noted the Government’s indication that wage gaps between men and women were partly due to the greater presence of women in part-time work. The Committee notes that, contrary to the information in the previous report, the Government underlines that the hourly wage for women in 2006 was lower than that of men in all age categories, including for the under‑30 age group. Moreover, the Committee observes that in the sectors where women constitute a large proportion of the work force (education, health and social action, community services, domestic services, etc.), women’s pay is less on average than that received by men as is also the case in most other sectors of activity. In view of this information, the Committee draws the Government’s attention to the fact that an objective evaluation of jobs in the public and private sector would make for better identification of cases in which men and women, despite performing work of equal value, do not receive equal pay. In this respect, the Committee refers to paragraphs 138–150 of its 1986 General Survey on equal remuneration, in which it explains the various methods of job evaluation and the use thereof to apply the principle of the Convention. The Committee also draws the Government’s attention to its general observation of 2006, in particular paragraph 5. The Committee asks the Government to supply information on the way in which the Government encourages an objective evaluation of jobs in the public and private sectors. Moreover, the Committee asks the Government to supply information on the measures taken to ensure that part-time work is not underpaid in a way that is disproportionate to full-time work. The Committee also asks the Government to continue supplying statistical information on the wages of men and women in the various sectors of activity.

3. Application of the law. The Committee notes that the labour inspectorate conducts visits to workplaces in order to monitor the application of the principle of the Convention. The Committee also notes that the labour inspectorate informs workers and employers on the provisions of labour law and actively participates in the handling of individual disputes. The Committee notes further that no complaints with regard to wage discrimination have been brought before the labour inspectorate and that no judicial decisions concerning the application of the Convention have been issued by the courts. The Committee asks the Government to supply precise information on the activities and inspections conducted by the labour inspectorate and also on the manner in which the authorities promote the application of the principle of equal remuneration for work of equal value, for example by organizing awareness and information campaigns. The Committee asks the Government to continue to keep it informed of any decisions issued by the competent authorities with regard to equal remuneration.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

1. Articles 2 and 4 of the Convention. Application of the principle by collective agreements. The Committee notes the Government’s statement that a draft text will be submitted to the social partners concerning the effective application of the principle of remuneration for men and women for work of equal value through collective agreements, and asks the Government to keep it informed of any developments in this regard. Noting further the salary grids set by various collective agreements for the different economic branches and professional categories, the Committee would be grateful if the Government could provide, as far as possible, information on the number of men and women that are employed in the various sectors and occupations covered by these agreements.

2. Wage gap between men and women. The Committee thanks the Government for the statistics on the average monthly and hourly wages of men and women for the year 2003 according to age. It notes that, while the hourly wages of women are slightly higher than those of men in the age categories up to 30 years of age, the monthly wages of women are consistently lower than men’s and the wage gap between men and women increases significantly with age. The Government explains in its report that the wage differentials between men and women are not necessarily due to discrimination at the recruitment stage but rather develop and widen throughout their careers. Noting that the Government also attributes the salary differentials between men and women to the fact that more women work part-time, the Committee asks the Government to indicate the measures taken to ensure that part-time employment is not disproportionately under-remunerated in relation to full-time employment. Please also continue to provide statistical information on the wages of men and women in the various sectors and occupations, and on the measures adopted or envisaged to increase women’s participation in full-time and higher status positions, as a means to reduce wage inequalities.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the Government’s report for French Polynesia, including the copies of collective agreements, and it requests information on the following points.

1. The Committee takes note of the indication provided by the Government that statistical information on remuneration, disaggregated by sex, would be published in October 2003 and that this data would be transmitted to the Office.

2. The Committee asks the Government to provide information on the number of cases and type of allegations that have been brought to the attention of the labour inspectorate in relation to the violation of the principle of equal remuneration between men and women for work of equal value and the action taken in those cases.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the Government’s brief report for French Polynesia.

The Committee notes that the guaranteed minimum inter-occupational wage (SMIG) was revised to FCFP 627.13 under Order No. 512 CM of 17 April 2002. It asks the Government to continue providing information on the measures adopted for the promotion of the principle of equal remuneration for work of equal value. It also asks the Government to provide statistical information on remuneration, disaggregated by sex, in order to enable the Committee to assess the application in practice of the principle of equal remuneration for men and women workers for work of equal value.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes the Government’s report and the monthly wage tables for 1993 to 2000.

The Committee notes the Government’s indication in the report to the effect that the progressive raising of the guaranteed minimum inter-occupational wage (SMIG) to reach FCFP100,000 in October 1999, pursuant to Deliberation No. 96-152 AFP of 5 December 1996, at the request of the social partners, has been complied with and reached the prescribed level in 1999. It asks the Government to continue to supply information on the measures adopted for the promotion of equality between men and women in Polynesia with future reports.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

The Government's report contains detailed information concerning the progression in the minimum wage (SMIC) and in wages in various sectors of activity. The numerous collective agreements appended to the report contain salary scales and classifications according to professional category. The French Polynesian Institute of Statistics has also issued extensive data which is appended to the report. In accordance with section 18 of Act No. 86-845 of 17 July 1986 relating to the general principles of the right to work and to the organization and functioning of the labour inspectorate and industrial tribunals, these collective agreements establish wage scales according to professional category based on objective criteria, capacities resulting from experience acquired, responsibilities and intellectual or physical demands.

The Committee notes with interest that the Government's report contains full responses to the issues raised in the Committee's 1997 direct request. The Committee hopes that the Government will continue to provide information concerning the promotion of equality between men and women in French Polynesia.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes with regret that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. The Committee notes the Government's statement that there is no difference between men and women workers in relation to wages, either in the minimum wage (SMIC) established by the territorial regulations or in the minimum wages determined in collective agreements. The Committee would be grateful if the Government would indicate in its next report the measures which have been taken to guarantee that, in the determination of wages which are higher than the compulsory minimum wage, account is duly taken of the principle of equal remuneration between men and women workers for work of equal value. It also requests the Government to supply copies of the most recent collective agreements which establish wages above the level of minimum wages, with an indication, where possible, of the percentage of women covered by these collective agreements and the distribution of men and women workers at the various wage levels.

2. The Committee notes the Government's statement that the laws and regulations relating to equality of remuneration and occupational equality between men and women workers, and in particular Deliberation No. 91-004 of 17 January 1991, appear to be appropriately applied. It adds, however, that in practice it is noted that positions of responsibility and high-level managerial positions are rarely occupied by women. The Committee would be grateful if the Government would supply recent statistics indicating the distribution of men and women at the various levels and in positions of responsibility in the public administration and in public and private enterprises in which a large number of women are employed, as well as information on the measures which have been taken or are envisaged to encourage employers to offer women workers the same possibilities as men in terms of recruitment, promotion and appointment to positions of responsibility.

3. The Committee notes with interest that, by virtue of section 5 of the above Deliberation of 17 January 1991, an order was adopted on 14 May 1993 to establish the list of jobs and occupational activities for which being of one sex or the other is a decisive requirement. It requests the Government to supply a copy of the order, which was mentioned as being appended to the report, but which has not been received.

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

With reference to its previous direct requests, the Committee notes the information supplied by the Government in its report.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

1. The Committee notes with interest from the Government's reply to its previous direct request, that the classifications and collective agreements will be updated so as to bring their provisions into line with the Act of 17 July 1986. It asks the Government to provide information in its next report on progress made in this respect, along with copies of the most recent collective agreements.

2. The Committee also asks the Government to provide a copy of Deliberation No. 91-4/AT of 17 January 1991.

Observation (CEACR) - adopted 1992, published 79th ILC session (1992)

Further to its previous comments, the Committee notes with satisfaction that section 18 of Act No. 86-845 of 17 July 1986 concerning the general principles of labour law and the organisation and operation of the labour inspectorate and labour tribunals in French Polynesia guarantees equal remuneration for women and men for the same work or for work of equal value and provides that "jobs are considered as having an equal value when, taken as a whole, they require of workers comparable qualifications, diploma or equivalent experience, ability gained through experience, responsibilities and physical or mental demands".

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee notes that the Government's report contains no reply to its previous comments. It hopes that the next report will provide full information on the points raised in the previous direct request, which read as follows:

1. In its previous comments, the Committee noted that job classifications are established by collective agreements in accordance with levels of training and occupational knowledge, without distinction between male and female jobs, and that local orders carry out the occupational classification of workers in the various branches of activity, as necessary.

The Committee examined some of the above orders and noted that certain jobs appearing in the orders are entered in accordance with the sex of the person holding them. After noting, from the Government's statements, that the territory was not yet ready to establish new terminologies for jobs and occupations, it requested the Government to take measures to encourage the social partners to revise the job classification system in order to base it on an objective appraisal of the work to be performed with a view to promoting the principle of equal remuneration for work of equal value, in accordance with Articles 2 and 3 of the Convention.

In its last report, the Government indicates that such a revision could be examined within the framework of the tripartite agreement between the territorial government and employers' and workers' organisations that was signed on 10 July 1984. This agreement seeks to create a high-level territorial committee for co-ordination and consultation in the field of employment, vocational training and social promotion.

The Committee notes this information with interest and hopes that the next report will contain information on any measures taken in this respect. The Committee also requests the Government, as it has in t he past, to transmit copies of the most recent collective agreements and of local orders issued concerning occupational classifications.

2. The Committee also notes that the Bill respecting the general principles of labour law and the organisation and operation of the labour inspectorate and labour tribunals in French Polynesia was submitted to the Senate some time ago. The Committee hopes that the Government will not fail to transmit a copy of this as soon as it is enacted, as it stated it would in its report.

3. The Committee also refers to section 91 of the Labour Code (overseas territories) which requires, in order to apply the principle of equal remuneration, "equal conditions, as regards work, skill and output", whereas in the terms of the Convention equal remuneration for men and women workers shall be provided for work of "equal value". (In this connection please see the explanations given in paragraphs 20 to 23 and 52 to 70 of the Committee's General Survey of 1986 on Equal Remuneration.)

The Committee therefore requests the Government to indicate how effect is given to the principles set forth in the Convention, particularly in cases where in practice men and women perform work of a different nature but of equal value.