Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

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

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notes the Government’s indication that the law exempting small establishments from application of the Labour Code was repealed on 6 April 2003, and that since that time the Labour Code has applied to establishments with fewer than five employees.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.