Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

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

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.