Demande directe (CEACR) - adoptée 2017, publiée 107ème session CIT (2018)

Repetition

Article 1(a) of the Convention. Definition of remuneration. In its first report, the Government recognizes that, no specific legislation gives effect to Article 1(a) of the Convention. Sections 16 and 17 of the Labour Act (Chapter 75) of 1981 lay out various regulations regarding “wages” but do not provide a specific definition of the term. While section 25 refers to the concept of remuneration, it does not provide a definition per se, providing only that contracts providing remuneration other than wages are not illegal, so long as the non-monetary items are expressed in monetary terms. The Committee wishes to draw the attention of the Government to the fact that the Convention sets out a very broad definition of “remuneration” which captures all elements that a worker may receive for his or her work, including payments in cash as well as in kind; as well as payments made directly as well as indirectly by the employer to the worker which arise out of the worker’s employment. Such a broad definition is necessary since, if only the basic wage were being compared, much of what can be given a monetary value arising out of the job would not be captured, and such additional components are often considerable, making up increasingly more of the overall earnings package. Further, the Committee notes that, in the Government’s report to the Human Rights Council distributed on 30 October 2015, it is indicated that the Ministry of Public Service is finalizing a new Public Service Bill to strengthen the public sector human resource management and governance framework, and that this Bill will support equal employment opportunities and anti-discrimination frameworks already in place. Specifically, the Government reports that the Bill will address equal opportunity for all persons to compete for employment, promotion, transfer and training (A/HRC/WG.6/24/SLB/1, paragraphs 6 and 19). The Committee requests the Government to consider the possibility of introducing a broad definition of the term “remuneration” in the legislation – which would include basic wages, allowances and any other emoluments in accordance with Article 1(a) of the Convention. In addition, noting that the Public Service Act of 1 July 1988 does not include a definition of remuneration, the Committee requests the Government to consider the possibility of introducing in the Public Service Bill, which is currently be discussed, a broad definition of the term “remuneration” – in accordance with Article 1(a) of the Convention. Noting that the Government indicates that it is working towards the re-establishment of the Labour Advisory Board, which will be reviewing the labour laws in force and the information that a Tripartite Labour Law Review Committee has been recently established, the Committee asks the Government to clarify the relationship between these two bodies, their respective mandates and if they have started their work.

Articles 1 and 2. Gender pay gap across formal and informal economies. In its report to the Committee on the Elimination of Discrimination against Women (CEDAW), the Government indicates that, “[w]hile female participation in the labour force has increased, there are still significant gender gaps in participation rates, occupational levels and wages” (CEDAW/C/SLB/1-3, 2013, 1 November 2013, paragraph 254). This analysis is supplemented by statistics in the National Development Strategy 2011–20, which demonstrate that there has been a decline in the formal employment of women in recent years with the share of women in waged employment in professional and technical jobs falling from 32.3 per cent in 2000 to 25 per cent in 2010. The ILO Decent Work Country Programme (2009–12) for the Solomon Islands also states that there are more than twice as many men as women in paid employment, while in unpaid work women outnumber men by about 25 per cent. The Solomon Islands Demographic and Health Survey of 2007 further found that 56.1 per cent of women who were employed were not paid, either in cash or in kind for their work (CEDAW/C/SLB/1-3, paragraph 324). The Committee notes that, on the whole, there is a lack of availability of statistical information disaggregated by sex regarding the remuneration received by women and men in both the formal and informal economy. The Committee draws the Government’s attention to the fact that appropriate data and statistics are crucial in determining the nature, extent and causes of unequal remuneration, to set priorities and design appropriate measures, to monitor and evaluate the impact of such measures and making any necessary adjustments in order to better promote the principle of equal remuneration for men and women for work of equal value (see 2012 General Survey on the fundamental Conventions, paragraph 891). The Committee requests the Government to provide information on the following:

• – measures taken to collect statistical information disaggregated by sex regarding the distribution of women and men in different occupations and on their respective levels of earnings, in the informal and formal economy; and
• – measures taken or envisaged to conduct research or studies on the gender pay gap and its underlying causes.

Fixing of wages in the public sector. The Committee notes the Government’s indication that the Public Services Commission (PSC) supervises the application of the principle of equal remuneration. The Government further indicates that an independent committee of the PSC Board determines remuneration based on the nature of the job, the required experience, qualifications, etc., and positions are advertised openly and that the Board provides an equal opportunity for all to apply. The Government also indicates that the principle of equal remuneration is applied through a fair and equal employment recruitment system, which is reflected in the mission objective of the PSC. However, the Committee notes that, neither the Public Service Act of 1988 nor the Public Service Commission Regulations of 1998, have provisions that set out the right to equal remuneration for men and women for work of equal value. The Committee therefore asks the Government to provide information on any measures taken to ensure that the system for wage setting in the public sector fully takes into account the principle of equal remuneration for men and women for work of equal value and, in particular, that tasks primarily performed by women are not being undervalued. The Committee asks the Government to provide information on how it is ensured that remuneration determinations by the PSC Board are carried out without any gender bias. The Committee requests the Government to provide information on the number of women and men currently occupying different posts in the public service, as well as their respective wage levels.

Rates of remuneration. Private sector. The Committee notes from the Government’s report that according to the Labour Act (Cap 73), the Minister of Commerce, Industries and Labour is responsible for determining wage rates in the private sector through the Minimum Wages Board, and that the most recent amendment (2008) brought the minimum wage up to 4.00 Solomon Islands dollars (SBD) per hour for all workers and SBD3.20 per hour for those employed in the fishing and agricultural sectors. The Committee notes from the 2009 Population and Housing Census that 52.1 per cent of the population of the Solomon Islands work in the fishing and agricultural sectors, and that women outnumber men in this sector. As women predominate in low-wage employment, a uniform national minimum wage system has an influence on the relationship between men’s and women’s wages and on reducing the gender pay gap, as it can help to raise the earnings of the lowest paid. The Committee asks the Government to provide information on the manner in which rates of remuneration beyond the minimum wage are determined in the private sector, and on the criteria and methods used to determine the minimum wage in the fishing and agricultural sectors.

Article 3. Objective job evaluation. The Committee notes the Government’s indication that the Public Service Commission Board provides for increments through each grade based on performance appraisals and on the job experience, and through a comparison of the cost of living adjustments for specific positions at respective salary scales. The Government indicates, however, that the assessment is not disaggregated by sex. The Committee draws the Government’s attention to the fact that the concept of “equal value” provided for in the Convention requires some method of measuring and comparing the relative value of different jobs. There needs to be an examination of the respective tasks involved, undertaken on the basis of entirely objective and non-discriminatory criteria to avoid the assessment being tainted by gender bias. This objective job evaluation is different from the performance appraisal of jobs which aims at evaluating the performance of an individual worker in carrying out his or her job. Objective job evaluation measures the relative value of jobs on the basis of the work to be performed. It is concerned with evaluating the job not the individual worker (see General Survey, 2012, paragraphs 695–696). The Committee invites the Government to adopt measures to ensure objective job evaluation in the public sector and promote it in the private sector, and asks it to provide information on progress achieved in this regard.

Article 4. Cooperation with employers’ and workers’ organizations. Noting the Government’s indication that it is working towards the re-establishment of a Labour Advisory Board, which would be mandated to consider – among other things – issues related to equal remuneration, the Committee asks the Government to provide information on the composition and mandate of the Labour Advisory Board, as well as information on any initiatives undertaken by the Board with a view to promoting the principle of the Convention and to supply information on any other initiatives undertaken by workers’ and employers’ organizations concerning the promotion of the principle of the Convention.

Practical application. The Committee notes the Government’s indication that the authority to ensure and supervise the application of the provisions related to equal remuneration is with the Department of Labour, and therefore all legislation relating to employment and occupation is administered and supervised through that Department. The Government provides no information concerning statistical data on the number of cases involving violations of the principle of the Convention. In addition, the Committee notes that there are no court cases reported related to the Convention. The Committee asks the Government to provide detailed information on any measures taken or envisaged to raise awareness of the principle of the Convention. Please also provide information on the content of any training offered to government officials, workers, employers, judges and civil society.

Statistical information. The Committee notes that the National Policy on Gender Equality and Women’s Development of 2010 and its plan of action proposes the establishment of a Gender Management Information System in the Ministry for Women, Youth, Children and Family Affairs. According to the Government’s report to CEDAW in 2013, this system, while still in its nascent stages, is currently under development (CEDAW/C/SLB/1-3, paragraph 92). The Committee also notes from the Decent Work Country Programme report (2009–12) that the Ministry of Finance and Planning is attempting to establish a central Human Resources Database, which would facilitate collaboration between different Ministries and stakeholders that use and produce labour market information. In this regard, the Committee recalls that appropriate data and statistics are crucial in determining the nature, extent and causes of discrimination, with a view to setting priorities and designing appropriate measures, monitoring and evaluating the impact of such measures, and making any necessary adjustments (see General Survey, 2012, paragraph 891). The Committee hopes that the Government will be in a position in the near future to provide statistical data, disaggregated by sex, on the participation of men and women, in the various sectors and occupations, and their corresponding levels of remuneration, and requests the Government to provide information on any developments made in this regard.