Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

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

The Committee notes the adoption of the Labour Code of New Caledonia, which entered into force on 1 May 2008, which carries over the laws and regulations which were applicable to this territory and codifies them based on the principle of codification on the basis of established law. It notes that equal remuneration between men and women is governed by the provisions of sections Lp. 141–1 to 141–8 and R. 141–1 of the new Labour Code.

Gender wage gap in the public sector. In its previous comments, the Committee requested the Government to provide information on the measures taken to address the causes of the continuously widening gender pay gap in the public sector, as well as on the measures taken to promote the access of women to the most highly paid posts in category A of the civil service. The Committee notes that the Government’s report contains no information in response to its previous comments. However, it notes that, although the proportion of women in the public sector (civil servants and contract staff) increased from 50.1 per cent in 2006 to 52 per cent in 2007 (“Economic and Social Audit” of New Caledonia for 2007), the information provided by the Government under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), shows that the majority of management posts in the civil service are still occupied by men. Referring also to its comments on the application of Convention No. 111, the Committee once again asks the Government to provide recent statistical information on the salaries of men and women in the civil service, as well as on the concrete steps taken to address the persistent wage gaps, including to promote the access of women to the highest posts in the civil service.

Gender wage gap in the private sector. The Committee notes that the Government provides no information in response to its previous comments. The Committee once again asks the Government to provide recent statistical information, disaggregated by sex, on the distribution of men and women in the various economic sectors and their respective remuneration levels, in the private sector, according to the different employment categories. The Government is also requested to indicate any steps taken to promote the principle of equal remuneration between men and women for work of equal value in the private sector, including campaigns to raise awareness of the principle, aimed at workers, employers and their organizations.

Application and promotion of the principle of equal remuneration. Labour inspectorate and courts of law. Noting the Government’s indications, the Committee asks it to continue providing information on the activities of the labour inspectorate which are intended to promote and ensure the application of the principle of the Convention, in particular awareness-raising activities carried out within employers’ and workers’ organizations. The Government is also requested to provide a copy of any relevant judicial decisions.