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

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

Previous comment

Articles 1 to 4 of the Convention. Assessing and addressing the gender pay gap and its underlying causes. The Committee recalls that appropriate data and statistics are crucial in determining the nature, extent and causes of discrimination and unequal remuneration, to set priorities and design appropriate measures, to monitor and evaluate the impact of such measures, and make any necessary adjustments. Accordingly, the Committee encourages the Government to take the necessary steps to ensure that data, disaggregated by sex, are collected and analysed in future. It asks the Government to provide: (i) the fullest possible statistical information currently available, disaggregated by sex, on the distribution of men and women in the public and private sectors, if possible, by sector of economic activity or occupational category, and their respective average earnings as well as any official study on the current gender pay gap and its underlying causes; and (ii) information on any measures taken to address occupational gender segregation as one of such causes of the gender pay gap.

Article 2(2)(b). Minimum wages. The Committee notes the Government’s indication in its report, that following the introduction of the National Minimum Wage (NMW) in 2014, three upward revisions were carried out in 2015, 2017 and 2022. Since 2022, the NMW and the 10 sectoral wages (Building and Civil and Electrical Engineering Trades, Hotel and Catering Trades, Manufacturing Industry, etc.) were increased and implemented in four tranches (ranging from FJD$3.01 to 3.34, 3.67 and 4.00 in January 2023 (US$2)). It further notes that the Government states that there are no segregated rates for men and women and that all workers are treated equally, and rates are equally applied, and refers to the National Gender Policy which advocates the promotion of “gender aware minimum wage policies”. The Committee observes that this is not sufficient to address effectively the gender pay gap. It also notes that no information is provided on the method and criteria used to determine the different sectoral minimum wages The Committee wishes to recall that, as women predominate in low-wage employment, and a uniform national minimum wage system helps to raise the earnings of the lowest paid, it has an influence on the relationship between men and women’s wages and on reducing the gender pay gap. It also draws the Government’s attention to the general tendency to set lower wages for sectors predominantly employing women and the need to pay special attention in the design or adjustment of sectoral minimum wage schemes to ensure that the rates fixed are free from gender bias and certain skills considered to be “female” are not undervalued or even overlooked, in comparison with traditionally “male” skills (see 2012 General Survey on the fundamental Conventions, paragraph 683). Therefore, the Committee asks once again the Government to indicate the manner in which it is ensured: (i) that the minimum wage rates for the abovementioned sectors are fixed based on objective criteria, free from gender bias, and (ii) that work in sectors with a high proportion of women, including the garment sector, is not being undervalued in comparison with work in sectors in which men are predominantly employed.

Articles 2(2)(c) and 4. Collective agreements and cooperation with employers’ and workers’ organizations. The Committee notes that the Government’s report does not contain information in reply to its previous request. Recalling the important role that can be played by collective agreements in the application of the principle of the Convention, it is therefore bound to reiterate its request for information on whether and how, cooperation or joint activities of the Government and the social partners have been undertaken to promote the application of the principle of equal remuneration for men and women for work of equal value, including in the Employment Relations Advisory Board, and the results achieved .

Article 3. Objective job evaluation. With reference to its observation, the Committee notes that the Government does not provide any information on this point and recalls that the effective implementation of the principle of the Convention requires some method of measuring and comparing the relative value of different jobs held by men and women, through an examination of the respective tasks involved, undertaken on the basis of entirely objective and non-discriminatory criteria, such as skills, effort, responsibilities and working conditions. Measures for the objective evaluation of jobs can be taken at the enterprise, sectoral or national level, in the context of collective bargaining, as well as through wage-fixing mechanisms (see 2012 General Survey, paragraph 695). The Committee asks the Government to provide information on any measures taken to promote, develop and implement practical approaches and methods for the objective evaluation of jobs, both in the public and private sectors, based on criteria that are free from gender bias, such as qualifications and skills, effort, responsibilities and conditions of work, with a view to ensure the effective implementation of the principle of the Convention.

Awareness-raising and enforcement. The Committee notes the Government’s indication that, the Ministry of Employment, Productivity and Industrial Relations (MEPIR) has not received any case on discrimination in rates of remuneration of women against men but, further to its compliance inspections at workplaces, it has recovered a total of FJD$3,462 (approximately US$1,500) as arrears of wages and other minimum entitlements for workers. The Committee asks the Government to provide information on: (i) the enforcement activities of the labour inspectorate specifically concerning pay inequalities between men and women; (ii) any cases or complaints concerning unequal remuneration dealt with by the courts, or other competent bodies as well as on the sanctions imposed and remedies granted; and (iii) any specific awareness activities envisaged or carried out on the principle of equal remuneration for men and women for work of equal value among workers, employers, enforcement officials and any other competent authorities.

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

Previous comment

Articles 1(b) and 2(2)(a) of the Convention. Equal remuneration for work of equal value. Legislation. For a number of years, the Committee has been asking the Government to take the necessary measures to ensure that the principle of equal remuneration for men and women for work of equal value is duly reflected in section 78 of the Employment Relations Act (ERA). The Committee reiterates that the 2015 amendments to section 78 of the ERA, to which the Government refers once again in its report, restrict equal remuneration to “persons of the same or substantially similar qualifications employed in the same or substantially similar circumstances” and therefore does not give full effect to the principle set out in the Convention. The Committee also notes that the National Gender Policy, to which the Government refers in its report, advocates the promotion of laws and policies which recognise the right to equal pay for equal work. The Committee emphasizes that the concept of “work of equal value” permits a broad scope of comparison, including, but going beyond equal remuneration for “equal”, “the same” or “similar” work, and also encompasses work that is of an entirely different nature, which is nevertheless of equal value overall. It further draws the Government’s attention to the fact that “work of equal value” for men and women can: (1) be performed under different working conditions; (2) require different qualifications or skills; (3) require different levels of effort; and (4) involve different responsibilities. When determining the value of different jobs, the value does not have to be the same with respect to each factor. Determining the value is about the overall value of the job when all the factors are taken into account together. While factors such as “qualifications” and “circumstances” mentioned in section 78 of the ERA are clearly relevant in determining the value of jobs for the purpose of equal remuneration, they do not have to be the “same” or “substantially similar” and may not be sufficient to assess the overall value of jobs. The Committee therefore stresses the importance of assessing the “value” – that is, namely the worth of a job for the purpose of determining remuneration – through objective job evaluation, which is used to establish classifications of jobs and the corresponding salary scales without gender bias. While the Convention does not prescribe any specific method for such an examination, Article 3 presupposes the use of appropriate techniques for objective job evaluation, comparing factors such as skill, effort, responsibilities and working conditions. It also makes it clear that differential rates between workers are compatible with the principle of the Convention if they correspond, without regard to sex, to differences determined by such evaluation. In light of the above, the Committee urges once again the Government to: (i) take the necessary measures to ensure that the principle of equal remuneration for men and women for work of equal value is duly reflected in the Employment Relations Act, and (ii) ensure that the determination of work of equal value is based on an objective job evaluation, using criteria such as qualifications and skills, responsibility, efforts and conditions of work.

The Committee is raising other matters in a request addressed directly to the Government.

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

Articles 1 and 2 of the Convention. Minimum wage fixing. The Committee previously noted the introduction, in 2014, of the first National Minimum Wage (NMW) initially set at 2.00 Fijian dollars (FJD) (0.93 United States Dollar, US$) per hour and raised, effective since 1 July 2015, to FJD2.32 per hour (US$1.08). The Committee also noted that ten sectoral minimum wages were maintained. However, the Committee noted that workers in the garment industry, who are mostly women, are only entitled to a minimum wage of FJD2.24 per hour (US$1.05), less than the National Minimum Wage, whereas, in other industries which are typically male dominant the minimum wage is considerably higher (for example, FJD 3.15 per hour (US$1.47) in the manufacturing industry and FJD3.10 per hour (US$1.45) for an unskilled worker in the building and engineering trades). The Committee asked the Government to provide information on how it is ensured that the criteria currently applied (including skills, experience or level of occupational hazard) are free from gender bias in practice 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 asked the Government to provide information on the implementation of the National Minimum Wage and to assess its impact on the gender pay gap. The Committee welcomes the Government’s indication in its report that pursuant to the Wages (Garment Industry) (Amendment) Regulations, 2017, the minimum hourly wage rate for garment industry workers was increased from FJD2.24 (US$1.05) to FJD2.68 (US$1.25), that is above the National Minimum Wage. It notes that the last review and increase were reflected in the ten sectoral minimum wages maintained, such as for example, Building and Civil and Electrical Engineering Trades, Hotel and Catering Trades, Manufacturing Industry, etc. The Committee observes that the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) in its 2018 concluding observations was concerned about the fact that women are frequently subject to occupational segregation with concomitant wage differentials, are concentrated in lower-paid jobs, the informal economy or unpaid work and, that even within the same industry, the wage differential persists” (CEDAW/C/FJI/CO/5, 14 March 2018, para.39). The Committee asks the Government to indicate the manner in which it is ensured that the minimum wage rates for the abovementioned sectors are fixed, based on objective criteria, free from gender bias, and that work in sectors with a high proportion of women, including the garment sector, is not being undervalued in comparison with work in sectors in which men are predominantly employed.

Articles 2(2)(c) and 4. Collective agreements and cooperation with employers’ and workers’ organizations. The Committee previously asked the Government to provide information on how the Registrar of Trade Unions takes into account the principle of the Convention when reviewing collective agreements and to provide examples of collective agreements, which implement the equal remuneration provisions. The Government states that, in conformity with section 149 of the Employment Relations Act 2007, gender equality is taken into account within the gambit of good faith employment relations while negotiating for a collective agreement. The Government also indicates that awareness raising campaigns on gender equality and equal remuneration for work of equal value were conducted for employers and workers of the ten sectors for which there is a sectoral minimum wage. Recalling the important role that can be played by collective agreements in the application of the principle of equal remuneration for men and women for work of equal value, the Committee requests the Government to indicate: (i) the manner in which it is ensured that, in determining wage rates in collective agreements, the work performed by women is not being under evaluated in comparison to that of men who are performing different work and using different skills, and that the mechanisms of wage fixing adopted by companies were free from gender bias; and (ii) whether and how any forms of cooperation or joint activities of the Government and the social partners have been undertaken to promote the application of the principle of the Convention and the results obtained.

Objective job evaluation. Noting that the Government does not provide information on this point, the Committee asks again the Government to provide information on the conclusions of the Employment Relations Advisory Board (ERAB) mechanism to ensure compliance with ILO fundamental Conventions, especially with regard to the promotion of objective job evaluations and the implementation of section 79 of the Employment Relations Act.

Statistical information. The Committee takes note of the statistical information provided by the Government that, in 2019, there was a significant gender differential between the labour force participation rate of men (76.4 per cent) and that of women (37.4 per cent); between the unemployment rate of men (2.9 per cent) and that of women (7.8 per cent); and between the number of persons engaged in paid or unpaid work (234,059 men and 106,680 women). The Committee requests the Government to provide detailed statistical information on the rates of remuneration of men and women in employment, disaggregated by sex, activity sector and occupational category.

Enforcement. The Committee notes the Government’s repeated indication that most cases dealt with by the labour inspectorate relate to the payment of wages under the Wages Regulation Orders for the ten sectors for which there is a sectoral minimum wage and under the National Minimum Wage. The Committee requests the Government to provide detailed information on the number, nature and outcome of any cases or complaints concerning inequality of remuneration dealt with by the labour inspectors, the courts, or other competent bodies as well as on the sanctions imposed and remedies granted.

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

Article 1(b) of the Convention. Work of equal value. Legislation. The Committee previously urged the Government to amend section 78 of the Employment Relations Promulgation (ERP) of 2007, which does not comply with the principle of the Convention as it restricts the comparison of remuneration to men and women holding the “same or substantially similar qualifications” employed in the “same or substantially similar circumstances”. The Committee notes the Government’s indication in its report that section 78 of the Employment Relations Act 2007 was amended in 2015 as follows: “An employer must not refuse or omit to offer or afford a person the same rate of remuneration as are made available for persons of the same or substantially similar qualifications employed in the same or substantially similar circumstances on work of that description for any reason […]”. The Committee notes with deep regret that these amendments to section 78 continue to restrict equal remuneration to “persons of the same or substantially similar qualifications employed in the same or substantially similar circumstances”. The Committee recalls once again that equal pay legislation should not only provide for equal remuneration for equal, the same or similar work, but should also address situations where men and women perform different work, requiring different qualifications and involving different circumstances, that is nevertheless work of equal value (see 2012 General Survey on the fundamental Conventions, paragraph 673). The Committee once again urges the Government to take the necessary measures to ensure that the principle of equal remuneration for men and women for work of equal value is duly reflected in section 78 of the Employment Relations Act.

The Committee is raising other matters in a request addressed directly to the Government.

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

The Committee notes that the Government’s report contains no reply to its previous comments. It hopes that the next report will contain full information on the matters raised in its previous comments initially made in 2015.

Repetition

Minimum wage fixing. The Committee notes with interest the introduction, in 2014, of the first National Minimum Wage (NMW) initially set at 2.00 Fijian dollars (FJD) per hour and raised, effective since 1 July 2015, to FJD2.32 per hour. The Committee notes that to ensure that all workers have the right to “a just minimum wage” as required under section 33 of the Constitution, the Ministry of Labour, Industrial Relations and Employment has maintained the ten sectoral minimum wages while complementing this wage policy with the introduction of the NMW. The Committee recalls that the wage regulation orders (WRO) came into effect in May 2011, fixing minimum hourly wage rates for ten sectors. In its previous report, the Government indicated that to set the wage rates per sector, 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. However, the Committee notes that workers in the garment industry, where mostly women are employed, are only entitled to a minimum wage of FJD2.24 per hour, less than the NMW. The Committee further notes that in other industries which are typically male dominant the minimum wage is considerably higher, such as FJD3.15 per hour in the manufacturing industry or FJD3.10 per hour for an unskilled worker in the building and engineering trades. While the Committee welcomes the Government’s efforts to set minimum wage standards, it recalls the existence of a tendency to set lower wages for sectors predominantly employing women and that 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 (see General Survey on the fundamental Conventions, 2012, paragraph 683). The Committee therefore requests the Government to provide information on how it is ensured in practice that the 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 requests the Government to provide information on the implementation of the NMW and to assess its impact on the gender pay gap.

Collective agreements and cooperation with employers’ and workers’ organizations. The Committee notes the Government’s indications that all collective agreements are vetted by the Registrar of Trade Unions before they are registered, and are therefore in compliance with the Employment Relations Promulgation (ERP) of 2007. While taking note of the Government’s indication that no conflict in the negotiation process has arisen, the Committee recalls the importance for governments to take the necessary steps with the social partners to ensure that collective agreements observe the principle of equal remuneration for men and women for work of equal value (see General Survey on the fundamental Conventions, 2012, paragraphs 680 and 681). The Committee requests 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 provide examples of collective agreements which implement the equal remuneration provisions. Recalling the Government’s awareness-raising programmes, the Committee requests the Government to provide information on the implementation of such programmes and the impact on the introduction of gender issues in wage negotiations.

Objective job evaluation. The Committee recalls the Government’s indication that it had not yet been able to conduct objective job evaluations based on the criteria set out in section 79 of the ERP. The Committee notes the Tripartite Agreement dated 25 March 2015 signed between the Government, the Fiji Trades Union Congress (FTUC) and the Fiji Commerce and Employers’ Federation (FCEF) in which the parties acknowledge that the review of the ERP will be conducted by the Employment Relations Advisory Board (ERAB) mechanism to ensure compliance with the ILO fundamental Conventions. The Committee further notes from the Government’s report that the ERAB mechanism is in the process of addressing employment issues arising from section 79 of the ERP. The Committee requests the Government to provide information on the conclusions of the ERAB mechanism, especially in relation to the promotion of objective job evaluations and the implementation of section 79 of the ERP.

Assessment of the gender pay gap Statistical information. Noting the lack of information in this regard, the Committee once again emphasizes 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, and urges the Government to provide such information. 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 Government indicates that most cases dealt with by the labour inspectorate relate to the payment of wages under the WRO or the NMW. The Committee asks the Government to provide further detailed information on such cases, the remedies awarded and the sanctions imposed, and on any other cases dealt with by the labour inspectorate, the courts or other competent bodies regarding compliance with the ERP equal remuneration provisions.

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

The Committee notes that the Government’s report contains no reply to its previous comments. It is therefore bound to repeat its previous comments initially made in 2015.

Repetition

Article 1(b) of the Convention. Work of equal value. Legislation. The Committee recalls that section 78 of the Employment Relations Promulgation (ERP) of 2007 does not give full legislative expression to the principle of the Convention as it restricts the comparison of remuneration to men and women holding the “same or substantially similar qualifications” employed in the “same or substantially similar circumstances”. The Committee notes the Government’s indication that a bill to amend the ERP is before the Parliamentary Standing Committee on Justice, Law and Human Rights. However, the Committee notes with regret that the proposed amendments to section 78 continue to restrict equal remuneration to “persons of the same or substantially similar qualifications employed in the same or substantially similar circumstances”. The Committee recalls that equal pay legislation should not only provide for equal remuneration for equal, the same or similar work, but should also address situations where men and women perform different work, requiring different qualifications and involving different circumstances, that is nevertheless work of equal value (see 2012 General Survey on the fundamental Conventions, paragraph 673). The Committee urges the Government to take these comments into account and make the necessary changes to section 78 of the ERP so as to give full legislative expression to the principle of equal remuneration for men and women for work of equal value, and to provide information on the progress made in this respect.

The Committee is raising other points in a request addressed directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Minimum wage fixing. The Committee notes with interest the introduction, in 2014, of the first National Minimum Wage (NMW) initially set at 2.00 Fijian dollars (FJD) per hour and raised, effective since 1 July 2015, to FJD2.32 per hour. The Committee notes that to ensure that all workers have the right to “a just minimum wage” as required under section 33 of the Constitution, the Ministry of Labour, Industrial Relations and Employment has maintained the ten sectoral minimum wages while complementing this wage policy with the introduction of the NMW. The Committee recalls that the wage regulation orders (WRO) came into effect in May 2011, fixing minimum hourly wage rates for ten sectors. In its previous report, the Government indicated that to set the wage rates per sector, 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. However, the Committee notes that workers in the garment industry, where mostly women are employed, are only entitled to a minimum wage of FJD2.24 per hour, less than the NMW. The Committee further notes that in other industries which are typically male dominant the minimum wage is considerably higher, such as FJD3.15 per hour in the manufacturing industry or FJD3.10 per hour for an unskilled worker in the building and engineering trades. While the Committee welcomes the Government’s efforts to set minimum wage standards, it recalls the existence of a tendency to set lower wages for sectors predominantly employing women and that 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 (see General Survey on the fundamental Conventions, 2012, paragraph 683). The Committee therefore requests the Government to provide information on how it is ensured in practice that the 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 requests the Government to provide information on the implementation of the NMW and to assess its impact on the gender pay gap.

Collective agreements and cooperation with employers’ and workers’ organizations. The Committee notes the Government’s indications that all collective agreements are vetted by the Registrar of Trade Unions before they are registered, and are therefore in compliance with the Employment Relations Promulgation (ERP) of 2007. While taking note of the Government’s indication that no conflict in the negotiation process has arisen, the Committee recalls the importance for governments to take the necessary steps with the social partners to ensure that collective agreements observe the principle of equal remuneration for men and women for work of equal value (see General Survey on the fundamental Conventions, 2012, paragraphs 680 and 681). The Committee requests 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 provide examples of collective agreements which implement the equal remuneration provisions. Recalling the Government’s awareness-raising programmes, the Committee requests the Government to provide information on the implementation of such programmes and the impact on the introduction of gender issues in wage negotiations.

Objective job evaluation. The Committee recalls the Government’s indication that it had not yet been able to conduct objective job evaluations based on the criteria set out in section 79 of the ERP. The Committee notes the Tripartite Agreement dated 25 March 2015 signed between the Government, the Fiji Trades Union Congress (FTUC) and the Fiji Commerce and Employers’ Federation (FCEF) in which the parties acknowledge that the review of the ERP will be conducted by the Employment Relations Advisory Board (ERAB) mechanism to ensure compliance with the ILO fundamental Conventions. The Committee further notes from the Government’s report that the ERAB mechanism is in the process of addressing employment issues arising from section 79 of the ERP. The Committee requests the Government to provide information on the conclusions of the ERAB mechanism, especially in relation to the promotion of objective job evaluations and the implementation of section 79 of the ERP.

Assessment of the gender pay gap Statistical information. Noting the lack of information in this regard, the Committee once again emphasizes 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, and urges the Government to provide such information. 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 Government indicates that most cases dealt with by the labour inspectorate relate to the payment of wages under the WRO or the NMW. The Committee asks the Government to provide further detailed information on such cases, the remedies awarded and the sanctions imposed, and on any other cases dealt with by the labour inspectorate, the courts or other competent bodies regarding compliance with the ERP equal remuneration provisions.

Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

Article 1(b) of the Convention. Work of equal value. Legislation. The Committee recalls that section 78 of the Employment Relations Promulgation (ERP) of 2007 does not give full legislative expression to the principle of the Convention as it restricts the comparison of remuneration to men and women holding the “same or substantially similar qualifications” employed in the “same or substantially similar circumstances”. The Committee notes the Government’s indication that a bill to amend the ERP is before the Parliamentary Standing Committee on Justice, Law and Human Rights. However, the Committee notes with regret that the proposed amendments to section 78 continue to restrict equal remuneration to “persons of the same or substantially similar qualifications employed in the same or substantially similar circumstances”. The Committee recalls that equal pay legislation should not only provide for equal remuneration for equal, the same or similar work, but should also address situations where men and women perform different work, requiring different qualifications and involving different circumstances, that is nevertheless work of equal value (see General Survey on the fundamental Conventions, 2012, paragraph 673). The Committee urges the Government to take these comments into account and make the necessary changes to section 78 of the ERP so as to give full legislative expression to the principle of equal remuneration for men and women for work of equal value, and to provide information on the progress made in this respect.

The Committee is raising other points in a request addressed directly to the Government.

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

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.

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

Article 1 of the Convention. Work of equal value. Legislation. The Committee recalls its previous observation in which it noted that section 78 of the Employment Relations Promulgation (ERP), 2007, does not give full legislative expression to the principle of the Convention because it restricts the comparison of remuneration to men and women holding the “same or substantially similar qualifications” employed in the “same or substantially similar circumstances”. The Committee recalls that such legislation should not only provide for equal remuneration for equal, the same or similar work, but should also address situations where men and women perform different work, requiring different qualifications and involving different circumstances, that is nevertheless work of equal value (see General Survey on fundamental Conventions, 2012, paragraph 673). The Committee noted previously the Government’s reply that this issue would be referred to the Employment Relations Advisory Board for consideration. The Committee notes with regret, however, that the Government’s present report contains no information on this point. The Committee urges the Government to take the necessary steps to amend section 78 of the ERP so as to give full legislative expression to the principle of equal remuneration for men and women for work of equal value, and to provide information on the progress made in this respect.

The Committee is raising other points in a request addressed directly to the Government.

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

Minimum wages fixing. The Committee notes that nine wage regulation orders (WRO) were adopted in 2009, establishing minimum hourly rates of remuneration, by category of workers, in nine industries on the basis on the proposals made by the wages councils concerned. The Committee notes that, according to the Government’s report, continuous discussions and cooperation between the social partners are promoted within the wages councils to ensure the application of the principle of equal remuneration for men and women for work of equal value. The Government states that, with the observance of the Code of Good Faith in Collective Bargaining and the duty of good faith, employers and workers are expected to cooperate in applying the principle of equal remuneration for men and women for work of equal value in setting the minimum wages. The Committee observes, however, that the Government does not indicate how the wages councils have taken into consideration the principle of equal remuneration for work of equal value and does not specify the method and criteria used when they have determined minimum wages, in particular the basic minimum wage for each industry.

The Committee further notes the recommendation issued by the National Council for Building a Better Fiji (NCBBF) in the Report on the State of the Nation and the Economy (SNE Report) – reaffirmed in the Peoples Charter for Change, Peace and Progress of 2008 – according to which poverty will be reduced with a phased implementation of a national minimum wage (NMW) from 2009 to 2011 with full implementation by January 2012.

The Committee therefore asks the Government once again to indicate the methods and criteria used to determine the minimum wage rates for the different occupations and industries and how it is ensured that rates for jobs and professions predominantly or exclusively undertaken by women are not being undervalued in comparison with those undertaken by men who are performing different work which is nevertheless of equal value. The Committee further requests the Government to provide information on the progress made in the adoption and implementation of a national minimum wage.

Collective agreements and cooperation with employers’ and workers organizations. The Committee notes the Government’s indication that collective agreements concluded by workers’ and employers’ organizations ensure that there is no discrimination between men and women as regards remuneration for work of equal value. The Government further states that awareness-raising programmes on the Employment Relations Promulgation (ERP), 2007, have been conducted by the Ministry with both employers and workers and their organizations, who are urged to review their systems, processes and provisions which call for change in accordance with the ERP. The Committee notes that the Government emphasizes that the process is still very young and that it is expected that the social partners will conduct this exercise in good faith without resorting to the Employment Relations Tribunal for determination of remuneration or amendment of collective agreements under section 80(2) and (3) of the ERP. According to the Government’s report, no application has been made so far to the Employment Relations Tribunal in this respect. The Committee asks the Government to provide information on any reviews undertaken by the social partners, including information on any application made to the Employment Relations Tribunal to obtain equal pay determinations or amendments to collective agreements. It further asks the Government to indicate if, during this process, any collective agreements have been revised to implement equal remuneration provisions in accordance with section 80(1) of the Employment Relations Promulgation 2007. Please provide examples of collective agreements clauses implementing the principle of equal remuneration for men and women for work of equal value.

Objective job evaluation. As regards the measures taken to promote the use of objective job evaluation methods based on the criteria listed in section 79, the Committee notes the Government’s reply that it is not yet in a position to conduct such objective job evaluations. The Committee further notes that the Government states that all the employers covered by collective agreements have been adopting a “market-based appraisal of jobs on the basis of work performed” which is non-discriminatory, and that other employers are required to comply with the equality provisions of the ERP. The Committee would welcome more details on how the market-based evaluation of jobs on the basis of work performed is applied in practice by the social partners, including information on the criteria used to determine the value of the work performed, and its results with regard to equality of remuneration between men and women for work of equal value.

Assessment of wage differentials. Statistical information. The Committee notes the Government’s commitment to supply statistical information on the remuneration received by men and women in the various sectors and occupations in its next report. Recalling that the collection and analysis of statistical data on men’s and women’s earnings are crucial in order to assess the wage differentials between men and women and take appropriate measures to reduce and eliminate them, the Committee urges the Government to provide such information in its next report.

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

Legislation. In its previous observation, the Committee noted that the application of section 78 of the Employment Relations Promulgation, 2007, on unlawful discrimination in rates of remuneration would restrict the comparison of remuneration to men and women holding the “same or substantially similar qualifications” employed in the “same or substantially similar circumstances”. It pointed out that this may unduly limit the scope of comparison of remuneration received by men and women, since jobs might involve different “circumstances”, but may nevertheless be of equal value. The Committee notes the Government’s reply that this issue will be referred to the tripartite Employment Relations Advisory Board for consideration. The Committee therefore asks the Government once again to take the necessary measures to amend section 78 of the Employment Relations Promulgation, 2007, to give full effect to the principle of equal remuneration for men and women for work of equal value, in accordance with the Convention, and to provide information on the progress made in this respect.

The Committee is raising other points in a request addressed directly to the Government.

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

1. Minimum wage fixing. Recalling its previous comments concerning the Wage Regulation Orders for a number of sectors issued between 2002 and 2004, the Committee notes the Government’s indication that the Orders stipulate the minimum rates for each occupational group by industry and that the rates were paid according to the work performed irrespective of gender. The Committee emphasizes that where minimum wage rates are set by occupation and industry it is crucial to take specific measures to ensure that the rates set for female‑dominated occupations are not lower than the rates for male-dominated occupations, but which involve work of equal value. The Committee therefore asks the Government to indicate the methods and criteria used to determine the minimum wage rates for the different occupations and industries and the specific measures taken to ensure that the rates for female-dominated occupations are not set below the rates applying to male-dominated occupations involving work of equal value.

2. Objective job evaluation. The Committee notes that section 79 of the Employment Relations Promulgation 2007 sets out criteria to be applied when determining remuneration, including the degree of skill, effort and responsibility, as well as working conditions. The Committee asks the Government to indicate any measures taken to promote the use of objective job evaluation methods based on the criteria listed in section 79 with a view to ensuring the implementation of this provision in practice.

3. Statistical information. The Committee notes that the Government’s report contains no statistical information on the remuneration received by men and women in the various sectors and occupations. Recalling that the collection and analysis of statistical data on men’s and women’s earnings is crucial in order to review the progress made in reducing the gender pay gap, the Committee urges the Government to provide such information in its next report.

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

1. Legislative developments. The Committee notes that section 6(2) of the Employment Relations Promulgation 2007 published in the government Gazette on 2 October 2007 provides that “every employer shall pay male and female workers equal remuneration for work of equal value”. Part 9 of the Promulgation (“Equal Employment Opportunities”) contains further provisions with a view to “ensuring equal rates of remuneration for work of equal value” (section 74). Section 78 (“unlawful discrimination in rates of remuneration”) provides that “an employer must not refuse or omit to offer or afford a person the same rates of remuneration as are made for persons of the same or substantially similar qualifications employed in the same or substantially similar circumstances on work of that description for any reason including the gender of that person”.

2. The Committee recalls its 2006 general observation in which it made it clear that the concept of “work of equal value” includes but goes beyond equal remuneration for “equal”, the “same” or “similar” work, and also encompasses work that is of an entirely different nature, which is nevertheless of equal value. The Committee notes that the level of qualification, for instance the length of relevant experience or the level of a degree, may be used as an objective factor to determine remuneration for a particular occupation, but it may not be used to restrict the comparison of remuneration to men and women holding qualifications in the same or similar profession or occupation, which appears to be the effect of section 78 of the Employment Relations Promulgation. Further, comparing work performed by men and women under “the same or similar circumstances” may unduly limit the scope of comparison of remuneration received by men and women, since jobs might involve different “circumstances”, but may nevertheless be of equal value. The Committee asks the Government to amend section 78 of the Employment Relations Promulgation to bring it into conformity with the Convention and to provide information on the measures taken in this regard. It also asks the Government to provide information on any case or dispute concerning equal remuneration for men and women for work of equal value decided by the competent authorities under section 6(2) or part 9 of the Promulgation.

3. The Committee also notes that section 79 of the Employment Relations Promulgation provides for criteria to be applied to ensure equal pay when determining remuneration in collective agreements. Section 80(1) provides that “if an instrument in force at the commencement of this law: (a) provides separate provisions for remuneration of workers based on gender of workers; or (b) provides for the remuneration of female workers only, the parties must, within 12 months of the coming into force of this law review the instrument to implement equal pay” by determining the classifications of the work performed by the female workers in relation to the work performed by male workers and the rates of remuneration that would represent equal pay for each such classification. Section 80(2) and (3) allows for applications to be made to the Employment Relations Tribunal (within 12 months) where section 80(1) is not complied with. The Committee asks the Government to provide detailed information on the implementation in practice of sections 79 and 80 of the Employment Relations Promulgation, including information on any applications made to the Employment Relations Tribunal to obtain equal pay determinations or amendments to collective agreements.

The Committee is raising other matters in a request addressed directly to the Government.

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

The Committee notes the Government’s first and second reports on the application of the Convention and asks it to provide further information on the following points.

1. Articles 1 and 2 of the Convention. Work of equal value. The Committee notes that the further amended Industrial Relations Bill, which was handed over to the ILO in June 2004, contains a number of provisions on equal remuneration for men and women. While the Committee will examine the new legislation in detail as soon as it is adopted, it draws the Government’s attention to section 82 of the Bill. It appears that under this section, employers are required to pay equal rates of remuneration to men and women who have "the same or substantially similar qualifications" if they are employed "under the same or substantially similar circumstances". The Committee is concerned that this provision may be more restrictive than the principle contained in the Convention. The level of qualification, for instance the length of relevant experience or the level of a degree, may be used as an objective factor to determine remuneration, but it may not be used to restrict the comparison of remuneration received by men and women holding qualifications in the same or similar profession or occupation. Further, comparing work performed by men and women under "the same or similar circumstances" may unduly limit the scope of comparison of remuneration received by men and women, as jobs might involve different "circumstances", but may nevertheless be of equal value. It should be clarified that "same or similar circumstances" in this context means comparable skills, effort and responsibilities as used in section 83(1)(i). The Committee hopes that section 82 of the draft Bill will be revised accordingly, if necessary with the assistance of the ILO.

2. Minimum wage fixing. The Committee notes that a series of new Wage Regulation Orders for a number of sectors have been adopted between 2002 and 2004. It asks the Government to indicate the manner in which the principle of equal remuneration for men and women workers for work of equal value has been taken into account in the preparation of these orders. Please also indicate what progress has been made in reducing the gender wage gap in the industries covered by these Wage Regulation Orders.

3. Articles 2 and 4. Collective agreements and cooperation with social partners. The Committee asks the Government to provide information on how collective agreements apply the Convention, and to provide examples of collective agreements doing so. Noting that representatives of workers’ and employers’ organizations are members of the wage councils established under the Wage Councils Act, the Committee would appreciate receiving any further information on any cooperation with workers’ and employers’ organizations with a view to giving effect to the Convention.

4. Parts II and IV of the report form. Enforcement. The Committee asks the Government to provide information on the concrete measures taken by the competent authorities with regard to ensuring the application of laws and regulation on equal remuneration, including any relevant administrative and judicial decisions.

5. Part V of the report form. Statistical information. The Committee asks the Government to provide information on the remuneration received by men and women in the various sectors and occupations, as far as possible disaggregated by ethnicity, as to enable it to assess the progress made in reducing the gender pay gap.