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Equal Remuneration Convention, 1951 (No. 100) - Tokelau

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The Committee notes the observations of Business New Zealand and the New Zealand Council of Trade Unions (NZCTU) communicated with the Government’s report. Both organizations raise issues regarding the implementation of the Convention. The Committee notes more particularly that (1) the NZCTU questions whether the Convention is applied in Tokelau in any meaningful manner; and (2) Business New Zealand considers that the Convention tends to be too prescriptive to have strict relevance in Tokelau where the income is generally seen as household rather than individual income. The Committee takes note of these observations and wishes to recall, in that regard, that the obligation of any State in ratifying the Convention is to “promote” the application of the principle of equal remuneration for men and women for work of equal value by means appropriate to the methods in operation for determining rates of remuneration; and to “ensure” its application to all workers, insofar as this is consistent with such methods. While the Convention allows no compromise in the objective to be pursued, it provides flexibility regarding the measures to be used and the timing in achieving its objective (see General Survey of 2012 on the fundamental Conventions, paragraphs 659 and 670). The Committee asks the Government to provide information on any measures taken: (i) to raise public awareness of the principle of equal remuneration between men and women for work of equal value, in particular among workers, employers, their respective organizations, and enforcement officials; and (ii) to promote its application both in the public and private sectors, including with the cooperation of social partners.

Articles 1 and 2 of the Convention. Addressing the underlying causes of the gender pay gap. Occupational segregation. The Committee notes, from the 2016 Tokelau Census of Population and Dwellings, that more men than women are in paid employment (70.0 per cent and 49.9 per cent respectively) and almost all Tokelauans who have full-time paid employment are employed in the public sector. It further notes, from the statistical information provided by the Government in its report, the distribution of men and women in the public service (national level only) in the different grades, and particularly that, both in the general and specialist scales, women represent 60 per cent of the national public servants. It notes however that, in the three higher bands of the pay range, as regards the general scale, two women are employed compared to one man, while as regards the specialist scale where remuneration is higher, 6 women are employed compared to 16 men. On the other hand, in the three lower bands of the pay range, in the general scale, 14 women are employed compared to 8 men (no specialist scale). The Committee asks the Government to supply information on any measures taken or envisaged: (i) to reduce vertical and horizontal occupational segregation, including steps taken to increase women’s access to education and training in sectors that are predominantly occupied by men; and (ii) to enhance the economic participation of women in the private sector.

Articles 2 and 3. Application of the principle of the Convention. Objective job evaluation. Public service. The Committee previously noted that the National Human Resource Manager had been instructed to implement the new Remuneration Framework that was endorsed by the competent authority in March 2016 with a view to aligning all salaries of national and village employees. It requested the Government to indicate how the application of the principle of the Convention had been ensured in the context of the new framework. The Committee notes the Government’s indication, that the Hay job evaluation method was used to evaluate all positions in the Tokelau public service and the evaluation focused purely on the key duties and responsibilities of the job. The Government adds that two job evaluation training workshops were held for heads and managers of government departments and village Council Office in order to enable participants to apply and use this job evaluation method. The Committee notes that the application of the new Remuneration Framework was conducted by Human Resources Officers both at the villages and national levels. The Committee welcomes this information. Referring to its previous comments concerning the review of the Human Resources Manual (HRM), which provides that an employer may, in exceptional cases, place an employee on any salary step they deem fit notwithstanding the normal salary range applying to the position, it notes the Government’s statement that the review of the HRM is still ongoing. The Government adds that the Office of the Tokelau Public Service Commission will conduct the remaining consultations across the villages and the public service before the final version is submitted to the competent authority for consideration. Concerning the possibility to consider the salary levels in the home market of non-Tokelauan applicants when determining the remuneration for senior management positions in the public service, which may result in pay differences between women and men for the same position when women senior officials are recruited locally and men senior officials are recruited from outside Tokelau, the Committee notes the repeated lack of information provided by Government concerning the form of such pay differences. In the absence of further clarifications, the Committee again asks the Government to indicate whether differences in salary between Tokelauan and non-Tokelauan employees take the form of a difference in the basic wage or additional allowances and how the issue has now been dealt within the new Remuneration Framework. It also asks the Government once again to take the necessary measures to ensure that the principle of the Convention is taken into account in the review of the HRM, and to provide information on any progress made in the review.

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The Committee notes the observations by the Business New Zealand (Business NZ), submitted by the Government with its report.

Article 2 of the Convention. Determination of salaries in the public service. The Committee notes the Government’s indication that the public service salary scale underwent a review in 2013–14 which resulted in a new Remuneration Framework that was endorsed by the General Fono in March 2016. The National Human Resource Manager has since been instructed to implement the new framework with a view to aligning all salaries of national and village employees with it. The Committee also notes that the review of the Human Resource Manual (HRM) is still on hold. The Committee asks the Government to indicate how the application of the principle of equal remuneration for men and women for work of equal value has been ensured in the context of the new Remuneration Framework, including information on the objective job evaluation methods used in order to define remuneration levels. The Committee also again asks the Government to take the necessary measures to ensure that the principle of the Convention is taken into account in the review of the Human Resource Manual, and to provide information on the progress made in the review. Please also provide information on the distribution of men and women in all grades and levels of the Tokelau public service and their remuneration levels. In the absence of further clarifications, the Committee also reiterates its request for information on whether differences in salary between Tokelauan and non Tokelauan employees take the form of a difference in the basic wage or additional allowances and how the issue has now been dealt with in the revised Remuneration Framework.

Application of the principle in the private sector. Noting the absence of new information on the application of the principle of the Convention in the private sector, the Committee asks the Government to supply information on any measures taken or envisaged to reduce vertical and horizontal occupational segregation, including steps taken to increase women’s access to education and training in sectors that are predominantly male. The Government is also asked to indicate the methods used to compare the relative value of different jobs when fixing wage levels, with a view to ensuring that work performed by women is not undervalued.

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Article 2 of the Convention. Determination of salaries in the public service. The Committee notes that the Government reiterates previous statements regarding the determination of salaries in the Tokelau public service and differing salary increments. The Committee further notes, however, that the review of the Human Resources Manual for the Public Service, which had started, is currently on hold, awaiting the outcome of the General Fono’s consideration of the report on the Devolution Review, which will issue findings and recommendations regarding the devolution of public services to each of Tokelau’s three village Taupulegas (Council of Elders). The Committee asks 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 taken into account in the review of the Human Resources Manual, and to provide information on the progress made in reviewing the Manual. It also asks the Government to provide information on the remuneration levels of men and women in the different grades of the Tokelau public service.

The Committee notes from the Government’s report that there are currently 21 members in the public service management team, of whom seven are female and 14 are male. The Committee also notes that of the 61 government employees, 45.9 per cent are female and 42.6 per cent are male. In its previous comments, the Committee asked the Government to indicate the basis for paying different salaries for the same position to senior officials coming from outside of Tokelau. In this regard, the Government indicates that Tokelau expressed the difficulty it has experienced in the last eight years in attracting qualified and experienced people willing to apply to senior management positions in the public service due to salary levels. The Government states that in light of this challenge, Tokelau decided to consider the salary levels in the home market of non-Tokelauan applicants when determining their salaries. The Committee repeats its request for information on whether such differences in salary take the form of a difference in the basic wage or additional allowances. Noting the indication from the National Policy for Women of Tokelau 2010–15 available on the Government’s website that women comprise 81 per cent of the Tokelau public service, the Committee requests information on how this figure corresponds with the abovementioned statistics on women in the public service provided in the Government’s report. Please continue to provide information on the distribution of men and women in all grades and levels of the public service.

Application of the principle in the private sector. The Committee notes the Government’s indication that there have been significant improvements in the level of economic participation of village women in the private sector. The Government indicates that due to the Village Women Cleaning Programme, women are working in the waste management programme for the first time in ten years and are being paid at the same salary level as their male counterparts. The Government indicates that, while men and women may be paid different wages, the principle of equal remuneration is nonetheless respected, as men and women carry out different roles in their communities. The Committee notes the Government’s indication that men tend to work longer hours and are expected to take on heavier workloads under more strenuous conditions. Despite these differences, the Government states that women hold an equally important role in society and that they receive fair remuneration for their contributions to village development. The Committee notes the Government’s indication that, in light of the Devolution Review which is currently under way, there is an opportunity to examine women’s roles in the community in order to determine suitable remuneration levels for their contributions. The Committee recalls that, due to historical attitudes and stereotypes, certain jobs are held predominantly or exclusively by women (such as in caring professions) and others by men (such as in construction) (see General Survey on the fundamental Conventions, 2012, paragraph 673). The Committee further recalls that “female jobs” are often undervalued in comparison with work of equal value performed by men when determining wages (ibid.). The Committee requests the Government to provide information on methods used to compare the relative value of different jobs, with a view to ensuring that work performed by women is not undervalued. The Committee also requests the Government to provide information on measures taken or envisaged to reduce vertical and horizontal occupational segregation, including steps taken to increase women’s access to education and training in sectors which are predominantly male.

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Article 2 of the Convention. Determination of salaries in the public service. The Committee recalls section 3.1(c) of the Human Resources Manual for the Public Service, according to which employers may, in exceptional cases, place an employee on any salary step that they deem fit, notwithstanding the normal salary range applying to the position. The Committee notes the Government’s reply that salaries are not determined on the basis of gender and that salaries of new employees are based on experience and qualifications; scale increments are based on the satisfactory conduct and performance of duties of the employee (section 3.3(c)). The Committee notes further the Government’s statement that the review of the Human Resources Manual for the Public Service would be a very good opportunity to discuss employment and salary matters. The Committee asks the Government to make every effort to ensure that the revision of the Human Resources Manual for the Public Service will take duly into account the principle of equal remuneration for men and women for work of equal value and that it will be ensured that employers cannot discriminate between male and female employees when deciding on additional salary steps or increments. Please provide information on any developments in this regard.

The Committee notes the statistics on the distribution of women and men in the higher level posts of the Tokelau public service, indicating that there are 13 men and nine women occupying established senior posts, with five men and three women in the posts of directors and general managers; no women have been appointed as managers. The Committee further notes that, according to the Government, pay differences between women and men for the same position may arise in situations where female senior officials are recruited locally and male senior officials are recruited from outside Tokelau. The Committee asks the Government to indicate the basis for paying different salaries for the same position to senior officials coming from outside Tokelau, and for which component of the remuneration (basic wage and any additional allowances) the differences exist. Please continue to provide statistical information on the distribution of men and women in all grades and levels of the public service.

Application of the principle in the private sector. The Committee notes that the General Fono endorsed the National Policy and Action Plan for Women
2010–15 in March 2010, and that the Government intends to send a copy of the Policy and Plan to the ILO once the process is concluded. The Committee notes the Government’s indication that the Policy includes a section on equal economic participation of men and women, but that no specific section has been included on equal remuneration as this issue was not addressed by the women of Tokelau during the consultations. The Committee asks the Government to provide information on the implementation of measures aimed at improving the economic participation of women in the private sector that may assist in promoting the principle of equal remuneration for men and women for work of equal value.

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Article 2 of the Convention. Application of equal remuneration in the public service. The Committee notes that following the Tokelau Public Service Manual (section 3.1(a)), the salaries for the employees in the public service are derived from unified salary scales. The employer will decide the commencement salary of an individual employee from the approved salary range for the position. However, the Committee also notes that an employer may, in exceptional cases, place an employee on any salary step they deem fit, notwithstanding the normal salary range applying to the position in accordance with section 3.1(c) of the Manual. The Committee asks the Government to provide information on how it is ensured that employers do not discriminate between male and female employees when deciding on which salary step will apply. While noting the Government’s information on the functioning of the village employees committees, the Committee must reiterate its request to the Government to indicate the manner in which these committees are promoting in practice the application of the Convention.

The Committee notes the information provided by the Government on the distribution of men and women in the public service. It notes that out of the 45 national public servants, 19 are men and 26 are women. A total of 28 staff fall within the salary grading, with eight men and 20 women. The other 17 staff members are contract workers, 11 of whom are men and six of whom are women. The Committee would be grateful if the Government could provide an indication of the number of male and female public servants occupying the higher paid posts in the public service.

Application of the principle in the private sector. The Committee notes the Government’s reply that the private sector in Tokelau is very small and that both men and women have equal opportunities to sell their handicrafts. The Committee further notes from the Government’s report that a draft national policy for women and a national plan of action is being developed. The Committee would be grateful to receive a copy of the national policy and action plan on women, once they have been adopted, and it hopes that these will include activities to promote the application of the principle of equal remuneration for men and women for work of equal value.

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The Committee notes the comments, attached to the Government’s report, of the New Zealand Council of Trade Unions (NZCTU), which include a copy of the General CEDAW Note on Tokelau and the Role of Women submitted to the Committee on the Elimination of Discrimination Against Women (CEDAW/C/NZL/6, 8 May 2006, Appendix 3).

1. Article 2 of the Convention. Equal remuneration for men and women in the public service. The Committee notes the adoption of the Public Service Manual and the Public Service Code of Conduct, which requires public service employers to develop and implement a human resources policy which include “good and safe working conditions including freedom from harassment and discrimination”. The Committee asks the Government to provide information in its next report on the manner in which this provision is applied in practice with respect to protection against discrimination with respect to wages and emoluments, as well as how the village employment committees are promoting in practice the principle of the Convention. Please also provide information disaggregated by sex on the distribution of men and women in the various grades and salary scales of the public service (Appendix 1 of the Public Service Manual).

2. Application of the principle in the private sector. The Committee notes that those working in the fishing and related trades industry are often self-employed, and recalls that the Convention also applies to self-employed men and women. The Committee reiterates its previous request for information on how activities to promote gender equality and economic empowerment of women have contributed to the promotion of equal remuneration for men and women for work of equal value in the private sector.

3. Article 4. Cooperation of the social partners. The Committee notes that the NZCTU is monitoring the developments regarding the role of women in Tokelau and asks the Government to indicate in its next report the manner in which it is cooperating with the social partners in promoting the principle of the Convention.

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The Committee notes the comments attached to the Government’s report by Business New Zealand, the New Zealand Agency for International Development (NZAID), and the New Zealand Council of Trade Unions (NZCTU), which include a copy of the Periodical Report on Tokelau submitted by the Government of New Zealand to the Committee on the Elimination of Discrimination Against Women (CEDAW/C/NZL/5, 14 October 2004, Appendix 4).

1. Article 2 of the Convention. Equal remuneration in the public service. The Committee notes the continuing restructuring in the country and notably of the public service. It notes that, following a decision of the Tokelau Public Service Commission of Inquiry, the Tokelau Employment Commission has been disestablished and that in future the village employment committees will be responsible for employment matters at the village level and the General Fono at the national level. Noting the Government’s statement that each village will be establishing its own employment system taking into account the principles of non-discrimination and equal remuneration, the Committee asks the Government to provide information, in its next report, on how the village committees are promoting the principle of the Convention.

2. The Committee notes that a new draft Public Service Manual and a draft Code of Conduct for the public service are being developed. The Code requires employers to develop a human resources policy which should, among other things, include "good and safe working conditions including freedom from harassment and discrimination". The Committee looks forward to the adoption of the draft Manual and the draft Code, and asks the Government, once the Code is adopted, to provide information on the practical application of this provision of the Code, in particular with respect to protection against discrimination for all components of wages and emoluments. Noting further Appendix 1 of the draft Public Service Manual containing the salary scales and grades of public service employees, the Committee also asks the Government to supply information, disaggregated by sex, on the number of women and men employed in each of the salary scales, once the Manual is adopted.

3. Application of the principle in the private sector. The Committee notes the information provided by NZAID and the NZCTU concerning the activities to promote gender equality and the economic empowerment of women through skills training and small business development, as well as through capacity building of the local women’s groups. It encourages the Government to continue its initiatives in this regard and asks it to provide information on how these activities have been contributing to the promotion of the principle of equal remuneration for men and women for work of equal value in the private sector.

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The Committee notes the information contained in the Government’s report and the attached documentation.

1. The Committee notes the Government’s statement concerning the developments on the granting of independence to Tokelau. Recalling its request of 2001, the Committee continues to note the current restructuring in the country, and in particular the decentralization of the public services. Recalling that the Tokelau Employment Commission is the employer in the public sector, the Committee notes that in February 2002 the General Fono adopted the rules governing the Tokelau Employment Commission. It also notes that the three villages in the future will determine their own employment regime and will in the future increase village employment, while employment in the public sector will decrease.

2. The Committee notes the Government’s statement that no information is currently available in response to its request of 2001, but that the Tokelau Employment Commission has been asked to bear in mind the Committee’s comments and that it is anticipated that the Government will be able to provide information with its next report on the measures taken to ensure the application of the principle of equal pay for work of equal value. The Committee would therefore be grateful if the Government would provide information with its next report on the measures adopted to ensure the application of the principle of the Convention, namely equal remuneration for work of equal value for all components of wages and emoluments. It also asks the Government to provide copies of any legislation adopted, pay scales and relevant statistical information to enable the Committee to assess the application by the Convention in practice.

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The Committee notes the information contained in the Government’s report.

The Committee notes from the Government’s report and from the working paper, prepared by the secretariat of the Special Committee, on the situation with regard to the implementation of the declaration on the granting of independence to colonial countries and peoples of the United Nations (document A/AC.109/2001/5 of 20 April 2001), the information on the endorsement of the report, "Modern House of Tokelau of 1998", on how to construct a self-governing nation based on the village. It notes the transfer to the Territory of responsibility for public services and the adoption on 10 February 2001 of the Tokelau Public Service Rules 2001, establishing a three-member Tokelau Employment Commission. As from 30 June 2001, this Commission became the employer of former employees of the Tokelau Public Service and of those who are deemed to be national-level employees. In this respect, the Committee asks the Government to provide information in its next report on the measures taken to ensure the application of the principle of equal pay, including wages and other payments, for work of equal value, in both the public and private sector. The Committee also asks the Government to submit copies of any relevant legislation adopted, pay scales and relevant statistical information to enable the Committee to assess the application by the Government of the Convention.

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The Committee takes note of the information provided in the Government's report.

1. The Committee notes the statement from the Government that policy on remuneration is non-discriminatory in Tokelau. The Government states that appointments are made on merit and that salary scales relate to jobs, not people. It further notes from the Government's report that a body of drafting work has already been undertaken in the area of employment, which complies with the existing international obligations. The Committee requests the Government to forward copies of any draft legislation concerning the application of the principle of equal remuneration for men and women for work of equal value at both the national and village levels.

2. The Committee requests the Government to indicate, in its next report, the measures taken to ensure that payments of additional emoluments such as allowances do not discriminate on the basis of sex and are made in accordance with the principle laid down in the Convention.

3. The Committee notes that the Law of Tokelau 1997, said to be attached to the Government's report, has unfortunately not been received. The Committee hopes that this Law will be forwarded by the Government in its next report.

4. The Committee draws the attention of the Government to its general observation under this Convention and requests the Government to provide the available statistics requested in its next report.

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1. Further to its previous comments, the Committee notes the information provided in the Government's report and the attached documentation which includes the grading and salary scale and the rates of allowances and charges determined for public service employees in Appendices II and III, respectively, of the Tokelau Public Service (TPS) Manual. The Committee also notes the information contained in the classification list (List of Permanent TPS Staff as at 19 May 1992). The Committee requests the Government to furnish a copy of the guidelines for setting starting salaries and processing annual salary increments when they become available.

2. Noting that the above-mentioned Public Service Manual is to be further reviewed following the changes to the political institutions which are currently under way, the Committee requests the Government to provide information relevant to the application of the Convention both on any amendments made to the Manual and on any restructuring of the public service that occurs as a result of these political changes.

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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:

The Committee notes with interest the information supplied by the Government in its report including copies of the "Tokelau Public Service Manual", "Tokelau Public Service, Classification List of Staff - 1 April 1988", and the report entitled "Inspection of the Tokelau Public Service: January/February 1988".

More particularly, the Committee notes comments made in the inspection report document suggesting that efforts were needed and, in fact, are being made, to improve the personnel management function in the Tokelau Public Service. The Committee notes with interest that a thorough and complete pay grading exercise was expected to be completed by 1 April 1988. The Committee asks that the Government, in its next report, supply information on this exercise and, on any changes made as a result of it which may have a bearing on the Convention. In particular, the Government is asked to supply information on any steps taken by the State Services Commission (responsible for remuneration grading under section C.1 of the Tokelau Public Service Manual) in this exercise to ensure that remuneration levels are established on the basis of objective appraisals of job content.

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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: