Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

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

1. Gender wage gap in the public sector. In its previous comments, the Committee noted that the increase in the number of women in category A, the most highly paid in the civil service, had not had any effect on the presence of the latter in senior management posts in the civil service. The Committee also noted that, according to the Government’s report, the gender wage gap continued to widen with respect to the higher age groups. Moreover, the Committee notes that, according to the “Economic and Social Audit” of New Caledonia published in 2006, the proportion of women in the public sector is 49.9 per cent and that of men 50.1 per cent. The Committee emphasizes, however, that the Government has not supplied a copy of the “Economic and Social Audit” of New Caledonia for 2006 and therefore reminds the Government of the importance of supplying full statistical information so that it can better assess the progress made by the Government in the application of the Convention and gain a clearer picture of the challenges that remain. Moreover, the Committee notes that the Government has not supplied recent information on the distribution of men and women in the various categories of the civil service and on trends in the gender pay gap. The Committee repeats its request to the Government to supply information on the measures taken to address the causes of the continuously widening gender pay gap in the public sector. The Committee urges the Government to supply information on the measures taken to promote the access of women to the most highly paid posts in category A of the civil service.

2. Gender wage gap in the private sector. The Committee notes the Government’s information that in the private sector 58.4 per cent of workers are men and 41.6 per cent are women. The Committee also notes the Government’s indication that no significant difference can be seen in remuneration between the sexes. The Committee particularly notes that a study is under way concerning the 2004–05 period. The Committee hopes that, in the context of this study, the Government will take into consideration its previous comments and also its general observation of 2006 on equal remuneration. The Committee hopes that this study will be available to the Government as soon as possible so that the latter can undertake a proper assessment of the nature and extent of the gender wage gap in the private sector. The Committee asks the Government to send a copy of this study. The Committee requests the Government to supply information on the measures taken to promote the principle of equal remuneration for work of equal value in the private sector.

3. Application of the principle of equal remuneration in the construction and civil engineering sector through national legislation. The Committee noted in its previous comments that a legislative framework was being drawn up containing provisions on equal remuneration intended to protect foreign workers employed in enterprises established outside New Caledonia which provide services in the construction and civil engineering sectors. The Committee asks the Government once again to supply information on the progress made with regard to this Act and to send a copy of the text.

4. Promoting and ensuring the application of the Convention. Labour inspectorate and courts of law. The Committee notes that no court decision has been issued on the application of the principle of the Convention. The Committee also notes that the labour inspectorate carries out controls on the observance of minimum wage rates and the wages fixed by collective agreements by an analysis of wage slips. The Committee notes that this is undertaken via a survey of the workers of the enterprises concerned using a representative collective sample from which the labour inspectorate selects as far as possible comparable jobs occupied both by men and women. The Committee asks the Government to continue to keep it informed of the decisions issued by the competent administrative and judicial authorities on the application of the Convention. It also asks the Government to continue to supply information on the activities and methods of the labour inspectorate which are intended to promote and ensure the application of the principle of the Convention, such as information campaigns intended for employers and trade unions.