Repetition

Article 1 of the Convention. Equal remuneration for men and women for work of equal value. Legislative developments and enforcement. In its previous comments, the Committee had noted the adoption of the Employment and Industrial Relations Code (EIRC) in 2015, which repealed the Employment Ordinance, 1977, (Cap. 30). The Committee notes that, like section 75D(1) of the Employment Ordinance, section 114(1) the EIRC provides that “an employer shall pay men and women employees equal remuneration for work of equal value”. It also notes from the Government’s report that this legislation is enforced through scheduled inspections with new inspection procedures and checklist, and that so far there have been no cases of complaints in relation to the Convention. The Committee notes that the Government indicates that no trainings for judges and labour inspectors regarding equal remuneration for work of equal value has been conducted yet. Noting this information, the Committee would like to draw the Government’s attention to the fact that the lack of complaints can indeed indicate a lack of an appropriate legal framework, lack of awareness of rights, lack of confidence in or absence of practical access to procedures, or fear of reprisals. It can also indicate that the system of recording violations is insufficiently developed (see the 2012 General Survey on the fundamental Conventions, paragraph 870). It would also like to recall 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 (see the 2012 General Survey, paragraphs 712–719). The Committee asks the Government to provide detailed information on: (i) the manner in which it ensures the implementation of the principle of equal remuneration for men and women for work of equal value and, in particular, to describe any actions undertaken to address the gender pay gap and promote equal remuneration in the broader context of gender equality, and to provide information on the new procedures and checklist for labour inspections mentioned above; and (ii) the number of violations detected and fines imposed by labour inspectors, if any, as well as the number of complaints lodged and their outcome. The Committee encourages the Government to take measures to raise awareness among workers, employers and their organizations, of the right of workers to equal remuneration for work of equal value provided by section 114(1) of the EIRC and the Convention, and avenues for dispute resolution. The Committee also encourages the Government to organize and provide appropriate training to labour inspectors and judges in this regard.

Article 2(2). Minimum wage. The Committee notes the Government’s indication that the national minimum wage was set at AUD$ 1.3 an hour for local businesses and companies and was implemented on 1 November 2016. The Government states that the minimum wage does not make any distinction based on gender, and that, in Kiribati, the lowest paid are not only confined to women, but also to those – both men and women – who work in more menial jobs. While noting this information, the Committee notes with interest that, pursuant to section 51(g) of the EIRC, the Decent Work Advisory Board has to consider “the right to equal remuneration for work of equal value” when it makes minimum wage recommendations. The Committee asks the Government to provide any available information, disaggregated by sex, on the impact of the adoption of a new minimum wage on the average wages of women and men, and thereby the gender pay gap, and the manner in which it is ensured in practice that, when fixing the minimum wage, the Decent Work Advisory Board takes into account the principle of the Convention.

Article 3. Objective job evaluation. Private and public sectors. In its previous comments, the Committee requested the Government to provide information on any measures taken or envisaged to develop and implement objective job evaluation in the public and private sectors. It also requested the Government to indicate how it is ensured that the criteria used to determine the salary scales in the National Conditions of Service are free from gender bias and that male and female workers in the public sector have access to all additional payments – which are part of their remuneration in accordance with the Convention – on an equal footing. The Government indicates that there is no form of job appraisals currently in force in the private sector and that there are no criteria in place ensuring that salary scales for public servants are free from gender bias. It adds that the Public Service Office is working on improving the current job appraisal. In this regard, in 2018, a study has been conducted in the public sector with the aim of eliminating current pay discrepancies, ensuring positions are being remunerated and compensated fairly, and improving the job appraisal in the public sector. The Committee recalls that, when establishing job classification and therefore corresponding salary scales, whatever methods are used for the objective evaluation of jobs, particular care must be taken to ensure that they are free from gender bias: it is important to ensure that the selection of factors for comparison, the weighting of such factors and the actual comparison carried out are not discriminatory, either directly or indirectly. The Committee draws the Government’s attention to the fact that often skills considered to be “female”, such as manual dexterity and those required in the caring professions, are undervalued or even overlooked, in comparison with traditionally “male” skills, such as heavy lifting, thereby possibly introducing a gender bias in the classification of jobs (see the 2012 General Survey, paragraph 701). As regards the public sector, the Committee asks the Government to provide information on the findings of the 2018 study to eliminate pay discrepancies in the public sector and their implementation, indicating any improvement made with respect to the method and criteria used as well as any wage adjustments made. Concerning the private sector, the Committee also asks the Government to take steps to develop and implement objective job evaluation methods and provide information in this regard.

Article 4. Cooperation with social partners. The Committee notes the Government’s indication that, further to the adoption of the EIRC, the tripartite Decent Work Agenda Steering Committee (DWASC) was replaced by the tripartite Decent Work Advisory Board (DWAB), one of its functions being making recommendations on the implementation of international labour standards. The Committee also notes that, in accordance with section 67(2)(b) of the EIRC, “a collective agreement shall contain ..., if the collective agreement regulates the remuneration rates of employees, a clause providing for equal remuneration for work of equal value for women and men under the collective agreement”. The Committee asks the Government to provide: (i) extracts of collective agreements containing such a clause; and (ii) information on any activities carried out by the social partners, including under the auspices of the Decent Work Advisory Board, regarding the promotion and implementation of the principle of equal remuneration for men and women for work of equal value.

Statistics. In reply to the Committee’s request for statistics disaggregated by sex on wages in the public and private sectors, the Government indicates that the Ministry is currently undertaking measures to improve its data collection and cannot provide such information at the moment. Noting this information, the Committee encourages the Government to take the necessary steps to collect and compile data, disaggregated by sex, on the participation of men and women in the labour market and their respective earnings, if possible, by sector of economic activity and occupation.

Repetition

Noting the adoption of the Employment and Industrial Relations Code of 2015, which repeals the Employment Ordinance of 1966 (Cap. 30), the Committee 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 specific issues raised in relation to the Employment Ordinance of 1966, and other matters raised in its previous comments.

Article 1 of the Convention. Equal remuneration for work of equal value. Legislation. The Committee notes that pursuant to amendments made in 2008, section 75D(1) of the Employment Ordinance of 1966 (Chapter 30) now provides that “men and women shall receive equal remuneration for work of equal value”. Section 75D(2) of the Employment Ordinance defines “remuneration” as the “wage or salary and any additional benefits or allowances whatsoever payable, directly or indirectly, whether in cash or in kind, by the employer to the employee arising out of the employee’s employment”, thereby being in accordance with Article 1(a) and (b) of the Convention. The Committee asks the Government to provide information on the practical application of section 75D(1) of the Employment Ordinance.

Public sector. The Committee notes that pursuant to section 2, the Employment Ordinance applies to cases in which the Government is an employer, and that employees of the Government, statutory bodies and government-owned companies are covered by the National Conditions of Service. The Committee also notes the Government’s indication that salary scales set out in the National Conditions of Service apply to male and female workers equally, therefore there is no discrimination between men and women workers. The Committee asks the Government to indicate how it is ensured that the criteria used to determine the salary scales in the National Conditions of Service are free from gender bias and that male and female workers in the public sector have access to all additional payments on an equal footing.

Minimum wages. The Committee notes that section 27 of the Employment Ordinance provides for fixing of a minimum wage by the Minister. The Committee also notes the Government’s indication that currently there are no minimum wages fixed for workers in the private sector, and that the Ministry of Labour and Human Resources Department has prepared submissions on minimum wage determination reform to be submitted to the Cabinet in the near future. The Committee recalls that the setting of minimum wages is an important means by which the Convention is applied. 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 (General Survey on the fundamental Conventions, 2012, paragraphs 682–683). The Committee asks the Government to provide information on any progress made with regard to setting up a minimum wage system.

Article 3. Objective job evaluation. The Committee notes the Government’s indication that currently there is no system of job appraisals in the private sector. The Committee also notes that the National Conditions of Service do not include provisions concerning objective job evaluation. The Committee asks the Government to provide information on any measures taken or envisaged to develop and implement objective job evaluation in the public and private sectors.

Article 4. Cooperation with social partners. The Committee notes the Government’s indication that the tripartite Decent Work Agenda Steering Committee could take up equal remuneration as an agenda item, but this issue has not been raised so far. The Committee asks the Government to provide information on the measures adopted, in collaboration with social partners, with a view to giving effect to the principle of the Convention, including in the context of the tripartite Decent Work Agenda Steering Committee.

Parts III and V of the report form. Enforcement. The Committee notes that section 75E of the Employment Ordinance provides for a complaints procedure before the High Court with regard to infringement of rights in Part VIIA of the Employment Ordinance. The Committee also notes the Government’s indication that no complaints have been lodged and no judicial decisions have been handed down concerning the application of the principle of the Convention. The Committee asks the Government to provide information on any measures taken or envisaged to raise the awareness of judges, labour inspectors, of the principle of the Convention, as well as measures to raise the awareness of workers, employers and their organizations of the principle and the avenues of dispute resolution. The Committee also requests the Government to continue to provide information on any court cases, including cases before the High Court, and violations reported to, or detected by labour inspectors concerning the principle of the Convention.

Part V. Statistics. The Committee notes the Government’s indication that the Ministry of Labour and Human Resources Development is currently working to improve its labour market information and analysis systems, including through the collection of data disaggregated by sex. The Committee asks the Government to provide statistical information disaggregated by sex on wages in the public and private sectors, at each level within the various occupational categories.

Repetition

Noting the adoption of the Employment and Industrial Relations Code of 2015, which repeals the Employment Ordinance of 1966 (Cap. 30), the Committee 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 specific issues raised in relation to the Employment Ordinance of 1966, and other matters raised in its previous comments.

Article 1 of the Convention. Equal remuneration for work of equal value. Legislation. The Committee notes that pursuant to amendments made in 2008, section 75D(1) of the Employment Ordinance of 1966 (Chapter 30) now provides that “men and women shall receive equal remuneration for work of equal value”. Section 75D(2) of the Employment Ordinance defines “remuneration” as the “wage or salary and any additional benefits or allowances whatsoever payable, directly or indirectly, whether in cash or in kind, by the employer to the employee arising out of the employee’s employment”, thereby being in accordance with Article 1(a) and (b) of the Convention. The Committee asks the Government to provide information on the practical application of section 75D(1) of the Employment Ordinance.

Public sector. The Committee notes that pursuant to section 2, the Employment Ordinance applies to cases in which the Government is an employer, and that employees of the Government, statutory bodies and government-owned companies are covered by the National Conditions of Service. The Committee also notes the Government’s indication that salary scales set out in the National Conditions of Service apply to male and female workers equally, therefore there is no discrimination between men and women workers. The Committee asks the Government to indicate how it is ensured that the criteria used to determine the salary scales in the National Conditions of Service are free from gender bias and that male and female workers in the public sector have access to all additional payments on an equal footing.

Minimum wages. The Committee notes that section 27 of the Employment Ordinance provides for fixing of a minimum wage by the Minister. The Committee also notes the Government’s indication that currently there are no minimum wages fixed for workers in the private sector, and that the Ministry of Labour and Human Resources Department has prepared submissions on minimum wage determination reform to be submitted to the Cabinet in the near future. The Committee recalls that the setting of minimum wages is an important means by which the Convention is applied. 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 (General Survey on the fundamental Conventions, 2012, paragraphs 682–683). The Committee asks the Government to provide information on any progress made with regard to setting up a minimum wage system.

Article 3. Objective job evaluation. The Committee notes the Government’s indication that currently there is no system of job appraisals in the private sector. The Committee also notes that the National Conditions of Service do not include provisions concerning objective job evaluation. The Committee asks the Government to provide information on any measures taken or envisaged to develop and implement objective job evaluation in the public and private sectors.

Article 4. Cooperation with social partners. The Committee notes the Government’s indication that the tripartite Decent Work Agenda Steering Committee could take up equal remuneration as an agenda item, but this issue has not been raised so far. The Committee asks the Government to provide information on the measures adopted, in collaboration with social partners, with a view to giving effect to the principle of the Convention, including in the context of the tripartite Decent Work Agenda Steering Committee.

Parts III and V of the report form. Enforcement. The Committee notes that section 75E of the Employment Ordinance provides for a complaints procedure before the High Court with regard to infringement of rights in Part VIIA of the Employment Ordinance. The Committee also notes the Government’s indication that no complaints have been lodged and no judicial decisions have been handed down concerning the application of the principle of the Convention. The Committee asks the Government to provide information on any measures taken or envisaged to raise the awareness of judges, labour inspectors, of the principle of the Convention, as well as measures to raise the awareness of workers, employers and their organizations of the principle and the avenues of dispute resolution. The Committee also requests the Government to continue to provide information on any court cases, including cases before the High Court, and violations reported to, or detected by labour inspectors concerning the principle of the Convention.

Part V. Statistics. The Committee notes the Government’s indication that the Ministry of Labour and Human Resources Development is currently working to improve its labour market information and analysis systems, including through the collection of data disaggregated by sex. The Committee asks the Government to provide statistical information disaggregated by sex on wages in the public and private sectors, at each level within the various occupational categories.

Repetition

Article 1 of the Convention. Equal remuneration for work of equal value. Legislation. The Committee notes that pursuant to amendments made in 2008, section 75D(1) of the Employment Ordinance of 1966 (Chapter 30) now provides that “men and women shall receive equal remuneration for work of equal value”. Section 75D(2) of the Employment Ordinance defines “remuneration” as the “wage or salary and any additional benefits or allowances whatsoever payable, directly or indirectly, whether in cash or in kind, by the employer to the employee arising out of the employee’s employment”, thereby being in accordance with Article 1(a) and (b) of the Convention. The Committee asks the Government to provide information on the practical application of section 75D(1) of the Employment Ordinance.

Public sector. The Committee notes that pursuant to section 2, the Employment Ordinance applies to cases in which the Government is an employer, and that employees of the Government, statutory bodies and government-owned companies are covered by the National Conditions of Service. The Committee also notes the Government’s indication that salary scales set out in the National Conditions of Service apply to male and female workers equally, therefore there is no discrimination between men and women workers. The Committee asks the Government to indicate how it is ensured that the criteria used to determine the salary scales in the National Conditions of Service are free from gender bias and that male and female workers in the public sector have access to all additional payments on an equal footing.

Minimum wages. The Committee notes that section 27 of the Employment Ordinance provides for fixing of a minimum wage by the Minister. The Committee also notes the Government’s indication that currently there are no minimum wages fixed for workers in the private sector, and that the Ministry of Labour and Human Resources Department has prepared submissions on minimum wage determination reform to be submitted to the Cabinet in the near future. The Committee recalls that the setting of minimum wages is an important means by which the Convention is applied. 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 (General Survey on the fundamental Conventions, 2012, paragraphs 682–683). The Committee asks the Government to provide information on any progress made with regard to setting up a minimum wage system.

Article 3. Objective job evaluation. The Committee notes the Government’s indication that currently there is no system of job appraisals in the private sector. The Committee also notes that the National Conditions of Service do not include provisions concerning objective job evaluation. The Committee asks the Government to provide information on any measures taken or envisaged to develop and implement objective job evaluation in the public and private sectors.

Article 4. Cooperation with social partners. The Committee notes the Government’s indication that the tripartite Decent Work Agenda Steering Committee could take up equal remuneration as an agenda item, but this issue has not been raised so far. The Committee asks the Government to provide information on the measures adopted, in collaboration with social partners, with a view to giving effect to the principle of the Convention, including in the context of the tripartite Decent Work Agenda Steering Committee.

Parts III and V of the report form. Enforcement. The Committee notes that section 75E of the Employment Ordinance provides for a complaints procedure before the High Court with regard to infringement of rights in Part VIIA of the Employment Ordinance. The Committee also notes the Government’s indication that no complaints have been lodged and no judicial decisions have been handed down concerning the application of the principle of the Convention. The Committee asks the Government to provide information on any measures taken or envisaged to raise the awareness of judges, labour inspectors, of the principle of the Convention, as well as measures to raise the awareness of workers, employers and their organizations of the principle and the avenues of dispute resolution. The Committee also requests the Government to continue to provide information on any court cases, including cases before the High Court, and violations reported to, or detected by labour inspectors concerning the principle of the Convention.

Part V. Statistics. The Committee notes the Government’s indication that the Ministry of Labour and Human Resources Development is currently working to improve its labour market information and analysis systems, including through the collection of data disaggregated by sex. The Committee asks the Government to provide statistical information disaggregated by sex on wages in the public and private sectors, at each level within the various occupational categories.