Equal Remuneration Convention, 1951 (No. 100) - Iran (Islamic Republic of) (RATIFICATION: 1972)

CMNT_TITLE

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee proceeded with the examination of the application of the Convention on the basis of the supplementary information received from the Government this year, as well as the information at its disposal in 2019

Articles 1(b) and 2(2)(a). Equal remuneration for work of equal value. Legislation. Scope of application. The Committee recalls its previous comment concerning the lack of application of the labour law to establishments with fewer than five employees and to export processing zones. The Committee takes note of the Law on exemption of workshops and businesses with five and fewer workers from application of the labour law, attached to the Government’s report, and notes that this Law expired automatically at the end of the 3rd Economic, Social and Cultural Development Plan (2000–04). The Committee notes the Government’s indication that since that time the Labour Code has been applied to establishments with fewer than five employees. The Committee also takes due note of the Regulations on Recruitment of Human Resources, Insurance and Social Security in Free Trade-Industrial Zones, 1994, and notes that section 27 of these Regulations provides that, “for doing similar work in similar conditions in a workshop, male and female workers should be paid equally”. The Committee notes this information and refers to its observation regarding the importance of legislation fully reflecting the principle of equal remuneration for work of equal value for men and women, rather than for “equal”, “the same” or “similar work”.

Article 2(2)(b). Minimum wages. The Committee recalls its previous comments in which it expressed its concern at the low level of minimum wages and the extent to which women predominate in minimum wage employment. The Committee notes the Government’s indication that the minimum wage and other wage increments are set at the national level, rather than the regional or sectoral levels. The Committee welcomes the supplementary information provided by the Government according to which in April 2020 the minimum wage and the minimum receivable were increased by 21 per cent and 32 per cent, respectively, in comparison with the previous year. The Government adds that, following a request by workers’ organizations, the High Labour Council approved a new wage Circular in June 2020 in which workers' housing allowance was increased by 200 per cent, bringing the overall increase in the minimum wage to 41.8 per cent. Noting the Government’s indication that such data is not available, the Committee asks the Government to: (i) take the necessary steps to collect statistics on the percentage of women and men who are paid the minimum wage; and (ii) provide information on the level at which the minimum wage is set.

Article 3. Objective job evaluation. The Committee takes note of the extracts of the Public Service Law, 2007, attached to the Government’s report. It notes however that, based on these extracts, it is not able to assess whether the job classification system in the public sector is in line with the principle of the Convention. With regard to job evaluation systems in the private sector, the Committee notes the Government’s indication that all employers with more than 50 employees are required to set up a job classification committee. It takes note of the Guidelines and Duties of Workshop Job Classification Standing Committees, 2011, detailing how such committees are established and their main duties. However, the Committee notes that no information has been provided regarding the method of job classification used by these committees to determine the level of wages paid within the company. In this regard, the Committee recalls that often skills considered to be “female”, such as manual dexterity and those required in the caring professions, are undervalued or even overlooked, in comparison with traditionally “male” skills, such as heavy lifting. For these reasons, the Committee once again asks the Government to provide information on how it is ensured that the job classification systems of both the public and private sectors are free from gender bias and do not undervalue skills and tasks predominantly performed by women. To this end, the Government is requested to provide: (i) examples of the job classification plans prepared under section 6 of the Guidelines and Duties of Workshop Job Classification Standing Committees, 2011; (ii) the Job Evaluation and Classification System, including the four main factors and the 14 sub-factors, approved on 9 August 2010; and (iii) specific information on the application in practice of the uniform payment of salaries under the Public Service Law, 2007. The Committee asks the Government to take the necessary steps to collect information on the distribution of men and women within the classification system, and to provide information as soon as this data is compiled.

Monitoring and enforcement. The Committee notes the information provided by the Government on the number of claims regarding pay discrimination and the number of disputes arising out of the application of the job classification system lodged and dealt with by the labour dispute authorities in 2017. The Committee notes the Government’s statement that information on the number of cases filed based on sex discrimination is not available. In its supplementary information, the Government indicates the number of inspections carried out by the labour inspectorate between 2015 and 2019 (14,040 related to wages and 858 related to job classification in 2019). The Government adds that training is provided to members of job classification committees. The Committee also notes that the Government reiterates its interest in receiving training, in conjunction with the ILO International Training Centre in Turin, for judges at the national level on international labour standards and fundamental labour rights, including this Convention. The Committee notes the information provided on the number and nature of inspections carried out, as well as the claims and disputes filed on pay discrimination in general and the application of the job classification system. In this respect, it notes the Government’s indication that it does not collect wage statistics by sex and its request to receive ILO technical assistance to gain the required expertise to collect such data. In its supplementary information, the Government indicates that a Labour Force Survey has been carried out by the Statistical Centre of Iran and that the results will be forwarded when published. The Committee once again urges the Government to take concrete steps to collect and analyse information on the existing gender pay gap and its underlying causes, and to identify measures that can be taken to reduce this pay gap. It also asks the Government to provide the results of the Labour Force Survey once published and to ensure that wage statistics, disaggregated by sex, for the various sectors and occupations in the public and private sectors, are collected and updated regularly.

CMNT_TITLE

The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee proceeded with the examination of the application of the Convention on the basis of the supplementary information received from the Government this year, as well as the information at its disposal in 2019

Articles 1(b) and 2(2)(a). Equal remuneration for work of equal value. Legislation. Scope of application.  The Committee recalls its previous comment concerning the lack of application of the labour law to establishments with fewer than five employees and to export processing zones. The Committee takes note of the Law on exemption of workshops and businesses with five and fewer workers from application of the labour law, attached to the Government’s report, and notes that this Law expired automatically at the end of the 3rd Economic, Social and Cultural Development Plan (2000-04). The Committee notes the Government’s indication that since that time the Labour Code has been applied to establishments with fewer than five employees. The Committee also takes due note of the Regulations on Recruitment of Human Resources, Insurance and Social Security in Free Trade-Industrial Zones, 1994, and notes that section 27 of these Regulations provides that, “for doing similar work in similar conditions in a workshop, male and female workers should be paid equally”.  The Committee notes this information and refers to its observation regarding the importance of legislation fully reflecting the principle of equal remuneration for work of equal value for men and women, rather than for “equal”, “the same” or “similar work”.

Article 2(2)(b). Minimum wages.  The Committee recalls its previous comments in which it expressed its concern at the low level of minimum wages and the extent to which women predominate in minimum wage employment. The Committee notes the Government’s indication that the minimum wage and other wage increments are set at the national level, rather than the regional or sectoral levels. The Committee welcomes the supplementary information provided by the Government according to which in April 2020 the minimum wage and the minimum receivable were increased by 21 per cent and 32 per cent, respectively, in comparison with the previous year. The Government adds that, following a request by workers’ organizations, the High Labour Council approved a new wage Circular in June 2020 in which workers' housing allowance was increased by 200 per cent, bringing the overall increase in the minimum wage to 41.8 per cent. Noting the Government’s indication that such data is not available, the Committee asks the Government to: (i) take the necessary steps to collect statistics on the percentage of women and men who are paid the minimum wage; and (ii) provide information on the level at which the minimum wage is set..

Article 3. Objective job evaluation.  The Committee takes note of the extracts of the Public Service Law, 2007, attached to the Government’s report. It notes however that, based on these extracts, it is not able to assess whether the job classification system in the public sector is in line with the principle of the Convention. With regard to job evaluation systems in the private sector, the Committee notes the Government’s indication that all employers with more than 50 employees are required to set up a job classification committee. It takes note of the Guidelines and Duties of Workshop Job Classification Standing Committees, 2011, detailing how such committees are established and their main duties. However, the Committee notes that no information has been provided regarding the method of job classification used by these committees to determine the level of wages paid within the company. In this regard, the Committee recalls that often skills considered to be “female”, such as manual dexterity and those required in the caring professions, are undervalued or even overlooked, in comparison with traditionally “male” skills, such as heavy lifting. For these reasons, the Committee once again asks the Government to provide information on how it is ensured that the job classification systems of both the public and private sectors are free from gender bias and do not undervalue skills and tasks predominantly performed by women. To this end, the Government is requested to provide: (i) examples of the job classification plans prepared under section 6 of the Guidelines and Duties of Workshop Job Classification Standing Committees, 2011; (ii) the Job Evaluation and Classification System, including the four main factors and the 14 sub-factors, approved on 9 August 2010; and (iii) specific information on the application in practice of the uniform payment of salaries under the Public Service Law, 2007. The Committee asks the Government to take the necessary steps to collect information on the distribution of men and women within the classification system, and to provide information as soon as this data is compiled.

Monitoring and enforcement.  The Committee notes the information provided by the Government on the number of claims regarding pay discrimination and the number of disputes arising out of the application of the job classification system lodged and dealt with by the labour dispute authorities in 2017. The Committee notes the Government’s statement that information on the number of cases filed based on sex discrimination is not available. In its supplementary information, the Government indicates the number of inspections carried out by the labour inspectorate between 2015 and 2019 (14,040 related to wages and 858 related to job classification in 2019). The Government adds that training is provided to members of job classification committees. The Committee also notes that the Government reiterates its interest in receiving training, in conjunction with the ILO International Training Centre in Turin, for judges at the national level on international labour standards and fundamental labour rights, including this Convention. The Committee notes the information provided on the number and nature of inspections carried out, as well as the claims and disputes filed on pay discrimination in general and the application of the job classification system. In this respect, it notes the Government’s indication that it does not collect wage statistics by sex and its request to receive ILO technical assistance to gain the required expertise to collect such data. In its supplementary information, the Government indicates that a Labour Force Survey has been carried out by the Statistical Centre of Iran and that the results will be forwarded when published. The Committee once again urges the Government to take concrete steps to collect and analyse information on the existing gender pay gap and its underlying causes, and to identify measures that can be taken to reduce this pay gap. It also asks the Government to provide the results of the Labour Force Survey once published and to ensure that wage statistics, disaggregated by sex, for the various sectors and occupations in the public and private sectors, are collected and updated regularly.

CMNT_TITLE

Legislation. Scope of application. The Committee recalls its previous comment concerning the lack of application of the labour law to establishments with fewer than five employees and to export processing zones. The Committee notes the Government’s indication that the law exempting small establishments from application of the Labour Code was repealed on 6 April 2003, and that since that time the Labour Code has applied to establishments with fewer than five employees. The Committee also notes the Government’s indication that insurance, employment and social security regulations apply to free zones and that section 27 of these regulations is identical to section 38 of the Labour Code. The Committee notes this information and asks the Government to please provide a copy of the legal act abolishing the exception for establishments with fewer than five employees from the application of the Labour Code. The Committee also asks the Government to provide a copy of the regulations governing export processing zones, in particular section 27.

Article 2 of the Convention. Minimum wages. In its previous comment, the Committee expressed concern at the low level of minimum wages and the extent to which women predominate in minimum wage employment. The Committee notes that, pursuant to section 41 of the Labour Code, the tripartite Supreme Labour Council is responsible for determining minimum wages and other wage increments, and that many factors go into the negotiated rate, including aspects of economic development, as well as the need to ensure workers’ livelihoods and purchasing power. The Committee notes the mandate, over the last three years, for the minimum wage to be increased annually at a rate at least proportionate to the rate of inflation; and that, due to positive economic factors, the Supreme Labour Council has approved an increase in the minimum rate that is even higher than the inflation rate. The Committee notes that this has had the impact of reversing the trend in 2007–13, when the minimum wage lagged behind the inflation rate; and that from 2014 to 2016, the minimum wage rose by 18.7 per cent, while average inflation was 12.7 per cent. The Government indicates that workers’ purchasing power has significantly increased over the past three years. The Committee asks the Government to provide information on the level at which minimum wages are set, for example at the national, regional or sectoral level, and to provide statistics on the percentage of women and men who are paid the minimum wage.

Article 3. Objective job evaluation. With reference to its previous comments, the Committee recalls that only labour force statistical information was attached to the previous report of the Government and that no attachments were provided with the Government’s report received on 30 September 2016. The Committee once again asks the Government to provide copies of Public Service Law No. 2007, the Guidelines and Duties of Workshop Job Classification Standing Committees issued on 17 February 2011, and the Job Evaluation and Classification System, including the four main factors and the 14 subfactors, approved on 9 August 2010. The Committee reiterates its request to the Government to indicate which sectors are covered by the classification system and to provide the distribution of men and women within the classification system, as soon as those data are compiled.

Article 4. Cooperation with employers’ and workers’ organizations. The Committee notes the information provided by the Government and asks it to continue providing information on the specific measures taken in cooperation with employers’ and workers’ organizations, including the decisions and measures taken by the Supreme Labour Council, in order to promote and ensure equal remuneration for work of equal value for women and men, and the results achieved. The Committee reiterates its request for copies of Directives Nos 36 and 38, which the Government indicates were inspired by the Convention.

Monitoring and enforcement. The Committee thanks the Government for the information on the number of claims regarding discrimination in pay and the number of disputes arising from the application of the job classification system which were lodged and dealt with by the labour dispute authorities in 2014 and 2015. The Committee is of the view that the number of claims appears to demonstrate a functioning labour inspectorate and dispute resolution authorities, as well as the need of employers for education and training. The Committee notes the training provided to labour inspectors on fundamental labour rights and the Government’s request for ILO technical assistance and training for labour inspectors and the judiciary. In this regard the Committee notes the Government’s readiness to hold a course for judges at the national level in conjunction with the ILO International Training Centre in Turin on international labour standards and fundamental labour rights, including this Convention. The Committee asks the Government to continue providing information on the number and nature of claims and disputes filed on pay discrimination and the application of the job classification system, and to indicate the number of these cases that were filed based on sex discrimination. The Committee also asks the Government to provide information on any education or training programmes provided to employers and workers on how to ensure that men and women are paid equal remuneration for work of equal value.

Practical application and statistics. The Committee once again requests the Government to provide wage statistics disaggregated by sex for the various sectors and occupations in the public and private sectors. The Committee urges the Government to take steps to collect and analyse information on the existing gender pay gap and its underlying causes, and to identify measures that can be taken to reduce the gender pay gap.

CMNT_TITLE

Article 1(b) of the Convention. Equal remuneration for work of equal value. Legislation. The Committee recalls that for a number of years it has been noting that section 38 of the Labour Code is narrower than the principle in the Convention, as it provides for the payment of equal remuneration for men and women for equal work under equal conditions. The Committee notes from the Government’s report that it has submitted a revision of section 38 of the Labour Code to the Islamic Consultative Parliament for adoption, after it was approved by the Cabinet of Ministers and signed by the President on 3 December 2012. According to the Government, the amendment would provide that “women and men in the same workplace must be paid equal remuneration for performance of work of equal value”. The Committee notes that the amendment is currently under investigation by Parliamentary committees. The Committee welcomes the proposed amendment to include “work of equal value” into section 38. It would also like to draw the Government’s attention to the fact that the Convention includes, but does not limit application of the principle of equal remuneration for work of equal value to men and women “in the same workplace”, and provides that this principle should be applied across different enterprises to allow for a much broader comparison to be made between jobs performed by women and men. The Convention thus calls for the reach of comparison between jobs performed by men and women to be as wide as possible in the context of the level at which wage policies, systems and structures are coordinated (see the General Survey on the fundamental Conventions, 2012, paragraphs 697 and 698). The Committee hopes the Government will be in a position in its next report to indicate that section 38 of the Labour Code has been amended to include the principle of equal remuneration for work of equal value for men and women. It also hopes the Government will ensure that the principle of work of equal value applied to men and women in employment, as far as is consistent with wage fixing, and not only to those within the same workplace. The Committee also asks the Government to supply copies of the Directives issued on 30 December 2013 and 21 February 2015 which implement sections 38 and 49 of the Labour Code and address discrimination in payments, establish justice and pay parity and regulate the job classification system.

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

CMNT_TITLE

Scope of application. The Committee notes the concerns raised by the UN Committee on Economic, Social and Cultural Rights (CESCR), in its concluding observations of 10 June 2013, that the labour laws do not apply to workplaces with fewer than five workers or in export processing zones, thus resulting in approximately 700,000 workers being excluded from its application (E/C.12/IRN/CO/2, paragraph 13). The Committee recalls that there are no exclusions permitted under the Convention, and that the right to equal remuneration for men and women for work of equal value should apply to all workers, including those in export processing zones, and regardless of the size of the enterprise (see General survey on fundamental Conventions, 2012, paragraph 658). The Committee asks the Government to provide detailed information on how the right to equal remuneration for men and women for work of equal value is ensured, in law and practice, for workers in small enterprises and those working in export processing zones.

Article 2 of the Convention. Minimum wages. The Committee notes the concerns raised by the CESCR, regarding the low level of the minimum wage announced by the Supreme Labour Council (ibid., paragraph 14). The Committee recalls that minimum wages are an important means by which the Convention can be applied. As women predominate in low-wage employment, the minimum wage can be important in reducing the gender pay gap; though if it is set at a very low level, it could have the opposite effect. The Committee asks the Government to take steps to ensure that the minimum wage setting process addresses the need to promote equal remuneration for men and women for work of equal value, and to provide information on the concrete steps taken in this regard. Please provide information on how the minimum wage is established, and up to date information on the minimum wage rate, including its relationship to the median hourly earnings.

Article 3. Objective job evaluation. The Committee notes the Government’s indication that job classification in the units subject to the Labour Code is based on the score method, and that the main factors in evaluation and classification systems include skills, responsibilities, effort and working conditions, which are then divided into fourteen secondary factors including education, experience, supervision, intellectual and physical effort, etc. The Government also refers to job classification committees, which include staff representatives. The Committee asks the Government to indicate which workers or specific sectors are covered by the new job classification system, and the distribution of men and women at the various classification levels. The Committee also asks the Government to provide specific information regarding the job classification committees, including their mandate and how they function in practice. Please also provide a copy of the job classification system, as well as of the Public Service Law, 2007, and the Uniform Payment System for governmental staff, which was not attached to the Government’s report.

Article 4. Cooperation with employers’ and workers’ organizations. The Committee notes the Government’s indication that the tripartite Supreme Labour Council determines remuneration policy. The Committee asks the Government to provide information on the specific measures taken in cooperation with the employers’ and workers’ organizations, including in the context of the Supreme Labour Council, to promote and ensure equal remuneration for men and women for work of equal value, and the results thereof.

Parts III and IV of the report form. Monitoring and enforcement. Noting the Government’s general indication that violations of section 38 of the Labour Code are addressed by the courts, the Committee asks the Government to provide detailed information on the nature and number of cases that have been addressed by the courts or the labour inspectors, the remedies provided and any sanctions imposed. Please also provide information on any steps taken to increase the capacity of judges, labour inspectors and other officials to identify and address unequal remuneration.

Part V. Statistics. The Committee notes the Government’s indication that wage statistics, disaggregated by sex are available; however, the statistics then provided primarily date from 1992 and do not indicate wage levels. The Committee recalls the importance of the collection and analysis of statistics, in order to be able to identify and address the gender pay gap and unequal remuneration, and to determine the practical impact of measures being taken. The Committee again asks the Government to provide statistics on the distribution of men and women respectively, in the various sectors and occupations, and the corresponding wages. Please also indicate any steps taken to analyze the gender pay gap and its underlying causes.

CMNT_TITLE

Article 1(b). Equal remuneration for work of equal value. Legislation. The Committee has been noting for a number of years that section 38 of the Labour Code is narrower than the principle of the Convention, and urged the Government to take the opportunity of the review of the Labour Code to give full expression to the principle of equal remuneration for men and women for work of equal value. The Committee recalls that section 38 provides that “In compensating for equal work performed under equal conditions at a workshop, equal wages must be paid to men and women. Discrimination in determining the wages on the basis of age, sex, race, nationality, and political and religious beliefs shall be prohibited.“ The Government previously indicated that in the review of the Labour Code, the comments of the Committee would be considered; from its most recent report, it appears that the process of reviewing the Labour Code is still ongoing.

The Committee recalls that the concept of “work of equal value” lies at the heart of the fundamental right of equal remuneration for men and women for work of equal value, and the promotion of equality. The concept of “work of equal value” is key to tackling occupational sex segregation, which characterizes the labour market of Iran, with women working in a narrower range of jobs than men, and with certain jobs being held predominately or exclusively by women and others by men. The concept of “work of equal value” permits a broad scope of comparison, including but going beyond equal remuneration for “equal work” or work performed under “equal conditions”, and also encompasses work that is of an entirely different nature which is nevertheless of equal value (see General Survey on fundamental Conventions, 2012, paragraph 673). The Committee also notes that legislation should not exclude the possibility of bringing equal pay claims where no comparator is available within the enterprise, or “workshop” (see General Survey of 2012, paragraph 699). Noting that the labour law review process has been underway for a number of years, the Committee asks the Government to take steps to give full legislative expression to the principle of equal remuneration for men and women for work of equal value, ensuring that the provision encompasses not only equal work or work performed under equal conditions, but also work of an entirely different nature which is nevertheless of equal value, and to provide information on the steps taken in this regard.

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

CMNT_TITLE

Legislative framework. The Committee had previously noted that section 38 of the Labour Code did not fully apply the principle of the Convention since it appeared to limit the right to equal wages for work of equal value to the same workplace and to work performed under the same conditions. The Government had indicated previously that “workplace” in the Labour Code included all sections and different parts of an establishment. The Committee recalls that the application of the Convention’s principle is not limited to comparisons between men and women in the same establishment or enterprise and that a broad scope of comparison is essential in order to effectively promote equal remuneration for men and women for work of equal value. The Committee also stresses that when jobs are undertaken in entirely different conditions but are nevertheless of equal value, equal remuneration for men and women should be ensured. The Committee notes the Government’s indication that the Labour Code is still under review and that the comments of this Committee have been brought to the attention of the working group responsible for studying and proposing amendments to the Labour Code, and that broader studies are needed. The Committee again urges the Government to take the opportunity of the review of the Labour Code to give full expression to the principle of equal remuneration for men and women for work of equal value, and to broaden the scope of application of the principle, ensuring that it is not limited to work performed under the same conditions and in the same establishment. Please provide information on progress made in this regard.

National plan. The Committee notes that the national action plan for decent work has been extended under article 25 of the Fifth Economic, Social and Cultural Development Plan, approved on 5 January 2011 for a period of 5 years. The Government states that under the plan, the Government adopted in January 2010 a National Charter of Decent Work which incorporates the principle of the Convention. The Committee notes that the Government did not provide information on the impact that the 2005 national action plan for decent work has had in practice with respect to the remuneration of women and men. The Committee asks the Government to provide more specific information on the practical application of the national action plan for decent work and particularly to indicate how it ensures effective application of the principle of equal remuneration for men and women for work of equal value.

Collective agreements. The Committee notes the Government’s indication that no collective agreements addressing the principle of equal remuneration for men and women for work of equal value have been concluded. The Government considers that this is due to the fact that employers and workers have not expressed the need to include the principle of the Convention in collective agreements and that there have not been any conflicts or disputes revolving around equal remuneration for men and women for work of equal value. The Committee asks the Government to take steps in collaboration with employers’ and workers’ organizations to encourage the inclusion of provisions in collective agreements ensuring equal remuneration for men and women for work of equal value. Please provide information in this regard.

Discriminatory wage scales and occupational segregation. The Committee previously noted that in order to address the issue of discriminatory wages between male and female teachers, the Government had adopted a uniform payment system in 2009 under the Public Service Law of 2007, which provides for payment of salaries of public servants to be based on an evaluation of factors related to the job and to the employee, as well as other elements of equal value, including qualifications and experience. The Committee had previously asked the Government to indicate how it was ensured that posts in the public service predominantly held by women were not undervalued following the uniform payment system. The Government indicates in very general terms that the principle of the Convention is included in the Public Service Law of 2007 and that therefore, it applies equally to all posts, ensuring that posts predominantly held by women in the public service are not undervalued. The Committee asks the Government to provide more specific information on the application in practice of the uniform payment of salaries and methods used to evaluate factors related to the job and the employee in posts held predominantly by women. The Committee once again asks the Government to provide a copy of the Public Service Law and the uniform payment system.

Objective job evaluation. The Committee notes the Government’s indication that sufficient guarantees will be provided to ensure that criteria used in the draft job classification system are free from gender bias, without however providing any details. The Committee asks the Government to provide information on any developments regarding the draft job classification system and to provide a copy once it has been finalized. The Committee also asks the Government to provide more specific information on measures taken to ensure that the criteria used in job evaluation and the classification system referred to in sections 48 and 49 of the Labour Code are free from gender bias.

Enforcement. The Committee notes that in 2010, labour inspectors detected 171 cases of violations related to section 38 of the Labour Code. The Government indicates that efforts were made to collect information on decisions of judicial bodies regarding equal remuneration for men and women for work of equal value and that this information will be provided as soon as it is made available. The Committee also notes that in order to improve the labour inspection system, the Government increased the number of labour inspectors and improved their working conditions and facilities. The Committee asks the Government to provide information on any remedies provided or sanctions imposed with respect to cases of the violation of section 38 of the Labour Code detected by the labour inspectors. The Committee asks the Government to provide information on any judicial or administrative decisions addressing equal remuneration for work of equal value. The Committee asks the Government to continue providing information on measures taken to improve the capacity of labour inspectors, including with regard to workplace evaluations and verifying the application of job classification. The Committee encourages the Government to continue raising awareness on equal remuneration for men and women for work of equal value and on the procedures and redress available and to provide information thereof.

Practical application. Statistics. Noting that the Government has developed software in order to collect statistical information, the Committee asks the Government to provide the fullest possible statistical information disaggregated by sex, on the distribution of men and women in the various occupations in the public and private sectors and their corresponding earnings. The Committee also encourages the Government to undertake studies into the underlying causes of the wage gap and to take steps in order to reduce the gap. Please provide information in this regard.

CMNT_TITLE

Legislative framework. The Committee notes its previous comments regarding the scope of section 38 of the Labour Code, which it considered to be narrower than the principle set out in the Convention, since it appears to limit the right to equal wages for work of equal value to the same workplace and to work performed under the same conditions. The Committee notes the Government’s indication that the reference to “workplace” in the Labour Code includes all sections and different parts of an establishment. The Government does not address the issue of the requirement under the Labour Code that work must be performed under the same conditions. The Committee recalls in this regard that equal remuneration for men and women for work of equal value should be ensured even if the work is undertaken in entirely different conditions. The Committee notes its 2006 general observation stressing the importance of a broad scope of comparison in determining “work of equal value” in order to address occupational segregation, where men and women often perform different jobs, under different conditions, and even in different establishments. The Committee had noted that the application of the Convention allows for broad comparison between jobs performed in different places or enterprises, or between different employers. Noting that the Labour Code is currently under review, the Committee urges the Government to ensure that amendments will be made to give full legislative expression to the principle of equal remuneration for men and women for work of equal value, without limiting the application of the principle to work performed under the same conditions and in the same establishment.

National plan. The Committee notes the general information provided by the Government regarding the 2005 national action plan for decent work, which was adopted by the National Tripartite Consultative Committee. The Committee asks the Government to provide more detailed information on the manner in which the principle of the Convention has been incorporated in the national action plan for decent work, and any impact that the implementation of the national action plan has had in practice with respect to the remuneration of women and men. The Committee also asks the Government to clarify whether the 2005 national action plan for decent work was adopted pursuant to the Fourth Economic, Social and Cultural Development Plan (2005–09), and if a new development plan has been adopted for the period from 2009. Please also provide a copy of the national plan adopted pursuant to article 101 of the Development Plan.

Collective agreements. The Committee notes the Government’s indication that the 2001 National Collective Agreement is no longer in force. The Committee asks the Government to continue to provide information on any collective agreements addressing the principle of equal remuneration for men and women for work of equal value, and any measures taken to promote the inclusion of the principle in collective agreements.

Discriminatory wage scales. Regarding the discriminatory wages between male and female teachers, the Committee notes the Government’s reply that, due to the adoption of the Public Service Law, 2007, a uniform payment system has been in effect since April 2009. The Government indicates that, according to section 64 of the uniform payment system, the payment of salaries of public servants is to be based on an evaluation of factors related to the job and to the employee, as well as other elements of equal value, and includes qualifications and experience. The Committee asks the Government to indicate how under the uniform payment system it has been ensured that posts in the public service predominantly held by women have not been undervalued compared with those predominantly held by men. Please also provide a copy of the Public Service Law and the uniform payment system, as these were not annexed to the Government’s report.

Job evaluation. With respect to the job evaluation and classification system referred to in sections 48 and 49 of the Labour Code, the Committee notes the Government’s indication that the majority of workers will be covered by the draft job classification system, which is being prepared with the cooperation of the Job Classification Committee, representatives of workers and employers, and job classification professionals, and which will ensure equal remuneration for work of equal value. The Committee asks the Government to provide further information on the methods used in the job classification process, including with respect to job evaluation methods which seem to be required under section 48 of the Labour Code, to ensure the criteria used are free from gender bias, and that jobs predominantly performed by women are not undervalued in relation to those undertaken by men

Enforcement. Regarding measures to improve the capacity of labour inspectors, the Committee notes the Government’s indication that the Labour Inspection Department has improved its general system of labour inspection, including adopting check lists of new tasks for labour inspectors, and regarding workplace evaluations and verifying the application of the job classification system. The Government also refers to training provided to workers to inform them of their rights and benefits under the Labour Code, including to equal remuneration for work of equal value. The Ministry of Labour and Social Affairs has also been responding to questions from workers regarding the issue of equal remuneration, consultation processes and dispute resolution procedures, through publications, television and the website, as well as in person. Welcoming the initiatives of the Government to improve the labour inspection system and provide information to workers regarding equal remuneration, the Committee requests updated information on the number and nature of violations of the principle of equal remuneration reported to or detected by the labour inspectors, including any remedies provided and sanctions imposed. Please also provide information on any judicial or administrative decisions addressing equal remuneration for work of equal value. The Committee also notes that the information referred to by the Government regarding the improvements in the labour inspection system were not annexed to its report, and asks that copies be provided.

Statistics and the wage gap. The Committee notes that the Government again provides no wage statistics. The Committee must again emphasize that an analysis of the position and pay of men and women in all job categories within and between the various sectors is required to address fully the continuing remuneration gap between men and women. The Committee, therefore, again urges the Government to provide the fullest possible statistical information, disaggregated by sex, on the distribution of men and women in the various occupations in the public and private sectors and their corresponding earnings. Please also indicate any steps taken to undertake studies into the underlying causes of the wage gap and any steps taken to reduce the gap.

 

CMNT_TITLE

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 read as follows:

Legislative framework. The Committee notes that section 38 of the Labour Code appears to be narrower than the principle expressed in the Convention, since it limits the right to equal wages for work of equal value to the same workplace and to work performed under the same conditions. Pursuant to the Convention, equal remuneration should be paid to men and women for work of equal value, even if the work is undertaken in entirely different conditions, or in different workplaces. The Committee understands that the Labour Code is being reviewed, and it hopes that the opportunity will be taken in this review process to amend the law to give full legislative expression to the principle of the Convention. Please keep the Committee informed of any progress in this regard.

National plan. The Committee notes that the Law of the Fourth Economic, Social and Cultural Development Plan (2005–09) provides in article 101 that the Government is to prepare a national plan based on a number of principles, including “equal remuneration for men and women in similar work”. The Committee notes that the terms of article 101 are narrower than the principle of the Convention which refers to “work of equal value”. The Committee recalls that “work of equal value” includes, but goes beyond, the same or similar work, and also encompasses work that is of an entirely different nature, which is nevertheless of equal value. The Committee draws the Government’s attention in this regard to its general observation of 2006 (see paragraph 3). The Committee asks the Government to provide information on whether the national plan has been prepared pursuant to article 101 of the Fourth Economic, Social and Cultural Development Plan, and how this plan gives effect to the principle of the Convention, in particular with respect to the concept of “equal value”.

Collective agreements. The Government points to the application of the Convention through collective agreements, in particular the 2001 National Collective Agreement which provides for equal wages for the performance of equal work under equal conditions. It is not clear from the Government’s report whether the collective agreement is still in force. The Committee recalls that the reference to performing work under equal conditions is narrower than the concept of “equal value”, and does not fully apply the principle of the Convention. The Committee asks the Government to provide information on the status of the 2001 National Collective Agreement. The Committee also wishes to receive information regarding measures taken to promote equal remuneration for work of equal value in collective agreements. Please provide summaries of any collective agreements applying the principle of the Convention.

Discriminatory wage scales. The Committee notes from the report of the technical assistance mission to the Islamic Republic of Iran from 26 October to 1 November 2007 regarding, among other issues, Discrimination (Employment and Occupation) Convention, 1958 (No. 111), that as a result of the Bill to approve the uniform system of payment of wages, discriminatory wages between male and female teachers would be abolished. The Committee asks the Government to provide information on the status of the Bill to approve the uniform system of payment of wages, with information on the specific provisions addressing discriminatory wages between male and female teachers. Please specify whether there are any other wage scales in the public sector that discriminate on the basis of sex. Noting that such discriminatory wage scales seriously undermine women’s equality in employment, the Committee hopes that efforts will be made to ensure they are abolished without delay.

Employment assessments. The Committee notes that the Government has again not replied to its request for details on the implementation of the regulation regarding employment assessments. The Committee again asks the Government how the regulation is being implemented in different workplaces, in particular in enterprises employing only or mainly women.

Enforcement. The Committee notes that no cases of gender wage discrimination have been reported to the dispute settlement boards, or through monitoring by labour inspections. The Committee recalls that the absence of complaints of wage discrimination does not necessarily indicate an absence of violations. It may rather indicate an absence of an appropriate legal framework, a lack of understanding of the principle by the labour inspectorate, as well as by workers and employers, or a lack of accessible complaints procedures. The Committee asks the Government to provide information on any measures taken to improve the capacity of labour inspectors to detect and address unequal remuneration for work of equal value, and to ensure that workers are apprised of their right to equal remuneration for work of equal value and of the dispute resolution mechanisms available. Please provide information of any progress made in this regard.

Statistics and the wage gap. The Committee notes that the Government provides no wage statistics. Such statistics are essential in order to determine the evolution of the gender wage gap over time, and to be able to analyse the underlying causes. The Committee once again asks the Government to supply statistics on the distribution of men and women in the various occupations in the public and private sectors and their corresponding earnings. The Committee also reiterates its previous requests for information on the underlying causes of the wage differentials previously reported (for example, summaries of any studies, etc.), and on any measures taken to reduce the wage gap.

CMNT_TITLE

1. Legislative framework. The Committee notes that section 38 of the Labour Code appears to be narrower than the principle expressed in the Convention, since it limits the right to equal wages for work of equal value to the same workplace and to work performed under the same conditions. Pursuant to the Convention, equal remuneration should be paid to men and women for work of equal value, even if the work is undertaken in entirely different conditions, or in different workplaces. The Committee understands that the Labour Code is being reviewed, and it hopes that the opportunity will be taken in this review process to amend the law to give full legislative expression to the principle of the Convention. Please keep the Committee informed of any progress in this regard.

2. National plan. The Committee notes that the Law of the Fourth Economic, Social and Cultural Development Plan (2005–09) provides in article 101 that the Government is to prepare a national plan based on a number of principles, including “equal remuneration for men and women in similar work”. The Committee notes that the terms of article 101 are narrower than the principle of the Convention which refers to “work of equal value”. The Committee recalls that “work of equal value” includes, but goes beyond, the same or similar work, and also encompasses work that is of an entirely different nature, which is nevertheless of equal value. The Committee draws the Government’s attention in this regard to its general observation of 2006 (see paragraph 3). The Committee asks the Government to provide information on whether the national plan has been prepared pursuant to article 101 of the Fourth Economic, Social and Cultural Development Plan, and how this plan gives effect to the principle of the Convention, in particular with respect to the concept of “equal value”.

3. Collective agreements. The Government points to the application of the Convention through collective agreements, in particular the 2001 National Collective Agreement which provides for equal wages for the performance of equal work under equal conditions. It is not clear from the Government’s report whether the collective agreement is still in force. The Committee recalls that the reference to performing work under equal conditions is narrower than the concept of “equal value”, and does not fully apply the principle of the Convention. The Committee asks the Government to provide information on the status of the 2001 National Collective Agreement. The Committee also wishes to receive information regarding measures taken to promote equal remuneration for work of equal value in collective agreements. Please provide summaries of any collective agreements applying the principle of the Convention.

4. Discriminatory wage scales. The Committee notes from the report of the technical assistance mission to the Islamic Republic of Iran from 26 October to 1 November 2007 regarding, among other issues, Discrimination (Employment and Occupation) Convention, 1958 (No. 111), that as a result of the Bill to approve the uniform system of payment of wages, discriminatory wages between male and female teachers would be abolished. The Committee asks the Government to provide information on the status of the Bill to approve the uniform system of payment of wages, with information on the specific provisions addressing discriminatory wages between male and female teachers. Please specify whether there are any other wage scales in the public sector that discriminate on the basis of sex. Noting that such discriminatory wage scales seriously undermine women’s equality in employment, the Committee hopes that efforts will be made to ensure they are abolished without delay.

5. Employment assessments. The Committee notes that the Government has again not replied to its request for details on the implementation of the regulation regarding employment assessments. The Committee again asks the Government how the regulation is being implemented in different workplaces, in particular in enterprises employing only or mainly women.

6. Enforcement. The Committee notes that no cases of gender wage discrimination have been reported to the dispute settlement boards, or through monitoring by labour inspections. The Committee recalls that the absence of complaints of wage discrimination does not necessarily indicate an absence of violations. It may rather indicate an absence of an appropriate legal framework, a lack of understanding of the principle by the labour inspectorate, as well as by workers and employers, or a lack of accessible complaints procedures. The Committee asks the Government to provide information on any measures taken to improve the capacity of labour inspectors to detect and address unequal remuneration for work of equal value, and to ensure that workers are apprised of their right to equal remuneration for work of equal value and of the dispute resolution mechanisms available. Please provide information of any progress made in this regard.

7. Statistics and the wage gap. The Committee notes that the Government provides no wage statistics. Such statistics are essential in order to determine the evolution of the gender wage gap over time, and to be able to analyse the underlying causes. The Committee once again asks the Government to supply statistics on the distribution of men and women in the various occupations in the public and private sectors and their corresponding earnings. The Committee also reiterates its previous requests for information on the underlying causes of the wage differentials previously reported (for example, summaries of any studies, etc.), and on any measures taken to reduce the wage gap.

CMNT_TITLE

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 read as follows:

1. The Committee notes the Government’s statement that the Act exempting workshops with five or fewer employees from the application of the Labour Code has not been communicated to the executive power with a view to its entry into force as the Government considers that the Act contravenes international labour standards. Instead a collective agreement has been concluded between the National Employers’ Confederation and the National Central of the Islamic Labour Councils (December 2001) to cover these enterprises. The Committee notes that section 1-D of the agreement defines wages as “the amount paid in cash or in kind, or a combination thereof, paid to the worker for the work”. The Committee also notes that section 19 of the agreement states that “males and females shall be paid equal wages for the performance of equal work under equal conditions”. While welcoming this provision on equal remuneration, the Committee must point out that its scope is narrower than that of the principle enshrined in Article 1(b) of the Convention which calls for equal remuneration for men and women workers for work of “equal value”. The Committee therefore asks the Government to provide information on the measures taken or contemplated to ensure that the employees covered by the agreement are also entitled to equal remuneration for work of equal value.

2. With regard to the fixing of rates of remuneration and the application of the principle in the public sector, the Committee notes that the Council of Ministers sets the minimum wage for public servants. It further notes that the Government merely repeats previous statements that salaries of public sector employees are paid without discrimination based on sex, as salaries are based on the type of job, the education and the experience of the employee. The Committee recalls once more that, without statistical information on salary scales in the public service, the Committee is unable to assess the manner in which the Convention is applied in practice. It therefore reiterates its request to the Government to supply sex disaggregated data on the salary scales and the distribution of men and women employed in the various occupations and at the different levels of the public sector.

3. With regard to the private sector, the Committee notes that the national minimum wage for 2002 has been set at 23,382 rials. The Government also indicates that for enterprises of 50 or more employees, the remuneration system and methods of payment are in accordance with job classification plans, and rates of remuneration are based on the nature and functions of the job without consideration of the sex of the worker. The Committee notes from the statistics on the employment and salaries of men and women in manufacturing establishments of more than ten employees, that overall women’s monthly salaries (i.e. wages and non-wage payments) were 69.35 per cent of men’s in 1998 and decreased to 67.50 per cent and 67.81 per cent in 1999 and 2000 respectively. The statistics also indicate that the non-wage monthly payments of female employees only amounted to 59.71 per cent of the non-wage monthly payments of men in 1998, and further decreased to 56.12 per cent and 56.65 per cent in 1999 and 2000 respectively. The Committee asks the Government to provide information on the underlying causes for these wage differentials between men and women employees in the manufacturing industry and on the measures taken or contemplated to reduce the wage gap between men and women in this industry. Please also provide information, including statistical data, on the distribution of men and women in various occupations and their corresponding earnings in other sectors of the economy.

4. Referring to its previous comments, the Committee notes that the Government’s report does not contain any reply to its requests for information on the implementation of the regulations regarding employment assessments in the different workplaces, and asks the Government to provide this information in its next report.

5. With regard to the procedure for the settlement of labour disputes concerning sex discrimination cases, the Committee notes the Government’s statement that in the case of sex discrimination with regard to the fixing of rates of remuneration, the dispute settlement authorities have taken decisions in accordance with the law. It reiterates its request to the Government to provide more detailed information, including statistics, of disputes concerning contravention of the principle of equal remuneration for work of equal value as well as information on how they have been resolved.

CMNT_TITLE

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 read as follows:

1. The Committee notes the Government’s statement that the Act exempting workshops with five or fewer employees from the application of the Labour Code has not been communicated to the executive power with a view to its entry into force as the Government considers that the Act contravenes international labour standards. Instead a collective agreement has been concluded between the National Employers’ Confederation and the National Central of the Islamic Labour Councils (December 2001) to cover these enterprises. The Committee notes that section 1-D of the agreement defines wages as "the amount paid in cash or in kind, or a combination thereof, paid to the worker for the work". The Committee also notes that section 19 of the agreement states that "males and females shall be paid equal wages for the performance of equal work under equal conditions". While welcoming this provision on equal remuneration, the Committee must point out that its scope is narrower than that of the principle enshrined in Article 1(b) of the Convention which calls for equal remuneration for men and women workers for work of "equal value". The Committee therefore asks the Government to provide information on the measures taken or contemplated to ensure that the employees covered by the agreement are also entitled to equal remuneration for work of equal value.

2. With regard to the fixing of rates of remuneration and the application of the principle in the public sector, the Committee notes that the Council of Ministers sets the minimum wage for public servants. It further notes that the Government merely repeats previous statements that salaries of public sector employees are paid without discrimination based on sex, as salaries are based on the type of job, the education and the experience of the employee. The Committee recalls once more that, without statistical information on salary scales in the public service, the Committee is unable to assess the manner in which the Convention is applied in practice. It therefore reiterates its request to the Government to supply sex disaggregated data on the salary scales and the distribution of men and women employed in the various occupations and at the different levels of the public sector.

3. With regard to the private sector, the Committee notes that the national minimum wage for 2002 has been set at 23,382 rials. The Government also indicates that for enterprises of 50 or more employees, the remuneration system and methods of payment are in accordance with job classification plans, and rates of remuneration are based on the nature and functions of the job without consideration of the sex of the worker. The Committee notes from the statistics on the employment and salaries of men and women in manufacturing establishments of more than ten employees, that overall women’s monthly salaries (i.e. wages and non-wage payments) were 69.35 per cent of men’s in 1998 and decreased to 67.50 per cent and 67.81 per cent in 1999 and 2000 respectively. The statistics also indicate that the non-wage monthly payments of female employees only amounted to 59.71 per cent of the non-wage monthly payments of men in 1998, and further decreased to 56.12 per cent and 56.65 per cent in 1999 and 2000 respectively. The Committee asks the Government to provide information on the underlying causes for these wage differentials between men and women employees in the manufacturing industry and on the measures taken or contemplated to reduce the wage gap between men and women in this industry. Please also provide information, including statistical data, on the distribution of men and women in various occupations and their corresponding earnings in other sectors of the economy.

4. Referring to its previous comments, the Committee notes that the Government’s report does not contain any reply to its requests for information on the implementation of the regulations regarding employment assessments in the different workplaces, and asks the Government to provide this information in its next report.

5. With regard to the procedure for the settlement of labour disputes concerning sex discrimination cases, the Committee notes the Government’s statement that in the case of sex discrimination with regard to the fixing of rates of remuneration, the dispute settlement authorities have taken decisions in accordance with the law. It reiterates its request to the Government to provide more detailed information, including statistics, of disputes concerning contravention of the principle of equal remuneration for work of equal value as well as information on how they have been resolved.

CMNT_TITLE

The Committee notes the information in the Government’s report and the statistical data and documentation attached.

1. The Committee notes the Government’s statement that the Act exempting workshops with five or fewer employees from the application of the Labour Code has not been communicated to the executive power with a view to its entry into force as the Government considers that the Act contravenes international labour standards. Instead a collective agreement has been concluded between the National Employers’ Confederation and the National Central of the Islamic Labour Councils (December 2001) to cover these enterprises. The Committee notes that section 1-D of the agreement defines wages as " the amount paid in cash or in kind, or a combination thereof, paid to the worker for the work". The Committee also notes that section 19 of the agreement states that "males and females shall be paid equal wages for the performance of equal work under equal conditions". While welcoming this provision on equal remuneration, the Committee must point out that its scope is narrower than that of the principle enshrined in Article 1(b) of the Convention which calls for equal remuneration for men and women workers for work of "equal value". The Committee therefore asks the Government to provide information on the measures taken or contemplated to ensure that the employees covered by the agreement are also entitled to equal remuneration for work of equal value.

2. With regard to the fixing of rates of remuneration and the application of the principle in the public sector, the Committee notes that the Council of Ministers sets the minimum wage for public servants. It further notes that the Government merely repeats previous statements that salaries of public sector employees are paid without discrimination based on sex, as salaries are based on the type of job, the education and the experience of the employee. The Committee recalls once more that, without statistical information on salary scales in the public service, the Committee is unable to assess the manner in which the Convention is applied in practice. It therefore reiterates its request to the Government to supply sex disaggregated data on the salary scales and the distribution of men and women employed in the various occupations and at the different levels of the public sector.

3. With regard to the private sector, the Committee notes that the national minimum wage for 2002 has been set at 23,382 rials. The Government also indicates that for enterprises of 50 or more employees, the remuneration system and methods of payment are in accordance with job classifications plans, and rates of remuneration are based on the nature and functions of the job without consideration of the sex of the worker. The Committee notes from the statistics on the employment and salaries of men and women in manufacturing establishments of more than ten employees, that overall women’s monthly salaries (i.e. wages and non-wage payments) were 69.35 per cent of men’s in 1998 and decreased to 67.50 per cent and 67.81 per cent in 1999 and 2000 respectively. The statistics also indicate that the non-wage monthly payments of female employees only amounted to 59.71 per cent of the non-wage monthly payments of men in 1998, and further decreased to 56.12 per cent and 56.65 per cent in 1999 and 2000 respectively. The Committee asks the Government to provide information on the underlying causes for these wage differentials between men and women employees in the manufacturing industry and on the measures taken or contemplated to reduce the wage gap between men and women in this industry. Please also provide information, including statistical data, on the distribution of men and women in various occupations and their corresponding earnings in other sectors of the economy.

4. Referring to its previous comments, the Committee notes that the Government’s report does not contain any reply to its requests for information on the implementation of the regulations regarding employment assessments in the different workplaces, and asks the Government to provide this information in its next report.

5. With regard to the procedure for the settlement of labour disputes concerning sex discrimination cases, the Committee notes the Government’s statement that in the case of sex discrimination with regard to the fixing of rates of remuneration, the dispute settlement authorities have taken decisions in accordance with the law. It reiterates its request to the Government to provide more detailed information, including statistics, of disputes concerning contravention of the principle of equal remuneration for work of equal value as well as information on how they have been resolved.

CMNT_TITLE

The Committee notes the Government’s report and the attached information.

1. The Committee notes the adoption of the Act exempting workshops with five or fewer employees from the application of the Labour Code. Noting that the Act has not entered into effect, the Committee invites the Government to keep it informed on the relevant developments.

2. The Committee notes the Regulation regarding Employment Assessments and asks the Government to supply information on its implementation in different workplaces. As underlined in previous comments this information is necessary in order to determine the manner in which the principle of the Convention is applied in enterprises employing only or mainly women workers, where the possibility of comparison between the work performed by men and women is necessarily limited.

3. Noting that under section 41 of the Labour Code the Supreme Labour Council is responsible every year for fixing minimum wages for the various regions of the country according to the sectors of industry, the Committee asks the Government to provide the minimum wage regulations fixed by the Supreme Labour Council. The Committee again draws the Government’s attention to its 1998 general observation and, more specifically, it reiterates its requests that the Government provide information, including statistical data, on public sector salary scales, the distribution of the percentage of men and women employed in the various occupations and at the different levels of the public sector, minimum wage rates and average monthly earnings, disaggregated by sex.

4. Noting the Government’s information on the procedure of settlement of labour disputes, which also applies to sex discrimination cases, the Committee asks the Government to supply with its next report statistics of disputes concerning contravention of the principle of equal remuneration for work of equal value as well as information on how they have been settled.

CMNT_TITLE

The Committee notes the information supplied by the Government in its report, including the attached labour market statistical data.

1. The National Statistics Centre figures provided reflect that 29 per cent of the population is employed in the public sector and that 35 per cent of employed women in urban areas work in the public sector. The Government states in its report that the statistics disaggregated by sex indicate that 63 per cent of working women in urban areas are public sector wage and salary earners. The Committee notes the Government's statements that civil servants and public enterprise employees are entirely covered by job classification schemes, and that public sector salary scales are based on gender-neutral criteria, including post, grade, length of service and level of education. However, as information is not provided on wage levels and earnings of men and women, the Committee is unable to assess the manner in which the principle of equal remuneration is applied in practice. It would therefore be grateful if the Government would provide information, including statistical data, on public sector salary scales, the distribution of the percentage of men and women employed in the various occupations and at the different levels of the public sector, minimum wage rates and average monthly earnings, disaggregated by gender. In this connection, the Committee draws the Government's attention to its 1998 general observation and to the fact that the Office remains available to provide it with technical assistance as appropriate.

2. In its previous comments, the Committee requested the Government to supply information regarding the application of the Convention in different workplaces in order to determine the manner in which the principle of the Convention is applied in enterprises employing only or mainly women workers, where the possibility of comparisons between the work performed by men and women is necessarily limited. The Committee notes the Government's clarifications in this regard, including its statement that the wage determination and job classification system is based on the principles of non-discrimination and equal remuneration and would not be affected by the gender balance of the employees in an enterprise. The Committee points out that, since job evaluation is an inherently subjective method, sex stereotyping may result in an undervaluation of jobs held mainly by women, even when the applicable law or the methodology utilized in the objective appraisal of jobs is gender neutral on its face. For example, factors and factor weights used in job evaluations may fail to give sufficient consideration to qualifications regarded as intrinsically feminine, such as interpersonal or caring skills, manual dexterity or aesthetic skills (see 1986 General Survey, paragraphs 145 and 256). Accordingly, the Committee would be grateful if the Government would provide information in its next report on the measures taken or envisaged to ensure application of the principle of equal remuneration for men and women workers for work of equal value in the evaluation of jobs or occupations predominately held by women, including information on the criteria used in the job evaluations.

CMNT_TITLE

1. The Committee notes the information provided by the Government in its report and attached documentation, including the publication devoted to the job classification plans for municipalities and related organizations and the collective agreement concluded between employers and workers in brick kilns.

2. Further to its previous comments, the Committee notes the indications provided in the report concerning the application of section 38 of the Labour Code, which calls for equal wages for men and women who perform "work of equal value in a workplace under the same conditions" and prohibits discrimination in wage determination on a number of grounds, including sex. The Committee appreciates that the factors prevailing at a particular workplace may play a role in differentiating classifications and wage rates between workers who undertake similar or even the same work (such as in the cited example of a welder in a workshop and a welder working at high altitudes), although such factors could also be taken account of through special wage premiums. In requesting information on the application of the Convention in different workplaces, the Committee is concerned to determine how the principle of equal remuneration for work of equal value is applied in respect of enterprises employing only or mainly women workers where the possibility for making comparisons with the work performed by men is necessarily limited.

3. As concerns measures to promote an objective appraisal of jobs, the Committee notes with interest that job classification committees (comprising two representatives of the workers, two representatives of management and one supervisor) must now be set up in enterprises with 50 or more employees to determine job classification plans on the basis of objective criteria. Please indicate the percentage of workers in the country who are now covered by such plans. In addition, in order to determine the extent to which these initiatives are reducing the differential between wage rates for men and women workers, please provide whatever statistical data are available concerning (i) public sector salary scales, together with an indication of the percentage of women and men employed at different levels; and (ii) statistics on the minimum wage rates and actual average earnings of men and women, disaggregated, if possible, by occupation, branch of activity and level of qualifications.

CMNT_TITLE

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 read as follows:

1. Regarding section 38 of the 1991 Labour Code, the wording of which has now been clarified as providing for equal wages to be paid to men and women performing work of equal value in a workplace under the same conditions, the Committee notes the Government's statement that this provision ensures equal remuneration for "work of equal value" as required by the Convention. Referring to paragraphs 45 and following and 71 and 72 of its 1986 General Survey on Equal Remuneration, the Committee asks the Government to explain how the principle of the Convention is applied for work of equal value performed in different workplaces.

2. With regard to job classification and assessment systems, the Committee notes the Government's statement that, by virtue of Ministry of Labour Circular 58269, enterprises employing more than 300 persons must prepare and implement job planning, smaller enterprises being bound by the regulations concerning minimum wages, mutual agreements and other statutory criteria on payment of wages. The Committee would appreciate receiving copies of the job planning systems adopted by enterprises under the circular referred to, as well as copies of any mutual agreements or collective agreements which ensure that equal remuneration is paid to men and women workers, using job evaluation as the method of guaranteeing this.

The Committee asks the Government to provide a copy of the job classification plans which, according to the Government's report, are drawn up and applied by Islamic Labour Councils.

3. The Committee notes that, according to the Government, a permanent committee for the classification of jobs has been created and that a copy of the relevant circular has been provided. Since this circular cannot be located, the Committee would appreciate receiving a further copy, as well as up-to-date information on the committee's activities and a description of its coordination with the Islamic Labour Councils referred to above.

CMNT_TITLE

With reference to its previous direct requests, the Committee notes the information and statistics supplied by the Government in its reports.

1. Regarding section 38 of the 1991 Labour Code, the wording of which has now been clarified as providing for equal wages to be paid to men and women performing work of equal value in a workplace under the same conditions, the Committee notes the Government's statement that this provision ensures equal remuneration for "work of equal value" as required by the Convention. Referring to paragraphs 45 and following and 71 and 72 of its 1986 General Survey on Equal Remuneration, the Committee asks the Government to explain how the principle of the Convention is applied for work of equal value performed in different workplaces.

2. With regard to job classification and assessment systems, the Committee notes the Government's statement that, by virtue of Ministry of Labour Circular 58269, enterprises employing more than 300 persons must prepare and implement job planning, smaller enterprises being bound by the regulations concerning minimum wages, mutual agreements and other statutory criteria on payment of wages. The Committee would appreciate receiving copies of the job planning systems adopted by enterprises under the circular referred to, as well as copies of any mutual agreements or collective agreements which ensure that equal remuneration is paid to men and women workers, using job evaluation as the method of guaranteeing this.

The Committee asks the Government to provide a copy of the job classification plans which, according to the Government's report, are drawn up and applied by Islamic Labour Councils.

3. The Committee notes that, according to the Government, a permanent committee for the classification of jobs has been created and that a copy of the relevant circular has been provided. Since this circular cannot be located, the Committee would appreciate receiving a further copy, as well as up-to-date information on the committee's activities and a description of its coordination with the Islamic Labour Councils referred to above.

CMNT_TITLE

The Committee notes the information provided by the Government in its report.

1. The Committee takes note of section 38 of the Labour Code, adopted on 17 February 1991, providing for equal wages to be paid to men and women for equal work performed in a workshop under equal conditions, and prohibiting any discrimination in wage determination on the basis of age, gender, ethnicity and political and religious convictions. In light of the requirements of the Convention referring to equal remuneration for "work of equal value", the Committee requests the Government to indicate the meaning applied to the term "equal work" contained in the legislation and to provide information on the measures taken to ensure that this principle contained in the Convention is applied in practice.

2. The Committee notes that section 38 above refers to wages; that pursuant to section 35 of the Labour Code wages consist only of the amount of cash or in kind payment made to the worker on the basis of performance; and, that under section 34, all legal remuneration including wage, salary, family allowance, housing allowance, foodstuffs, bus service, benefits in kind, production bonuses, annual profits and the like are called "fees". The Committee requests the Government to indicate whether the guarantee of equal wage under section 38 covers all the fees listed in section 34, and if not, what measures exist to ensure that all the fees listed under section 34 are paid on a basis applied equally to both men and women in accordance with the terms of the Convention.

3. The Committee further notes that payments such as minimum wages are applicable to all workers irrespective of sex, but payments such as family allowance or productivity increase allowances are dependent on individual factors and evaluations of each worker's entitlement to such payments. Nevertheless, the Government reports that family allowances and productivity increase allowances, which are now authorized under section 47 of the Labour Code and made according to the Regulation of 11 August 1970, are paid to both men and women without any distinction based on sex. The Committee refers to the statistics provided in the Government's report on the number of enterprises and workers covered by agreements to pay productivity increase allowances and it requests the Government to continue to provide such statistical information and to indicate the number of women who have received such allowances.

4. The Committee notes that pursuant to sections 48 to 50 of the Labour Code, job classification and assessment systems continue to be required for all employers and that Circular 61462 of 10 February 1983 does not apply to establishments employing fewer than 50 workers. The Committee again requests the Government to indicate under which legal provision or administrative instruction these undertakings are obliged to establish job classifications and in what manner such classifications are used to secure application of the principle of equal remuneration for work of equal value. It also requests the Government to provide copies of job classification plans for the sectors indicated in the Government's report as employing high percentages of women.

5. Noting that the Islamic Labour Councils do not have a direct role or final authority in the fixing of wage rates and allowances, the Committee again asks the Government to provide information on any opinion relating to the application of the Convention that may have been issued by the Islamic Labour Councils under section 19(d) of the Islamic Labour Councils Act of 23 January 1985. The Committee also requests the Government to furnish any court judgements or inspection reports relating to the application of the Convention.

CMNT_TITLE

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 read as follows:

The Committee notes the Government's report and the documentation attached thereto.

1. In an earlier comment, the Committee noted that under Circular No. 61462 of 10 February 1983 establishments employing fewer than 50 workers were not obliged to institute a job classification plan in accordance with the directives contained in that circular. The Committee notes from the Government's latest report that Circular No. 61462 is now also applicable to establishments employing fewer than 50 workers. The Committee requests the Government to supply information on the percentage of enterprises that have instituted job classification plans under Circular No. 61462. It further requests the Government, as it did in its comments formulated in 1986 and in 1989, to furnish copies of job classification plans in sectors employing a high proportion of women.

2. In its previous comments the Committee noted that under section 19(d) of the Act of 23 January 1985 respecting the establishment of Islamic Labour Councils, these councils can present opinions on the fixing of wage rates and allowances. The Committee again requests the Government to furnish any opinion relating to the application of the Convention that may have been issued by Islamic Labour Councils under section 19(d) of this Act. The Committee also requests the Government to furnish court judgements or inspection reports relating to the application of the Convention.

3. The Committee notes Circular No. 67139 of 12 July 1989 issued by the Ministry of Labour and Social Affairs, concerning productivity increase allowances. It notes that agreements concerning these allowances are not necessarily applicable to all workers in an enterprise.

The Committee points out that the principle of equal remuneration for work of equal value applies to the basic salary and to 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 requests the Government to supply detailed information in its next report on the practical application of agreements concerning productivity increase allowances, such as the number of establishments and workers concerned, and the percentage of men and women workers within different enterprises receiving productivity increase allowances, as well as information on any measures taken to ensure that the principle of equal remuneration for work of equal value is adhered to under the operation of agreements on productivity increase allowances.

CMNT_TITLE

The Committee notes the Government's report and the documentation attached thereto.

1. In an earlier comment, the Committee noted that under Circular No. 61462 of 10 February 1983 establishments employing fewer than 50 workers were not obliged to institute a job classification plan in accordance with the directives contained in that circular. The Committee notes from the Government's latest report that Circular No. 61462 is now also applicable to establishments employing fewer than 50 workers. The Committee requests the Government to supply information on the percentage of enterprises that have instituted job classification plans under Circular No. 61462. It further requests the Government, as it did in its comments formulated in 1986 and in 1989, to furnish copies of job classification plans in sectors employing a high proportion of women.

2. In its previous comments the Committee noted that under section 19(d) of the Act of 23 January 1985 respecting the establishment of Islamic Labour Councils, these councils can present opinions on the fixing of wage rates and allowances. The Committee again requests the Government to furnish any opinion relating to the application of the Convention that may have been issued by Islamic Labour Councils under section 19(d) of this Act. The Committee also requests the Government to furnish court judgements or inspection reports relating to the application of the Convention.

3. The Committee notes Circular No. 67139 of 12 July 1989 issued by the Ministry of Labour and Social Affairs, concerning productivity increase allowances. It notes that agreements concerning these allowances are not necessarily applicable to all workers in an enterprise.

The Committee points out that the principle of equal remuneration for work of equal value applies to the basic salary and to 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 requests the Government to supply detailed information in its next report on the practical application of agreements concerning productivity increase allowances, such as the number of establishments and workers concerned, and the percentage of men and women workers within different enterprises receiving productivity increase allowances, as well as information on any measures taken to ensure that the principle of equal remuneration for work of equal value is adhered to under the operation of agreements on productivity increase allowances.