Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

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

The Committee notes that the Government’s report contains no reply to its previous comments. It is therefore bound to repeat its previous comments initially made in 2015.

Repetition

Article 1(b) of the Convention. Work of equal value. Legislation. The Committee recalls that section 78 of the Employment Relations Promulgation (ERP) of 2007 does not give full legislative expression to the principle of the Convention as it restricts the comparison of remuneration to men and women holding the “same or substantially similar qualifications” employed in the “same or substantially similar circumstances”. The Committee notes the Government’s indication that a bill to amend the ERP is before the Parliamentary Standing Committee on Justice, Law and Human Rights. However, the Committee notes with regret that the proposed amendments to section 78 continue to restrict equal remuneration to “persons of the same or substantially similar qualifications employed in the same or substantially similar circumstances”. The Committee recalls that equal pay legislation should not only provide for equal remuneration for equal, the same or similar work, but should also address situations where men and women perform different work, requiring different qualifications and involving different circumstances, that is nevertheless work of equal value (see 2012 General Survey on the fundamental Conventions, paragraph 673). The Committee urges the Government to take these comments into account and make the necessary changes to section 78 of the ERP so as to give full legislative expression to the principle of equal remuneration for men and women for work of equal value, and to provide information on the progress made in this respect.

The Committee is raising other points in a request addressed directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.