No. 100 - Equal Remuneration, 1951

Provisions

• Equal remuneration is to be paid to men and women workers for work of equal value without discrimination based on sex.
• The principle of equal remuneration for work of equal value must be applied to all workers.
• Remuneration is defined as the ordinary or basic wage or salary, plus any additional emoluments payable directly or indirectly by the employer to the worker, in cash or kind, and arising out of the employment.
• Differential wage rates that correspond to differences in job content are not contrary to the principle of equal remuneration.

Administered by

Department of Labour

• Disabled Persons Employment Promotion Repeal Act 2007
• Employment Relations Act 2000
• Equal Pay Act 1972
• Holidays Act 2003
• Minimum Wage Act 1983
• Minimum Wage Order 2008
• Parental Leave and Employment Protection Act 1987

Ministry of Justice

• Human Rights Act 1993

Ministry of Women's Affairs

State Services Commission

• Government Service Equal Pay Act 1960

There are other agencies and additional pieces of legislation that are relevant to this Convention; however the aforementioned Acts are the key pieces of legislation.

How New Zealand implements it

• The Equal Pay Act requires all male and female employees to be paid at a rate of remuneration in which there is no element of differentiation based on sex. An employer cannot pay men and women different pay rates for doing the same or substantially similar work, if the only difference is their sex.
• The Equal Pay Act defines remuneration as the salary or wages actually and legally payable to an employee, and includes time and piece wages, overtime, bonus payments, allowances, fees, commission, and other special payments and emoluments. An individual employee and employer are permitted to agree on a rate based on the special qualifications, experience or other qualities of the employee, where this does not involve any discrimination based on sex.
• The Government Service Equal Pay Act requires all government employees to receive equal remuneration for equal work.
• The only pay rates set by national law are the minimum wage rates for new entrants, adults and trainees set under the Minimum Wage Act 1983. The wage rates apply equally to men and women. The Minimum Wage Order currently provides a minimum wage for employees aged 16 years or older, including home workers, casuals, temporary and part-time workers, and a minimum training wage for new entrants which applies to some 16 and 17 year old workers. However, there is no statutory minimum wage for employees who are under 16 years old.
• The Human Rights Act and the Employment Relations Act prohibit discrimination in employment on the grounds of gender.
• The Human Rights Commission and the Department of Labour investigate equal pay complaints in all sectors. Individuals are able to choose the procedures they wish to follow in making a complaint of pay discrimination.
• The Ministry of Women's Affairs is continuing to work closely with the Department of Labour on policy responses to deliver greater pay and employment equity to New Zealand women.
• Additionally, the Government has embarked on a five-year Pay and Employment Equity Plan of Action, based on existing legislation. This ensures that remuneration is free of gender bias and that barriers to employment equity for women are removed in these sectors.

The Convention is applicable to Tokelau.

Ratified - 3 June 1983

Total ratifications - 164

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