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

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

Other comments on C100

Observation

Direct Request

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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.