Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

Equal Remuneration Convention, 1951 (No. 100) - New Caledonia

The Committee takes note of the Government's report and notes with satisfaction the provisions concerning equal remuneration contained in Decision No. 283 of 24 February 1988 enclosed with the report on the application of Convention No. 111.

1. The Committee refers to its previous comments and notes the Government's statement that no determination has yet been made of the jobs which, under section 22 of Ordinance No. 85-1181 of 13 November 1985, may be performed exclusively by one or other of the sexes. It requests the Government to keep it informed of any developments in this respect.

2. The Committee notes that section 4 of the same Decision provides that the various components of remuneration shall be determined according to rules which are identical for women and men. It asks the Government to indicate the methods used in making an objective appraisal of jobs, and the progress made in reducing the difference between men's and women's wage rates, particularly where bodies established or recognised by the legislation are responsible for fixing wage rates.

3. The Committee takes note of section 5 of the above-mentioned Decision, under which any provision resulting from a decision by an employer or group of employers, which establishes remuneration that is lower than that of workers of the other sex for the same work or work of equal value, shall automatically be null and void. The Committee asks the Government to indicate any cases of provisions being automatically annulled because they are contrary to the principle of equal remuneration.

4. The Committee notes the Government's statement that labour inspectors, along with officers of the criminal investigation department are responsible for recording violations of the provisions of the Convention. It requests the Government to provide information on the number and nature of violations recorded.

5. The Committee refers to its previous comments in which it asked the Government to indicate how effect is given in practice to the principle of equal remuneration set forth by the Convention and the national legislation, where wages are higher than the minimum rates established by legislation or collective agreements, particularly in enterprises and sectors employing a high proportion of women workers. It notes from the Government's report that the clothing industry is the main sector employing a high proportion of women and that wages in this sector are usually the minimum wages laid down in collective agreements. The Committee refers to the indications given in paragraphs 22 to 30 of its 1986 General Survey on Equal Remuneration, and asks the Government to state whether it is contemplating measures to promote the application of the principle of the Convention in this sector.