Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Equal Remuneration Convention, 1951 (No. 100) - Samoa (Ratification: 2008)

Scope of application. The Committee notes the adoption on 5 April 2013, of the Labour and Employment Relations Act, which repeals the Labour and Employment Act, 1972. The Committee notes that, according to section 3 of the Act, the Act does not apply to the service of Samoa, the police service, the service rendered to a matai (traditional authority) under the aiga system or subsistence agricultural activities and any service or class of service which may be excepted by order of the Minister published in the Samoa Gazette and the Savali. The Committee recalls that no provision in the Convention limits its scope of application as regards individuals or branches of activities. The Committee asks the Government to provide information on the manner in which it is ensured that those categories of workers excluded from the scope of the Labour and Employment Relations Act, 2013, have the right to equal remuneration for men and women for work of equal value.

Article 1(a) of the Convention. Remuneration. The Committee notes that according to section 2 of the Labour and Employment Relations Act, 2013, “remuneration includes the ordinary, basic or minimum wage or salary and any additional emoluments payable by the employer to the employee and arising out of the employee’s employment”. Taking into account that the Public Service Act, 2004, does not provide for a definition of remuneration, the Committee asks the Government to indicate what is considered remuneration in the public service. The Committee also asks the Government to clarify whether the definition of remuneration in section 2 covers direct and indirect payments as well as payments “in kind”.

Article 1(b). Equal remuneration for work of equal value. Private sector. The Committee notes that section 20(4) of the Labour and Employment Relations Act, 2013, provides that “every employer shall pay male and female employees equal remuneration for work of equal value”. However, section 19 provides for the concept of like or similar work which is narrower than the principle of the Convention. Section 19(1) provides that “[a] female who is employed on like work with a male in the same employment is entitled to remuneration at the same rate as the male”. Section 19(2) provides that “[a] female is to be regarded as employed on similar work with males, if her work and the work of males are of the same or broadly similar in nature, and the differences, between the work she does and the work the males do are not of practical importance in relation to terms and conditions of employment”. The Committee recalls that the concept of “work of equal value” includes, but goes beyond, equal remuneration for “equal”, “the same” or “similar” work, and also encompasses work that is of an entirely different nature, which is nevertheless of equal value (see General survey on the fundamental Conventions, 2012, paragraph 673). The Committee asks the Government to provide information on the interrelationship of sections 19 and 20 of the Labour and Employment Relations Act 2013, and their application in practice and on how it is ensured that equal remuneration is also granted for jobs that are of a different nature but are of equal value.

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which reads as follows:

Collective bargaining. The Committee asks the Government to indicate the role of collective bargaining in wage fixing generally, and more specifically in ensuring and promoting the principle of equal remuneration for men and women for work of equal value.

Public service. Wage determination. The Committee notes that the Public Service Act, 2004, does not contain any provision concerning the principle of equal remuneration for men and women workers for work of equal value. The Committee further notes the Government’s indication that the application of the Public Service Act, 2004, is supervised by the Public Service Commission. Section 24 of the Act provides that this Commission must determine the occupational classes of employees, divide each occupational class into grades on the basis of a job classification system determined by the Commission, and determine the minimum and maximum salaries for each grade and annual incremental steps that apply to each grade. The Government further indicates that this Commission has regard to the principles of gender balance and natural justice in their recruitment and selection criteria. The Committee further notes the Government’s indication according to which the Remuneration Tribunal, established pursuant to the Remuneration Tribunal Act, 2003, is aimed at providing advice to the Government concerning salaries, allowances and other benefits to be paid to certain holders of public office and other persons and to enable the Head of State to set the salaries, allowances and other benefits to be paid to certain holders of public office. The Committee asks the Government to provide additional information on the implementation of section 24 of the Public Service Act, 2004, in particular on how it is ensured that the classification is carried out without any gender bias. Please provide copies of job classifications carried out, indicating how many women and men are currently occupying the different posts in the public service, as well as the respective wage levels. The Committee also requests the Government to provide information on the application of the Remuneration Tribunal Act, 2003, and whether, and to what extent the principle of the Convention is applied in the advice provided and recommendations implemented.

Taking into account that neither the Public Service Act, 2004, nor the Remuneration Tribunal Act, 2003, contains a specific provision concerning the principle of equal remuneration for men and women for work of equal value, the Committee asks the Government to adopt appropriate measures so as to ensure the full respect for this principle in the public service.

Article 3. Objective job evaluation. Public service. The Committee notes that according to section 6 of the Remuneration Tribunal Act, 2003, when inquiring on salaries, allowances and other benefits to be paid to the holders of public offices the Tribunal shall have regard to the comparative status and work value of the public offices and other offices. The Committee asks the Government to provide information on the manner in which the Remuneration Tribunal Act, 2003, is implemented in practice, indicating in particular how many public servants, disaggregated by sex, are covered by this Act. Please provide copies of concrete cases of advice provided in the framework of this Act, including the comparison among public offices carried out according to section 6 of the Act, and the final decisions adopted by the Government in this respect.