Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

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

Article 1 of the Convention. Scope of application. The Committee recalls that it has asked the Government to provide information on the manner in which it ensures that those excluded from the application of the Labour and Employment Relations Act of 2013 (LERA 2013), in particular those working in 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 exempted by order of the Minister published in the Samoa Gazette and the Savali, are afforded the right to equal remuneration for men and women for work of equal value. The Committee notes the Government’s indication that there is no discrimination on the basis of gender during the recruitment process for the Samoan police service and all officials are equally remunerated for work of equal value, but notes that no legislative or policy provisions have been cited in this regard. The Committee recalls that no provision in the Convention limits its scope of application; it applies to all workers, in all sectors of activity, in the public and private sectors, and in the formal and informal economy (see General Survey on the fundamental Conventions, 2012, paragraph 658). The Committee also recalls that in addition to national laws or regulations, the principles of the Convention may be applied by means of wage determination machinery or collective agreements, as well as a range of proactive measures such as undertaking surveys to identify areas of wage differentials or developing pay valuation guides (see General Survey on the fundamental Conventions, 2012, paragraphs 659 and 710). The Committee requests the Government to provide information on the manner in which it is ensured that those categories of workers excluded from the scope of the LERA 2013 have the right to equal remuneration for men and women for work of equal value; such measures may include, in addition to legislative reforms, wage determination machinery, collective agreements, or other proactive measures.

Article 1(a). Remuneration. The Committee notes the Government’s statement that the definition of remuneration under the LERA 2013 covers the ordinary, basic, or minimum wage or salary and any additional emoluments whatsoever payable directly or indirectly, whether in cash or in kind, by the employer to the worker and arising out of the worker’s employment. It notes, however, that this language is not reflected under the definition of remuneration in section 2 of the LERA 2013. The Committee also notes the Government’s indication that the term “classification” as used within the Public Service Act (PSA) of 2004 entails the definition of ordinary or basic wage or salary and any additional emoluments payable directly or indirectly from the employer to the worker for employment. It notes, however, that the term “classification” is not defined in the text of the PSA itself. In this regard, the Committee notes from section 1.2 of the Guideline Paper No. 1 published by the Remuneration Tribunal that for the purpose of the PSA, “total remuneration package” equates to the sum of base salary, cash value of all allowances in a year, and cash equivalent of all benefits in a year. The Committee requests the Government to provide information on measures taken to incorporate the elements of “in kind” as well as direct and indirect payments within the definition of remuneration in section 2 of the LERA 2013. Taking into account that neither the PSA of 2004 nor the Remuneration Tribunal Act of 2003 contains a specific provision concerning the principle of equal remuneration for men and women for work of equal value, the Committee repeats its request to the Government to adopt appropriate measures so as to ensure full respect for this principle in the public service. The Committee also requests the Government to provide information on measures taken to implement the concept of “total remuneration package” as defined by the Remuneration Tribunal within the text of the PSA of 2004 as well as in practice.

Articles 1(b) and 3. Equal remuneration for work of equal value and objective job evaluation. Private sector. The Committee recalls that in its previous comments it had noted that section 19 of the LERA 2013 provides for the concept of “like or similar work” which is narrower than the principle of the Convention. It notes the Government’s indication that section 19 provides for adequate protection against sex discrimination in employment, but also notes that the Government did not reply to whether the concept of “like or similar work” is in fact sufficient in light of the Convention. The Committee notes the Government’s indication that job assessments are conducted by the Remuneration Tribunal when it receives complaints arguing work of different nature yet of equal value, and that these determinations extend to the private sector. However, it also notes that under section 3 of the Remuneration Tribunal Act of 2003, the Act only applies to the public sector. The Committee also notes that the Samoan Chamber of Commerce has the power to conduct job assessments to determine remuneration levels should a complaint be made. The Committee requests the Government to continue to provide information on how section 19 of the LERA 2013, which is narrower than the principle of the Convention, is supplemented in practice in order to fully satisfy section 20(4) of the Act. Specifically, it requests the Government to clarify how decisions of the Remuneration Tribunal extend to the private sector along with specific examples, as well as examples of objective job assessments in the private sector conducted by the Samoan Chamber of Commerce.

Article 2(2)(b). Public service. Wage determination. The Committee recalls its request to the Government to provide information on how section 24 of the PSA of 2004 is implemented, in particular on how the Public Service Commission ensures that the classification process is carried out without any gender bias. It notes the Government’s indication that while there is no specific provision in section 24 of the PSA of 2004 that implements the principles of the Convention, section 18(2)(g) of the Act, which mandates “equal employment opportunity in public service”, minimizes the risk of violating the principles of the Convention, as well as the opinion expressed by the Remuneration Tribunal citing its Guideline Paper No. 1. The Committee further notes the statistics submitted by the Government on the number of public officials working in the public service sector for the financial year 2013–14, which show that female officials outnumber male officials, with the exception of Chief Executive Officers and wage workers. However, it notes that, in the Samoa Public Service Workforce Plan 2013–16, the majority of the workforce in public service is composed of teachers, who receive the lowest level of remuneration (69 per cent of whom are classified in the T1 through T3 levels) compared to the rest of the professional workforce. Taken together with the fact that women outnumber men by almost three to one in the Ministry of Education, Sports and Culture, which in turn comprise 48 per cent of the public service workforce, and that the female to male ratio for “first tier” senior management positions is 1:2.3 across the board, the Committee notes the fact that a large percentage of female public service workers are employed in teaching positions that receive lower remuneration compared to the rest of the workforce. In this regard, the Committee recalls that it is important to ensure a job evaluation method is used to design or adjust occupational wage schemes so that it is free from gender bias, and that the choice of factors for comparison, the weighting of these factors, and the actual comparison carried out are not inherently discriminatory. In particular, it needs to be ensured that certain skills considered to be “female” (such as taking care of children) are not undervalued in comparison to traditionally “male” skills (see General Survey on the fundamental Conventions, 2012, paragraph 706). The Committee requests the Government to provide more information on how the Public Service Commission ensures that its job classification process is free from gender bias, particularly in the context of comparing teaching positions with other professional positions in the public service. It also requests the Government to provide copies of job classifications carried out by the Public Service Commission, indicating how many women and men are currently occupying the different posts in the public service, as well as their respective wage levels. The Committee also requests the Government to continue to provide information on the activities of the Remuneration Tribunal and whether, and to what extent, the principle of the Convention is applied in the advice it provides and the recommendations it implements.

Articles 2(2)(c) and 4. Collective bargaining and cooperation with employers’ and workers’ organizations. The Committee requests the Government to provide more information on how sections 21 and 83(2)(q) of the LERA 2013 are implemented to promote the principle of equal remuneration for men and women for work of equal value, including specific examples such as requiring collective agreements to incorporate provisions mandating the principle of equal remuneration. It also requests the Government to provide more information regarding how employers’ and workers’ organizations engage in collective bargaining in the context of the National Tripartite Forum, as well as regarding any other related measures.

Objective job evaluation. Public service. The Committee notes the Government’s indication that the Remuneration Tribunal has adopted the Cullen Egan Dell job evaluation method in formulating its advice regarding equal remuneration complaints in the public service, and that this standard has been extended to statutory entities and corporations but not to positions in Parliament, Cabinet, Judiciary and the Council of Deputies. The Committee requests the Government to provide more information as to how the objective job evaluation method is implemented in practice by the Remuneration Tribunal, indicating in particular how many public servants, disaggregated by sex, have gone through this process. 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.