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

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

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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.