Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Equal Remuneration Convention, 1951 (No. 100) - French Polynesia

Legislative developments. The Committee notes that territorial Act No. 2011-15 of 4 May 2011 concerning the codification of labour law in French Polynesia came into force on 1 August 2011 and that it does not change the legal framework that previously applied with regard to equal remuneration.

Articles 1 and 2 of the Convention. Application in practice of the principle of equal remuneration for men and women. The Committee notes the statistical information supplied in the Government’s report concerning the distribution of men and women by sector of activity and also the equivalent average wages for full-time work by sex and by sector of activity. It notes that in 2011 women were predominantly employed in the tertiary sector (92 per cent of the female active population) especially in the health and social services sector (74 per cent of the workforce in the sector), finance and insurance (63 per cent) and hotels and catering (60 per cent). The statistics provided also show that the gap in average wage (full-time equivalent) for men and women, to the disadvantage of women, was substantial in certain sectors: 32 per cent in the health and social services sector; 26 per cent in finance and insurance; and 16 per cent in hotels and catering. However, the Committee notes that, for all sectors combined, the average overall gender pay gap decreased from 7.2 per cent in 2009 to 5 per cent in 2011. In its report the Government merely indicates that sections Lp. 3312-1 to Lp. 3312-4 of territorial Act No. 2011-15 govern equal remuneration for men and women. The Committee recalls that giving legislative effect to the principle of equal remuneration for men and women for work of equal value is important but not sufficient for achieving the goal of the Convention. It is also important to deal with the persistent underlying causes of pay discrimination. A comprehensive approach to the reduction and elimination of pay disparity between men and women involving societal, political, cultural and labour market interventions is required (General Survey on the fundamental Conventions, 2012, paragraphs 710–711). The Committee therefore urges the Government to take the necessary steps to reduce the gender pay gap and improve access for women to a more diversified range of jobs, including in sectors where they are absent or under-represented, and at all levels. The Committee asks the Government to supply information on progress made, and to continue to send statistical information concerning the distribution of men and women in the various sectors of activity and their respective wages.

Article 3. Objective job evaluation. In its previous comment the Committee asked the Government to indicate the steps taken to encourage objective job evaluation and ensure that part-time work is not disproportionately underpaid in comparison to full-time work. In its report the Government indicates that section Lp. 1233-8 of territorial Act No. 2011-15 ensures equal remuneration for part-time and full-time employees. The Committee again asks the Government to supply information on the steps taken to promote the development and use of objective job evaluation in the private and public sectors, and to indicate the manner in which it ensures that part-time work is not disproportionately underpaid in comparison to full-time work.

Enforcement. In the absence of a reply from the Government on this point, the Committee again asks the Government to supply detailed information on the enforcement and prevention activities of the labour inspectorate with regard to equal remuneration for men and women for work of equal value. The Government is also requested to send extracts of inspection reports recording any pay disparities and also any court decisions relating to this matter.