Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

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

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.