Equal Remuneration Convention, 1951 (No. 100) - Syrian Arab Republic (Ratification: 1957)

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2024, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

The Committee notes the complexity of the situation prevailing on the ground and the armed conflict in the country.

Article 1(a) of the Convention. Definition of remuneration. Noting that the Government report is silent on this point, the Committee once again asks the Government: (i) to indicate whether the definition of “wage” in section 1 of the Labour Law 2010 is intended to apply to the term “pay” as used in section 75(a) of the Labour Law; and (ii) to take steps to ensure that all emoluments whatsoever payable directly or indirectly, whether in cash or in kind, including travel allowances and daily expenses, are included in the determination of equal pay for work of equal value under section 75(a).

Article 2. Scope of application of the Labour Law. In its previous comment, the Committee requested the Government to indicate the manner in which the principle of equal remuneration for men and women for work of equal value is guaranteed for certain groups of workers excluded, by section 5(a) of the Labour Law, from the scope of protection of section 75 of the Law, such as civil servants subject to the Basic Law on State Employees (No. 50/2004); workers subject to the Agricultural Relations Law; domestic, casual and part-time workers. The Committee notes the Government’s indication that the wages of workers excluded from the Labour Law are specified in their contracts or specific text and that their rights in that regard cannot be less than the rights specified in the provisions of the Labour Law. Noting the Government statement that there are dissuasive penalties so as to protect the right to equal remuneration between national or migrant workers, the Committee recalls that the principle enshrined in the Convention concerns the right to equal remuneration for men and women for work of equal value, including migrant workers. The Committee asks the Government to provide information on the measures taken to ensure that the above-mentioned groups of workers – who are excluded from the Labour Law – benefit from the principle of equal remuneration for men and women for work of equal value. It further asks the Government to provide information on any measures taken to ensure that, in the determination of their remuneration, their work is not being undervalued due to gender stereotypes.

Occupational segregation. The Committee previously noted the persisting occupational segregation (Central Bureau of Statistics (2008 statistics)) and requested the Government to provide relevant up-to date statistics, disaggregated by sex, showing the evolution in respect of the earnings of men and women. In the absence of any information on this point, the Committee recalls that appropriate data and statistics are essential in determining the nature, extent and causes of unequal remuneration, to set priorities and design appropriate measures, to monitor and evaluate the impact of such measures. Consequently, the Committee asks the Government to provide detailed statistics on the participation of men and women, including migrant workers, in the labour market and on their wages, disaggregated by sex, in the various economic sectors and occupations, including the public sector, and at different levels of responsibility, including management positions. It further asks the Government to provide information on any measures taken to improve women’s access to better-paid occupations, including for women working in female-dominated industries and occupations. Please also communicate any available statistical data on the evolution of the gender wage gap.

Application in practice. Noting that in its report, the Government is silent on this point, the Committee recalls that no society is free from discrimination and constant efforts are needed to take action against it. Further, it recalls once again that, where no cases or complaints, or very few, are being lodged, this may indicate a lack of an appropriate legal framework, lack of awareness of rights, lack of confidence in or absence of practical access to procedures, or fear of reprisals. The lack of complaints or cases on discrimination in remuneration could also indicate that the system of recording violations is insufficiently developed (see General Survey on the fundamental Conventions, 2012 paragraph 870). In this regard, the Committee once again asks the Government to provide information on any cases of complaint on discrimination in remuneration registered in the private and public sectors, as well any judicial or administrative decisions concerning equal remuneration for men and women for work of equal value.

Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

The Committee notes with deep concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2024, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

The Committee notes the complexity of the situation prevailing on the ground and the armed conflict in the country.

Articles 1 and 2 of the Convention. Legislative developments. Work of equal value. The Committee previously noted that section 75(a) of the Labour Code of 2010 provides for the principle of equal remuneration for work of equal value as enshrined in the Convention. It notes however that section 75(b) defines “work of equal value” as “work that requires equal scientific qualifications and professional skills, as attested by a work experience certificate”. The Committee points out that such a definition restricts the full application of the principle as set out in the Convention. The Committee recalls that the concept of “work for 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. This concept is fundamental to tackling occupational sex segregation in the labour market, which exists in almost every country, as it permits a broad scope of comparison, including, but going beyond equal remuneration for “equal”, “the same” or “similar” work, and also encompasses work that is of an entirely different nature, which is nevertheless of equal value. Moreover, the Committee recalls that the principle has been applied to compare the remuneration received by men and women engaged in different occupations, such as wardens in sheltered accommodation for the elderly (predominantly women) and security guards in office premises (predominantly men); or school meal supervisors (predominantly women) and garden and park supervisors (predominantly men) (2012 General Survey on Fundamental Conventions, paragraphs 673 and 675). In light of the above, the Committee asks the Government to take the necessary measures to amend section 75(b) of the Labour Code in order to ensure equal remuneration for men and women not only in situations in which they perform the same work, but also in situations in which they carry out work which is different but nevertheless of equal value.

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

The Committee expects that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

The Committee notes with concern 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 notes the complexity of the situation prevailing on the ground and the armed conflict in the country.

Article 1(a) of the Convention. Definition of remuneration. Noting that the Government report is silent on this point, the Committee once again asks the Government: (i) to indicate whether the definition of “wage” in section 1 of the Labour Law 2010 is intended to apply to the term “pay” as used in section 75(a) of the Labour Law; and (ii) to take steps to ensure that all emoluments whatsoever payable directly or indirectly, whether in cash or in kind, including travel allowances and daily expenses, are included in the determination of equal pay for work of equal value under section 75(a).

Article 2. Scope of application of the Labour Law. In its previous comment, the Committee requested the Government to indicate the manner in which the principle of equal remuneration for men and women for work of equal value is guaranteed for certain groups of workers excluded, by section 5(a) of the Labour Law, from the scope of protection of section 75 of the Law, such as civil servants subject to the Basic Law on State Employees (No. 50/2004); workers subject to the Agricultural Relations Law; domestic, casual and part-time workers. The Committee notes the Government’s indication that the wages of workers excluded from the Labour Law are specified in their contracts or specific text and that their rights in that regard cannot be less than the rights specified in the provisions of the Labour Law. Noting the Government statement that there are dissuasive penalties so as to protect the right to equal remuneration between national or migrant workers, the Committee recalls that the principle enshrined in the Convention concerns the right to equal remuneration for men and women for work of equal value, including migrant workers.The Committee asks the Government to provide information on the measures taken to ensure that the abovementioned groups of workers – who are excluded from the Labour Law – benefit from the principle of equal remuneration for men and women for work of equal value. It further asks the Government to provide information on any measures taken to ensure that, in the determination of their remuneration, their work is not being undervalued due to gender stereotypes.

Occupational segregation. The Committee previously noted the persisting occupational segregation (Central Bureau of Statistics (2008 statistics)) and requested the Government to provide relevant up-to date statistics, disaggregated by sex, showing the evolution in respect of the earnings of men and women. In the absence of any information on this point, the Committee recalls that appropriate data and statistics are essential in determining the nature, extent and causes of unequal remuneration, to set priorities and design appropriate measures, to monitor and evaluate the impact of such measures.Consequently, the Committee asks the Government to provide detailed statistics on the participation of men and women, including migrant workers, in the labour market and on their wages, disaggregated by sex, in the various economic sectors and occupations, including the public sector, and at different levels of responsibility, including management positions. It further asks the Government to provide information on any measures taken to improve women’s access to better-paid occupations, including for women working in female-dominated industries and occupations. Please also communicate any available statistical data on the evolution of the gender wage gap.

Application in practice. Noting that in its report, the Government is silent on this point, the Committee recalls that no society is free from discrimination and constant efforts are needed to take action against it. Further, it recalls once again that, where no cases or complaints, or very few, are being lodged, this may indicate a lack of an appropriate legal framework, lack of awareness of rights, lack of confidence in or absence of practical access to procedures, or fear of reprisals. The lack of complaints or cases on discrimination in remuneration could also indicate that the system of recording violations is insufficiently developed (see General Survey on the fundamental Conventions, 2012 paragraph 870).In this regard, the Committee once again asks the Government to provide information on any cases of complaint on discrimination in remuneration registered in the private and public sectors, as well any judicial or administrative decisions concerning equal remuneration for men and women for work of equal value.

Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

The Committee notes with concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

The Committee notes the complexity of the situation prevailing on the ground and the armed conflict in the country.

Articles 1 and 2 of the Convention. Legislative developments. Work of equal value. The Committee previously noted that section 75(a) of the Labour Code of 2010 provides for the principle of equal remuneration for work of equal value as enshrined in the Convention. It notes however that section 75(b) defines “work of equal value” as “work that requires equal scientific qualifications and professional skills, as attested by a work experience certificate”. The Committee points out that such a definition restricts the full application of the principle as set out in the Convention. The Committee recalls that the concept of “work for 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. This concept is fundamental to tackling occupational sex segregation in the labour market, which exists in almost every country, as it permits a broad scope of comparison, including, but going beyond equal remuneration for “equal”, “the same” or “similar” work, and also encompasses work that is of an entirely different nature, which is nevertheless of equal value. Moreover, the Committee recalls that the principle has been applied to compare the remuneration received by men and women engaged in different occupations, such as wardens in sheltered accommodation for the elderly (predominantly women) and security guards in office premises (predominantly men); or school meal supervisors (predominantly women) and garden and park supervisors (predominantly men) (2012 General Survey on Fundamental Conventions, paragraphs 673 and 675).In light of the above, the Committee asks the Government to take the necessary measures to amend section 75(b) of the Labour Code in order to ensure equal remuneration for men and women not only in situations in which they perform the same work, but also in situations in which they carry out work which is different but nevertheless of equal value.

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

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

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 notes the complexity of the situation prevailing on the ground and the armed conflict in the country.

Article 1(a) of the Convention. Definition of remuneration. Noting that the Government report is silent on this point, the Committee once again asks the Government: (i) to indicate whether the definition of “wage” in section 1 of the Labour Law 2010 is intended to apply to the term “pay” as used in section 75(a) of the Labour Law; and (ii) to take steps to ensure that all emoluments whatsoever payable directly or indirectly, whether in cash or in kind, including travel allowances and daily expenses, are included in the determination of equal pay for work of equal value under section 75(a).

Article 2. Scope of application of the Labour Law. In its previous comment, the Committee requested the Government to indicate the manner in which the principle of equal remuneration for men and women for work of equal value is guaranteed for certain groups of workers excluded, by section 5(a) of the Labour Law, from the scope of protection of section 75 of the Law, such as civil servants subject to the Basic Law on State Employees (No. 50/2004); workers subject to the Agricultural Relations Law; domestic, casual and part-time workers. The Committee notes the Government’s indication that the wages of workers excluded from the Labour Law are specified in their contracts or specific text and that their rights in that regard cannot be less than the rights specified in the provisions of the Labour Law. Noting the Government statement that there are dissuasive penalties so as to protect the right to equal remuneration between national or migrant workers, the Committee recalls that the principle enshrined in the Convention concerns the right to equal remuneration for men and women for work of equal value, including migrant workers. The Committee asks the Government to provide information on the measures taken to ensure that the abovementioned groups of workers – who are excluded from the Labour Law – benefit from the principle of equal remuneration for men and women for work of equal value. It further asks the Government to provide information on any measures taken to ensure that, in the determination of their remuneration, their work is not being undervalued due to gender stereotypes.

Occupational segregation. The Committee previously noted the persisting occupational segregation (Central Bureau of Statistics (2008 statistics)) and requested the Government to provide relevant up-to date statistics, disaggregated by sex, showing the evolution in respect of the earnings of men and women. In the absence of any information on this point, the Committee recalls that appropriate data and statistics are essential in determining the nature, extent and causes of unequal remuneration, to set priorities and design appropriate measures, to monitor and evaluate the impact of such measures. Consequently, the Committee asks the Government to provide detailed statistics on the participation of men and women, including migrant workers, in the labour market and on their wages, disaggregated by sex, in the various economic sectors and occupations, including the public sector, and at different levels of responsibility, including management positions. It further asks the Government to provide information on any measures taken to improve women’s access to better-paid occupations, including for women working in female-dominated industries and occupations. Please also communicate any available statistical data on the evolution of the gender wage gap.

Application in practice. Noting that in its report, the Government is silent on this point, the Committee recalls that no society is free from discrimination and constant efforts are needed to take action against it. Further, it recalls once again that, where no cases or complaints, or very few, are being lodged, this may indicate a lack of an appropriate legal framework, lack of awareness of rights, lack of confidence in or absence of practical access to procedures, or fear of reprisals. The lack of complaints or cases on discrimination in remuneration could also indicate that the system of recording violations is insufficiently developed (see General Survey on the fundamental Conventions, 2012 paragraph 870). In this regard, the Committee once again asks the Government to provide information on any cases of complaint on discrimination in remuneration registered in the private and public sectors, as well any judicial or administrative decisions concerning equal remuneration for men and women for work of equal value.

Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

The Committee notes the complexity of the situation prevailing on the ground and the armed conflict in the country.

Articles 1 and 2 of the Convention. Legislative developments. Work of equal value. The Committee previously noted that section 75(a) of the Labour Code of 2010 provides for the principle of equal remuneration for work of equal value as enshrined in the Convention. It notes however that section 75(b) defines “work of equal value” as “work that requires equal scientific qualifications and professional skills, as attested by a work experience certificate”. The Committee points out that such a definition restricts the full application of the principle as set out in the Convention. The Committee recalls that the concept of “work for 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. This concept is fundamental to tackling occupational sex segregation in the labour market, which exists in almost every country, as it permits a broad scope of comparison, including, but going beyond equal remuneration for “equal”, “the same” or “similar” work, and also encompasses work that is of an entirely different nature, which is nevertheless of equal value. Moreover, the Committee recalls that the principle has been applied to compare the remuneration received by men and women engaged in different occupations, such as wardens in sheltered accommodation for the elderly (predominantly women) and security guards in office premises (predominantly men); or school meal supervisors (predominantly women) and garden and park supervisors (predominantly men) (2012 General Survey on Fundamental Conventions, paragraphs 673 and 675). In light of the above, the Committee asks the Government to take the necessary measures to amend section 75(b) of the Labour Code in order to ensure equal remuneration for men and women not only in situations in which they perform the same work, but also in situations in which they carry out work which is different but nevertheless of equal value.

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

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes the complexity of the situation prevailing on the ground and the armed conflict in the country.

Article 1(a) of the Convention. Definition of remuneration. Noting that the Government report is silent on this point, the Committee once again asks the Government: (i) to indicate whether the definition of “wage” in section 1 of the Labour Law 2010 is intended to apply to the term “pay” as used in section 75(a) of the Labour Law; and (ii) to take steps to ensure that all emoluments whatsoever payable directly or indirectly, whether in cash or in kind, including travel allowances and daily expenses, are included in the determination of equal pay for work of equal value under section 75(a).

Article 2. Scope of application of the Labour Law. In its previous comment, the Committee requested the Government to indicate the manner in which the principle of equal remuneration for men and women for work of equal value is guaranteed for certain groups of workers excluded, by section 5(a) of the Labour Law, from the scope of protection of section 75 of the Law, such as civil servants subject to the Basic Law on State Employees (No. 50/2004); workers subject to the Agricultural Relations Law; domestic, casual and part-time workers. The Committee notes the Government’s indication that the wages of workers excluded from the Labour Law are specified in their contracts or specific text and that their rights in that regard cannot be less than the rights specified in the provisions of the Labour Law. Noting the Government statement that there are dissuasive penalties so as to protect the right to equal remuneration between national or migrant workers, the Committee recalls that the principle enshrined in the Convention concerns the right to equal remuneration for men and women for work of equal value, including migrant workers. The Committee asks the Government to provide information on the measures taken to ensure that the abovementioned groups of workers – who are excluded from the Labour Law – benefit from the principle of equal remuneration for men and women for work of equal value. It further asks the Government to provide information on any measures taken to ensure that, in the determination of their remuneration, their work is not being undervalued due to gender stereotypes.

Occupational segregation. The Committee previously noted the persisting occupational segregation (Central Bureau of Statistics (2008 statistics)) and requested the Government to provide relevant up-to date statistics, disaggregated by sex, showing the evolution in respect of the earnings of men and women. In the absence of any information on this point, the Committee recalls that appropriate data and statistics are essential in determining the nature, extent and causes of unequal remuneration, to set priorities and design appropriate measures, to monitor and evaluate the impact of such measures. Consequently, the Committee asks the Government to provide detailed statistics on the participation of men and women, including migrant workers, in the labour market and on their wages, disaggregated by sex, in the various economic sectors and occupations, including the public sector, and at different levels of responsibility, including management positions. It further asks the Government to provide information on any measures taken to improve women’s access to better-paid occupations, including for women working in female-dominated industries and occupations. Please also communicate any available statistical data on the evolution of the gender wage gap.

Application in practice. Noting that in its report, the Government is silent on this point, the Committee recalls that no society is free from discrimination and constant efforts are needed to take action against it. Further, it recalls once again that, where no cases or complaints, or very few, are being lodged, this may indicate a lack of an appropriate legal framework, lack of awareness of rights, lack of confidence in or absence of practical access to procedures, or fear of reprisals. The lack of complaints or cases on discrimination in remuneration could also indicate that the system of recording violations is insufficiently developed (see General Survey on the fundamental Conventions, 2012 paragraph 870). In this regard, the Committee once again asks the Government to provide information on any cases of complaint on discrimination in remuneration registered in the private and public sectors, as well any judicial or administrative decisions concerning equal remuneration for men and women for work of equal value.

Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes the complexity of the situation prevailing on the ground and the armed conflict in the country.

Articles 1 and 2 of the Convention. Legislative developments. Work of equal value. The Committee previously noted that section 75(a) of the Labour Code of 2010 provides for the principle of equal remuneration for work of equal value as enshrined in the Convention. It notes however that section 75(b) defines “work of equal value” as “work that requires equal scientific qualifications and professional skills, as attested by a work experience certificate”. The Committee points out that such a definition restricts the full application of the principle as set out in the Convention. The Committee recalls that the concept of “work for 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. This concept is fundamental to tackling occupational sex segregation in the labour market, which exists in almost every country, as it permits a broad scope of comparison, including, but going beyond equal remuneration for “equal”, “the same” or “similar” work, and also encompasses work that is of an entirely different nature, which is nevertheless of equal value. Moreover, the Committee recalls that the principle has been applied to compare the remuneration received by men and women engaged in different occupations, such as wardens in sheltered accommodation for the elderly (predominantly women) and security guards in office premises (predominantly men); or school meal supervisors (predominantly women) and garden and park supervisors (predominantly men) (2012 General Survey on Fundamental Conventions, paragraphs 673 and 675). In light of the above, the Committee asks the Government to take the necessary measures to amend section 75(b) of the Labour Code in order to ensure equal remuneration for men and women not only in situations in which they perform the same work, but also in situations in which they carry out work which is different but nevertheless of equal value.

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

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Article 1(a) of the Convention. Definition of remuneration. The Committee recalls that the definition of “wage” set out in section 1 of the new Labour Law 2010, while including “any cash or in-kind remuneration given to workers in return for their work, in addition to any and all allowances ...” specifically excludes travel allowances and daily expenses incurred by workers in the course of work. The Committee further notes that no definition is given of the term “pay” referred to in section 75(a) of the Law. The Committee draws the Government’s attention to the fact that Article 1(a) of the Convention refers to any additional emoluments whatsoever payable directly or indirectly by the employer to the workers, and arising out of the workers’ employment, which includes travel allowances and daily expenses. The Committee once again requests the Government to indicate whether the definition of “wage” in section 1 is intended to apply to the term “pay” as used in section 75(a). The Committee also requests the Government to take steps to ensure that all emoluments whatsoever payable directly or indirectly, whether in cash or in kind, including travel allowances and daily expenses, are included in the determination of equal pay for work of equal value under section 75(a).

Article 2. Scope of application of the Labour Law. The Committee notes that section 5(a) of the Labour Law excludes certain groups of workers from the scope of protection of the Law, including civil servants subject to the Basic Law on State Employees (No. 50/2004), workers subject to the Agricultural Relations Law, domestic, casual and part-time workers; and hence from the protection of section 75 of the Law. The Committee requests the Government to indicate how the principle of equal remuneration for men and women for work of equal value is guaranteed to the groups of workers excluded from the scope of the new Labour Law. It further requests the Government to provide information on any measures taken to ensure that, in the determination of the remuneration of domestic workers, including through the minimum wage fixing machinery, their work is not being undervalued due to gender stereotypes.

Occupational segregation. The Committee previously noted the persisting occupational segregation (Central Bureau of Statistics (2008 statistics)) and notes the absence of relevant up-to date statistics, disaggregated by sex, showing the evolution in this respect. Recalling that gender stereotypes and occupational segregation, in particular, continue to be major underlying issues affecting the application of Convention No. 100, the Committee requests the Government to make every effort to collect and provide available up-to-date statistics on the earnings of men and women by occupation or occupational groups and by branch of economic activity in the public and the private sectors. The Committee further requests the Government to provide information on any measures taken to improve women’s access to better-paid occupations, including for women working in the “special occupations for women” (handicrafts, textiles, etc.).

Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes the Government’s statement that it is committed to uphold the Constitution and international law. The Committee recalls that this Convention is one of the fundamental human rights Conventions.

Articles 1 and 2 of the Convention. Legislative developments. The Committee recalls that section 75(b) of the Labour Law 2010 defines “work of equal value” as “work that requires equal scientific qualifications and professional skills, as attested by a work experience certificate”, which may unduly restrict the application of the principle of equal remuneration for work of equal value provided for in section 75(a), as it does not appear to allow a comparison of jobs requiring different qualifications and skills, which are nonetheless of equal value. The Committee notes the Government’s indication that the purpose of section 75(b) is to clarify the meaning of section 75(a) in law and in practice and does not negate the possibility of comparing jobs requiring different qualifications and skills, which are nonetheless of equal value. The Committee requests the Government to provide information on the practical application of section 75 of the new Labour Law, including any administrative or judicial decisions, confirming the possibility to compare jobs performed by men and women of an entirely different nature, requiring different qualifications and skills, to determine whether they are of equal value under section 75(a).

Application in practice. The Committee notes that the Government’s report contains no information regarding concrete measures taken to determine the nature, extent and causes of inequalities in remuneration that exist in practice. The Government reiterates in this regard that no complaint on discrimination in remuneration has been registered in the private sector and that in the public sector, there are no cases of discrimination in remuneration between men and women; and no judicial findings have been handed down in this regard. The Committee recalls that where no cases or complaints, or very few, are being lodged, this may indicate a lack of an appropriate legal framework, lack of awareness of rights, lack of confidence in or absence of practical access to procedures, or fear of reprisals. The lack of complaints or cases on discrimination in remuneration could also indicate that the system of recording violations is insufficiently developed (see General Survey on the fundamental Conventions, 2012, paragraph 870). The Committee once again urges the Government to undertake measures to assess and determine the nature, extent and causes of inequalities in remuneration existing in practice between men and women for work of equal value in the public and private sectors, and to identify specific measures to address such inequalities. The Committee further requests the Government to raise awareness, among the competent authorities and among workers and employers and their organizations, of the relevant legislation, and to enhance the capacity of the competent authorities, including judges, labour inspectors and other public officials, to identify and address cases of unequal pay, and to examine whether the applicable substantive and procedural provisions, in practice, allow claims to be brought successfully.

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

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

The Committee notes the general human rights situation in the country as referred to in its comments under the Abolition of Forced Labour Convention, 1957 (No. 105).

It also notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

The Committee notes the continuing human rights violations reported and the ongoing climate of violence (Report of the United Nations Secretary-General, A/HRC/21/32, 25 September 2012).

The Committee notes that the Human Rights Council condemned and expressed profound concern at the grave and systematic human rights violations in the Syrian Arab Republic (Resolution by the Human Rights Council at its 17th special session on the human rights situation in the Syrian Arab Republic, 23 August 2011 – A/HRC/S-17/2) and regretted the lack of progress made in the political reform process. The Committee recognizes that, without an inclusive, credible and genuine dialogue conducted in an environment without fear and intimidation, and without effective protection of human rights, the implementation of the Convention is seriously hindered, if not rendered impossible.

Legislative developments. The Committee notes the adoption of a new Labour Law (No. 17/2010), section 75(a) of which provides that the employer shall apply the principle of “equal pay for work of equal value” to all workers without any discrimination, including discrimination based on gender. Section 75(b) then defines “work of equal value” as “work that requires equal scientific qualifications and professional skills, as attested by a work experience certificate”. While welcoming the specific reference to “work of equal value” in the new Labour Law, the Committee is concerned that the definition in section 75(b) may unduly restrict the application of section 75(a), as it does not appear to allow a comparison of jobs requiring different qualifications and skills, which are nonetheless of equal value. The Committee asks the Government to provide information on the practical application of section 75 of the new Labour Law, including any administrative or judicial decisions. Please also provide specific information regarding the scope of comparison permitted under section 75(b), and in particular whether it is possible to compare jobs of an entirely different nature, requiring different qualifications and skills, to determine whether they are of equal value under section 75(a).

Application in practice. The Committee notes that the Government’s report contains no information in response to its previous observations regarding concrete measures taken to determine the nature, extent and causes of inequalities in remuneration that exist in practice, in order to identify specific measures to address these inequalities. The Committee once again urges the Government to undertake studies to determine the nature, extent and causes of inequalities in remuneration existing in practice between men and women for work of equal value in the public and private sectors, and to identify specific measures to address these inequalities. Please also provide full information on the occupational classification system referred to in the previous report, including information on the criteria used to ensure that this classification system is free from gender bias.

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

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

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:

Repetition

Social security. The Committee refers to its previous comments expressing concern in relation to section 60(a) of the Social Security Law No. 92 of 1959, which constitutes direct discrimination based on sex with respect to remuneration. The Committee notes that the Government states that the Committee’s comments will be taken into account when amending the Social Insurance Act No. 92 of 1959. The Committee urges the Government to take serious steps to amend or repeal section 60(a) of the Social Security Law of 1959, without further delay, and to take measures to ensure that both men and women who take career breaks due to family responsibilities are entitled to benefits.

Occupational segregation. The Committee previously noted the persisting occupational segregation (Central Bureau of Statistics (2008 statistics)), which the Government had previously acknowledged makes it difficult for women to take part on an equal footing in the economic, political and social spheres. The Committee notes the Government’s indication that occupational segregation does not exist in the country and that there is no discrimination. Noting that no statistics (after 2008) or other information has been provided underpinning the Government’s statement, the Committee asks the Government to make every effort to provide information on the following:

• (i) any measures taken including by the Syrian Agency for Family Affairs, to improve women’s access to better paid occupations, including addressing traditional views and stereotypical assumptions, and concrete measures taken under the five-year plan (2006–10), and the results achieved;
• (ii) measures taken to widen women’s vocational training choices to enable them to move into occupations and positions that attract higher levels of pay;
• (iii) any measures taken to improve the situation of women working in the “special occupations for women (handicrafts, textiles, etc.)”, including information on the remuneration paid in these occupations where women predominate in comparison to remuneration paid in occupations where men predominate; and
• (iv) detailed statistics on the earnings of men and women by occupation or occupational groups and by branch of economic activity in the public and the private sectors.

The Committee further notes that the Government’s report contains no reply to some of its previous comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

Article 1(a) of the Convention. Definition of remuneration. The Committee notes that the definition of “wage” set out in section 1 of the new Labour Law (No. 17/2010), while including “any cash or in-kind remuneration given to workers in return for their work, in addition to any and all allowances ... ” appears to be narrower than the principle expressed in the Convention, since it goes on to specifically exclude travel allowances and daily expenses incurred by the workers in the course of work. The Committee also notes that the term used in section 75(a) is “equal pay for work of equal value”, and no definition is given of “pay” in the Law. The Committee draws the Government’s attention to the fact that Article 1(a) of the Convention refers to any additional emoluments whatsoever payable directly or indirectly by the employer to the workers, and arising out of the workers’ employment, which includes travel allowances and daily expenses. The Committee asks the Government to indicate whether the definition of “wage” in section 1 is intended to apply to the term “pay” as used in section 75(a). The Committee also asks the Government to take steps to ensure that all emoluments whatsoever payable directly or indirectly, whether in cash or in kind, including travel allowances and daily expenses, are included in the determination of equal pay for work of equal value under section 75(a).

Article 2. Scope of application of the Labour Law. The Committee notes that pursuant to section 5(a) of the new Labour Law, certain groups of workers, including civil servants subject to the Basic Law on State Employees (No. 50/2004), workers subject to the Agricultural Relations Law, domestic, casual and part-time workers, are excluded from the scope of the Law; and hence, excluded from the protection of section 75(a). The Committee recalls in this context the particular vulnerability of domestic workers, especially women migrant workers, and also refers the Government to its comments on the Discrimination (Employment and Occupation) Convention, 1958 (No. 111). Recalling that pursuant to Article 2 of the Convention, the member State is to ensure the application of the principle of the Convention to all workers, the Committee asks the Government to indicate how the principle of equal remuneration between men and women for work of equal value is guaranteed to the groups of workers excluded from the scope of the new Labour Law. It further asks the Government to provide information on any measures taken to ensure that, in the determination of the remuneration of domestic workers, including through the minimum wage fixing machinery, their work is not being undervalued due to gender stereotypes. Please also indicate how Decision No. 27 (2009) on the regulation of private employment agency for non Syrians (domestic helper), conditions and rules of their employment in the territories of the Syrian Arab Republic, is applied to promote the principle of the Convention.

Wage determination machinery. The Committee notes from the new Labour Law that a national committee shall be constituted to determine and review the general minimum wage of workers covered by the Law (sections 69 and 70). The Committee asks the Government to provide information on measures taken or envisaged to ensure that the minimum wage fixing machinery fully takes into account the principle of equal remuneration for men and women for work of equal value ... .

Article 4. Cooperation with the social partners. The Committee notes that pursuant to section 177 of the new Labour Law, a Consultative Council for Labour and Social Dialogue is to be formed, with representatives of workers’ and employers’ organizations, the duties of which include putting forward opinions and recommendations regarding international labour Conventions, and promoting collective bargaining and encouraging collective agreements. The Committee asks the Government to provide information regarding whether the Consultative Council has examined the principle of the Convention, and given any opinions or recommendations thereon, including regarding the incorporation of the principle in collective agreements ... .

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

The Committee notes the continuing human rights violations reported and the ongoing climate of violence (Report of the United Nations Secretary-General, A/HRC/21/32, 25 September 2012). The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Repetition

The Committee notes that the Human Rights Council condemned and expressed profound concern at the grave and systematic human rights violations in the Syrian Arab Republic (Resolution by the Human Rights Council at its 17th special session on the human rights situation in the Syrian Arab Republic, 23 August 2011 – A/HRC/S-17/2) and regretted the lack of progress made in the political reform process. The Committee recognizes that, without an inclusive, credible and genuine dialogue conducted in an environment without fear and intimidation, and without effective protection of human rights, the implementation of the Convention is seriously hindered, if not rendered impossible. However, given that the Government’s report contains no reply to its previous comments, it is bound to repeat its previous observation, which read as follows:

Legislative developments. The Committee notes the adoption of a new Labour Law (No. 17/2010), section 75(a) of which provides that the employer shall apply the principle of “equal pay for work of equal value” to all workers without any discrimination, including discrimination based on gender. Section 75(b) then defines “work of equal value” as “work that requires equal scientific qualifications and professional skills, as attested by a work experience certificate”. While welcoming the specific reference to “work of equal value” in the new Labour Law, the Committee is concerned that the definition in section 75(b) may unduly restrict the application of section 75(a), as it does not appear to allow a comparison of jobs requiring different qualifications and skills, which are nonetheless of equal value. The Committee asks the Government to provide information on the practical application of section 75 of the new Labour Law, including any administrative or judicial decisions. Please also provide specific information regarding the scope of comparison permitted under section 75(b), and in particular whether it is possible to compare jobs of an entirely different nature, requiring different qualifications and skills, to determine whether they are of equal value under section 75(a).

Application in practice. The Committee notes that the Government’s report contains no information in response to its previous observations regarding concrete measures taken to determine the nature, extent and causes of inequalities in remuneration that exist in practice, in order to identify specific measures to address these inequalities. The Committee once again urges the Government to undertake studies to determine the nature, extent and causes of inequalities in remuneration existing in practice between men and women for work of equal value in the public and private sectors, and to identify specific measures to address these inequalities. Please also provide full information on the occupational classification system referred to in the previous report, including information on the criteria used to ensure that this classification system is free from gender bias.

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

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

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

Social security. The Committee refers to its previous comments expressing concern in relation to section 60(a) of the Social Security Law No. 92 of 1959, which constitutes direct discrimination based on sex with respect to remuneration. The Committee notes that the Government states that the Committee’s comments will be taken into account when amending the Social Insurance Act No. 92 of 1959. The Committee urges the Government to take serious steps to amend or repeal section 60(a) of the Social Security Law of 1959, without further delay, and to take measures to ensure that both men and women who take career breaks due to family responsibilities are entitled to benefits.

Occupational segregation. The Committee previously noted the persisting occupational segregation (Central Bureau of Statistics (2008 statistics)), which the Government had previously acknowledged makes it difficult for women to take part on an equal footing in the economic, political and social spheres. The Committee notes the Government’s indication that occupational segregation does not exist in the country and that there is no discrimination. Noting that no statistics (after 2008) or other information has been provided underpinning the Government’s statement, the Committee asks the Government to make every effort to provide information on the following:

• (i) any measures taken including by the Syrian Agency for Family Affairs, to improve women’s access to better paid occupations, including addressing traditional views and stereotypical assumptions, and concrete measures taken under the five-year plan (2006–10), and the results achieved;
• (ii) measures taken to widen women’s vocational training choices to enable them to move into occupations and positions that attract higher levels of pay;
• (iii) any measures taken to improve the situation of women working in the “special occupations for women (handicrafts, textiles, etc.)”, including information on the remuneration paid in these occupations where women predominate in comparison to remuneration paid in occupations where men predominate; and
• (iv) detailed statistics on the earnings of men and women by occupation or occupational groups and by branch of economic activity in the public and the private sectors.

The Committee further notes that the Government’s report contains no reply to some of its previous comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

Article 1(a) of the Convention. Definition of remuneration. The Committee notes that the definition of “wage” set out in section 1 of the new Labour Law (No. 17/2010), while including “any cash or in-kind remuneration given to workers in return for their work, in addition to any and all allowances ... ” appears to be narrower than the principle expressed in the Convention, since it goes on to specifically exclude travel allowances and daily expenses incurred by the workers in the course of work. The Committee also notes that the term used in section 75(a) is “equal pay for work of equal value”, and no definition is given of “pay” in the Law. The Committee draws the Government’s attention to the fact that Article 1(a) of the Convention refers to any additional emoluments whatsoever payable directly or indirectly by the employer to the workers, and arising out of the workers’ employment, which includes travel allowances and daily expenses. The Committee asks the Government to indicate whether the definition of “wage” in section 1 is intended to apply to the term “pay” as used in section 75(a). The Committee also asks the Government to take steps to ensure that all emoluments whatsoever payable directly or indirectly, whether in cash or in kind, including travel allowances and daily expenses, are included in the determination of equal pay for work of equal value under section 75(a).

Article 2. Scope of application of the Labour Law. The Committee notes that pursuant to section 5(a) of the new Labour Law, certain groups of workers, including civil servants subject to the Basic Law on State Employees (No. 50/2004), workers subject to the Agricultural Relations Law, domestic, casual and part-time workers, are excluded from the scope of the Law; and hence, excluded from the protection of section 75(a). The Committee recalls in this context the particular vulnerability of domestic workers, especially women migrant workers, and also refers the Government to its comments on the Discrimination (Employment and Occupation) Convention, 1958 (No. 111). Recalling that pursuant to Article 2 of the Convention, the member State is to ensure the application of the principle of the Convention to all workers, the Committee asks the Government to indicate how the principle of equal remuneration between men and women for work of equal value is guaranteed to the groups of workers excluded from the scope of the new Labour Law. It further asks the Government to provide information on any measures taken to ensure that, in the determination of the remuneration of domestic workers, including through the minimum wage fixing machinery, their work is not being undervalued due to gender stereotypes. Please also indicate how Decision No. 27 (2009) on the regulation of private employment agency for non-Syrians (domestic helper), conditions and rules of their employment in the territories of the Syrian Arab Republic, is applied to promote the principle of the Convention.

Wage determination machinery. The Committee notes from the new Labour Law that a national committee shall be constituted to determine and review the general minimum wage of workers covered by the Law (sections 69 and 70). The Committee asks the Government to provide information on measures taken or envisaged to ensure that the minimum wage fixing machinery fully takes into account the principle of equal remuneration for men and women for work of equal value [...].

Article 4. Cooperation with the social partners. The Committee notes that pursuant to section 177 of the new Labour Law, a Consultative Council for Labour and Social Dialogue is to be formed, with representatives of workers’ and employers’ organizations, the duties of which include putting forward opinions and recommendations regarding international labour Conventions, and promoting collective bargaining and encouraging collective agreements. The Committee asks the Government to provide information regarding whether the Consultative Council has examined the principle of the Convention, and given any opinions or recommendations thereon, including regarding the incorporation of the principle in collective agreements [...].

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

The Committee notes that the Human Rights Council condemned and expressed profound concern at the grave and systematic human rights violations in the Syrian Arab Republic (Resolution by the Human Rights Council at its 17th special session on the human rights situation in the Syrian Arab Republic, 23 August 2011 - A/HRC/S-17/2) and regretted the lack of progress made in the political reform process. The Committee recognizes that without an inclusive, credible and genuine dialogue conducted in an environment without fear and intimidation, and without effective protection of human rights, the implementation of the Convention is seriously hindered, if not rendered impossible. However, given that the Government’s report contains no reply to its previous comments, it is bound to repeat its previous observation, which read as follows:

Repetition

Legislative developments. The Committee notes the adoption of a new Labour Law (No. 17/2010), section 75(a) of which provides that the employer shall apply the principle of “equal pay for work of equal value” to all workers without any discrimination, including discrimination based on gender. Section 75(b) then defines “work of equal value” as “work that requires equal scientific qualifications and professional skills, as attested by a work experience certificate”. While welcoming the specific reference to “work of equal value” in the new Labour Law, the Committee is concerned that the definition in section 75(b) may unduly restrict the application of section 75(a), as it does not appear to allow a comparison of jobs requiring different qualifications and skills, which are nonetheless of equal value. The Committee asks the Government to provide information on the practical application of section 75 of the new Labour Law, including any administrative or judicial decisions. Please also provide specific information regarding the scope of comparison permitted under section 75(b), and in particular whether it is possible to compare jobs of an entirely different nature, requiring different qualifications and skills, to determine whether they are of equal value under section 75(a).

Application in practice. The Committee notes that the Government’s report contains no information in response to its previous observations regarding concrete measures taken to determine the nature, extent and causes of inequalities in remuneration that exist in practice, in order to identify specific measures to address these inequalities. The Committee once again urges the Government to undertake studies to determine the nature, extent and causes of inequalities in remuneration existing in practice between men and women for work of equal value in the public and private sectors, and to identify specific measures to address these inequalities. Please also provide full information on the occupational classification system referred to in the previous report, including information on the criteria used to ensure that this classification system is free from gender bias.

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

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Article 1(a) of the Convention. Definition of remuneration. The Committee notes that the definition of “wage” set out in section 1 of the new Labour Law (No. 17/2010), while including “any cash or in-kind remuneration given to workers in return for their work, in addition to any and all allowances ... ” appears to be narrower than the principle expressed in the Convention, since it goes on to specifically exclude travel allowances and daily expenses incurred by the workers in the course of work. The Committee also notes that the term used in section 75(a) is “equal pay for work of equal value”, and no definition is given of “pay” in the Law. The Committee draws the Government’s attention to the fact that Article 1(a) of the Convention refers to any additional emoluments whatsoever payable directly or indirectly by the employer to the workers, and arising out of the workers’ employment, which includes travel allowances and daily expenses. The Committee asks the Government to indicate whether the definition of “wage” in section 1 is intended to apply to the term “pay” as used in section 75(a). The Committee also asks the Government to take steps to ensure that all emoluments whatsoever payable directly or indirectly, whether in cash or in kind, including travel allowances and daily expenses, are included in the determination of equal pay for work of equal value under section 75(a).

Article 2. Scope of application of the Labour Law. The Committee notes that pursuant to section 5(a) of the new Labour Law, certain groups of workers, including civil servants subject to the Basic Law on State Employees (No. 50/2004), workers subject to the Agricultural Relations Law, domestic, casual and part-time workers, are excluded from the scope of the Law; and hence, excluded from the protection of section 75(a). The Committee recalls in this context the particular vulnerability of domestic workers, especially women migrant workers, and also refers the Government to its comments on the Discrimination (Employment and Occupation) Convention, 1958 (No. 111). Recalling that pursuant to Article 2 of the Convention, the member State is to ensure the application of the principle of the Convention to all workers, the Committee asks the Government to indicate how the principle of equal remuneration between men and women for work of equal value is guaranteed to the groups of workers excluded from the scope of the new Labour Law. It further asks the Government to provide information on any measures taken to ensure that, in the determination of the remuneration of domestic workers, including through the minimum wage-fixing machinery, their work is not being undervalued due to gender stereotypes. Please also indicate how Decision No. 27 (2009) on the regulation of private employment agency for non-Syrians (domestic helper), conditions and rules of their employment in the territories of the Syrian Arab Republic, is applied to promote the principle of the Convention.

Wage determination machinery. The Committee notes from the new Labour Law that a national committee shall be constituted to determine and review the general minimum wage of workers covered by the Law (sections 69 and 70). The Committee asks the Government to provide information on measures taken or envisaged to ensure that the minimum wage fixing machinery fully takes into account the principle of equal remuneration for men and women for work of equal value. The Committee asks the Government to provide specific information on measures taken to ensure that minimum wage rates are determined without gender bias, in particular that occupations where women predominate are not being undervalued compared to those where men predominate.

Social security. The Committee recalls its previous comments expressing concern in relation to section 60(a) of the Social Security Law No. 92 of 1959, which constitutes direct discrimination based on sex with respect to remuneration. The Committee notes with regret that the Government does not respond to this point, and the Committee, therefore, once again stresses that the compensation provided to women when they resign due to marriage or pregnancy, reinforces stereotypes on women’s role and responsibilities in society, thus exacerbating labour market inequalities. The Committee urges the Government to repeal section 60(a) of the Social Security Law of 1959, without further delay, and to take measures to ensure that both men and women who take career breaks due to family responsibilities are entitled to benefits. The Committee asks the Government to provide detailed information on the progress made in this regard.

Occupational segregation. The Committee notes that the statistical data of the Central Bureau of Statistics (2008 statistics) indicates the persistence of occupational segregation, which the Government had previously acknowledged makes it difficult for women to take part on an equal footing in the economic, political and social spheres. Noting that the Government’s report contains no specific information regarding its previous comments on this matter, the Committee asks the Government to provide information on the following:

(i)    any measures taken to improve women’s access to better paid occupations, including addressing traditional views and stereotypical assumptions, including by the Syrian Agency for Family Affairs, and concrete measures taken under the five-year plan (2006–10), and the results achieved;

(ii)   measures taken to widen women’s vocational training choices to enable them to move into occupations and positions that attract higher levels of pay;

(iii)  any measures taken to improve the situation of women working in the “special occupations for women (handicrafts, textiles, etc.)”, including information on the remuneration paid in these occupations where women predominate in comparison to remuneration paid in occupations where men predominate; and

(iv)  detailed statistics on the earnings of men and women by occupation or occupational groups and by branch of economic activity in the public and the private sectors.

Article 4. Cooperation with social partners. The Committee notes that pursuant to section 177 of the new Labour Law, a Consultative Council for Labour and Social Dialogue is to be formed, with representatives of workers’ and employers’ organizations, the duties of which include putting forward opinions and recommendations regarding international labour Conventions, and promoting collective bargaining and encouraging collective agreements. The Committee asks the Government to provide information regarding whether the Consultative Council has examined the principle of the Convention, and given any opinions or recommendations thereon, including regarding the incorporation of the principle in collective agreements. Please also provide any information on other measures taken to cooperate with workers’ and employers’ organizations for the purpose of giving effect to the Convention, including to raise awareness of the principle of the Convention, in particular regarding the concept of work of equal value. Please also provide information on whether and to what extent the principle of the Convention has been reflected in collective agreements, and provide a sample of such agreements.

Parts III and IV of the report form. Enforcement and labour inspection. The Committee notes the Government’s indication that the new Labour Law contains strict provisions with respect to employers who violate the Law, including providing for a fine (section 259). The Committee notes that pursuant to section 204, a worker or employer may bring a dispute regarding the application of the Law to the competent court. It also notes that section 249 provides that every inspector shall monitor the enforcement of the Law “in connection with working conditions and protection of workers at work”, and that they have the authority to take action against employers who violate the law, including referring the matter to the court. The Committee further notes that no judicial decisions have been rendered regarding the application of section 75 of the Labour Law, nor is any information available concerning relevant violations detected by the labour inspection services. The Committee asks the Government to consider providing judges and labour inspectors with specific training on the scope of the principle of the Convention, as well as on its practical implications, in order to enhance their capacity to identify shortcomings in the application of the Convention. Please also continue to provide information on any judicial decisions concerning the principle of equal remuneration, as well as information on the activities of the labour inspectorate services, including any complaints received or violations detected, the sanctions imposed and the remedies provided.

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

Legislative developments. The Committee notes the adoption of a new Labour Law (No. 17/2010), section 75(a) of which provides that the employer shall apply the principle of “equal pay for work of equal value” to all workers without any discrimination, including discrimination based on gender. Section 75(b) then defines “work of equal value” as “work that requires equal scientific qualifications and professional skills, as attested by a work experience certificate”. While welcoming the specific reference to “work of equal value” in the new Labour Law, the Committee is concerned that the definition in section 75(b) may unduly restrict the application of section 75(a), as it does not appear to allow a comparison of jobs requiring different qualifications and skills, which are nonetheless of equal value. The Committee asks the Government to provide information on the practical application of section 75 of the new Labour Law, including any administrative or judicial decisions. Please also provide specific information regarding the scope of comparison permitted under section 75(b), and in particular whether it is possible to compare jobs of an entirely different nature, requiring different qualifications and skills, to determine whether they are of equal value under section 75(a).

Application in practice. The Committee notes that the Government’s report contains no information in response to its previous observations regarding concrete measures taken to determine the nature, extent and causes of inequalities in remuneration that exist in practice, in order to identify specific measures to address these inequalities. The Committee once again urges the Government to undertake studies to determine the nature, extent and causes of inequalities in remuneration existing in practice between men and women for work of equal value in the public and private sectors, and to identify specific measures to address these inequalities. Please also provide full information on the occupational classification system referred to in the previous report, including information on the criteria used to ensure that this classification system is free from gender bias.

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

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Social security. In response to the Committee’s previous comments calling for the repeal of section 60(a) of the Social Security Law No. 92 of 1959, the Government indicates that providing women with 15 per cent of their average salary when they resign due to marriage or pregnancy, benefits women. The Committee must again express its concern that, by providing for compensation where a woman resigns due to marriage or pregnancy, the legislation reinforces stereotypes concerning women’s role in society, in particular the perception that women should bear the sole burden of family and child-care responsibilities, thus exacerbating labour market inequalities. The Committee recalls that such a provision constitutes direct discrimination based on sex with respect to remuneration. The Committee again asks the Government to repeal section 60(a) of the Social Security Act of 1959 and to take measures to ensure that both men and women who take career breaks due to family responsibilities are entitled to benefits. Please provide information of the progress made in this regard.

Occupational segregation as a cause of inequalities in remuneration. The Committee notes the information provided by the Government in its report, in particular regarding steps taken under the Five-Year Plan (2006–10) to improve women’s capacities and leadership skills through projects to establish a centre for career counselling and guidance, and a career management centre. Regarding the information requested on measures taken to address traditional views and stereotypical assumptions which the Government had acknowledged were making it difficult for women to take part on an equal footing in the economic, political and social spheres, the Committee notes the Government’s reference to symposia and conferences on women’s rights. In the absence of any response to its request for information regarding the Government’s reference to “special occupations for women (handicrafts, textiles, etc.)”, the Committee again asks the Government to provide information on the action taken to improve the situation of women working in these “special occupations”, including information on the remuneration paid in these female-dominated occupations in comparison to remuneration paid in male-dominated occupations. It also asks the Government to provide examples of specific measures it has taken to improve women’s access to better paid occupations and also to widen women’s vocational training choices to enable them to move into occupations and positions that attract higher levels of pay. The Committee further asks the Government to continue to take measures to address traditional views and stereotypical assumptions that may exist regarding women’s aspirations, preferences, capabilities and “suitability” for certain jobs, and to provide information in this regard. The Committee also refers the Government to its comments under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111).

Part V of the report form. Labour inspection. The Committee notes the Government’s acknowledgement that labour inspectors have an important role in ensuring the application of the principle of the Convention. The Committee asks the Government to gather and submit information on any complaints received or violations detected by the labour inspectorate services with respect to the application of the principle of equal remuneration between men and women for work of equal value, the sanctions imposed and the remedies provided. Please also indicate whether any specific training on the scope of the principle of the Convention as well as on its practical implications is provided to labour inspectors with a view to enhancing their capacity to identify shortcomings in the application of the Convention.

Noting that the Government does not provide any information in reply to the other points previously raised, the Committee is bound to repeat part of its previous direct request, which read as follows:

3. The Committee notes the promulgation of Act No. 42, 2003, establishing the Syrian Agency of Family Affairs. Recalling that household and family responsibilities being primarily borne by women contributes to women often choosing to enter into jobs and occupations which are less career-oriented and lower paid, the Committee asks the Government to indicate, in its next report, the activities by the Syrian Agency for Family Affairs to assist women in better harmonizing work and family responsibilities, and to promote a better sharing of family responsibilities between women and men, so as to enable women to enter into better-paid occupations.

4. Statistical information. The Committee notes the statistics on average monthly earnings of men and women for the year 2002–05 but observes that these statistics are very general and do not indicate any differentials in earnings that might exist between jobs or occupations in which men or women are concentrated, and which are of a different nature but of equal value. The Committee, recalling its observation of 1998 on this Convention (attached for ease of reference), asks the Government to provide more detailed statistics on the distribution of men and women by earnings level and by occupation or occupational groups or/and by branch of economic activity.

5. Cooperation with the social partners. The Committee notes the information on the non-governmental organizations playing a role in focusing attention on women’s issues. The Committee asks the Government to indicate in its next report how it is cooperating with these organizations as well as with the social partners to promote the principle of the Convention, and the results achieved.

Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

Article 2 of the Convention. Application in practice of the principle of equal remuneration for work of equal value. In its previous observation, the Committee drew the Government’s attention to the fact that wage inequalities between men and women may exist in practice despite the adoption of non-discriminatory laws, rules and regulations governing the determination of wages. The Committee stressed the importance of determining the nature, extent and causes of wage inequalities existing in practice, in order to identify specific measures to address these inequalities.

While noting that the Government does not provide information on any measures taken in this regard, the Committee notes the Government’s request for ILO technical assistance to help it undertake the necessary studies, in collaboration with the social partners. The Committee also notes that the Government refers to an occupational classification system approved by an order of the Council of Ministers. The Committee again urges the Government to undertake the necessary studies to determine the nature, extent and causes of inequalities in remuneration existing in practice between men and women for work of equal value in the public and private sectors, and to identify specific measures to address these inequalities. The Committee also encourages the Government to take steps to obtain any necessary assistance from the Office in this regard. The Committee also asks the Government to provide full information on the occupational classification system referred to in its report, including information on the criteria used to ensure that this classification system is free from gender bias.

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

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

1. Social security. The Committee notes that section 60(a) of Social Security Law No. 92 of 1959, as amended, states that, if a female insured person resigns due to marriage or pregnancy with her first child within six months of marriage or giving birth, she shall receive a compensation of 15 per cent of her average salary. The Committee considers that section 60(a), in reinforcing stereotyped perceptions of the role of men and women in society, in particular the perception that women should bare the sole burden of family and childcare responsibilities, generates inequalities between men and women in the labour market and constitutes direct discrimination based on sex with regard to remuneration. The Committee asks the Government to repeal section 60(a) of the Social Security Act of 1959 and to consider taking measures to ensure that both men and women who take career breaks due to family responsibilities are entitled to benefits, and to keep the Committee informed of the progress made in this regard.

2. Occupational segregation as a cause for inequalities in remuneration. Further to its observation, the Committee notes the statistics for 2004 on the distribution of men and women by economic activity and salary groups. The statistics indicate that women continue to be concentrated in the agriculture and forest activities, primarily in cooperatives and collectives (47 per cent) and the private sector (49.5 per cent); and in services, mainly in the public sector (92.5 per cent),but also in the private sector (19.5 per cent). The Committee notes from the Government’s report that one of the expected outcomes of the Five-year Plan (2006–10) is to contribute to poverty alleviation through raising women’s educational level and increasing women’s participation in economic activity. The Government recognizes, however, that the efforts aimed at integrating women in the economic, political and social spheres shall not be easy due to the traditional views held vis-à-vis women, which requires a process of change in behaviour. The Committee asks the Government to provide information on the following points:

(a)   the concrete measures taken, and the results achieved, under the Five-year Plan (2006–10) to improve the access of women to better paid occupations, and to raise their education and skills levels to enable them to move to occupations that attract higher pay;

(b)   the measures taken to address traditional views and stereotypical assumptions that may exist regarding women’s aspirations, preferences, capabilities and “suitability” for certain jobs; and

(c)   referring to its previous comments, the action taken to improve the situation of women in “special occupations”, including information on the remuneration paid in these female-dominated occupations in comparison to remuneration paid in male-dominated occupations.

3. The Committee notes the promulgation of Act No. 42, 2003, establishing the Syrian Agency of Family Affairs. Recalling that household and family responsibilities being primarily borne by women contributes to women often choosing to enter into jobs and occupations which are less career-oriented and lower paid, the Committee asks the Government to indicate, in its next report, the activities by the Syrian Agency for Family Affairs to assist women in better harmonizing work and family responsibilities, and to promote a better sharing of family responsibilities between women and men, so as to enable women to enter into better-paid occupations.

4. Statistical information. The Committee notes the statistics on average monthly earnings of men and women for the year 2002–05 but observes that these statistics are very general and do not indicate any differentials in earnings that might exist between jobs or occupations in which men or women are concentrated, and which are of a different nature but of equal value. The Committee, recalling its observation of 1998 on this Convention (attached for ease of reference), asks the Government to provide more detailed statistics on the distribution of men and women by earnings level and by occupation or occupational groups or/and by branch of economic activity.

5. Cooperation with the social partners. The Committee notes the information on the non-governmental organizations playing a role in focusing attention on women’s issues. The Committee asks the Government to indicate in its next report how it is cooperating with these organizations as well as with the social partners to promote the principle of the Convention, and the results achieved.

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

1. Article 2 of the Convention. Application in practice of the principle of equal remuneration for work of equal value. Over the past few years, the Committee, while taking due note of the information provided by the Government that wages were determined by non-discriminatory laws, rules and regulations, has stressed the importance of also addressing wage inequalities between men and women that may exist in practice. The Committee notes that the Government in its most recent report, again merely points to the applicable legislation and wage scales, and states that there are no wage disparities between men and women and that no complaints have been submitted relating to unequal pay. The Government’s report also continues to omit information on the concrete measures taken to determine whether inequalities in remuneration exist in practice between men and women, especially when they are performing work that is of an entirely different nature, but nevertheless of equal value.

2. The Committee draws the Government’s attention to the fact that difficulties in applying the Convention in law and in practice result, in particular, from a lack of understanding of the underlying factors contributing to wage inequalities, and of the scope and implications of the concept of “work of equal value”. The Committee recalls that inequalities in remuneration may be the result of a number of factors, including less career-oriented education, training and skills levels for women; horizontal and vertical occupational segregation of women into lower paying jobs or occupations; and to the fact that household and family responsibilities are still primarily borne by women. The Committee refers the Government to its general observation of 2006 on this Convention, which clarifies the meaning of the concept of “work of equal value”, and which explains some of the underlying causes of unequal remuneration between men and women that may exist in practice. In its observation, the Committee highlights, for example, the fact that historical attitudes towards the role of women in society, along with stereotypical assumptions regarding women's aspirations, preferences, capabilities and “suitability” for certain jobs, have all contributed to occupational sex segregation in the labour market. As a result, certain jobs are held predominantly or exclusively by women and others by men. These views and attitudes also tend to result in the undervaluation of these “female jobs” in comparison with jobs held by men who are performing different work and using different skills, when determining wage rates. The Committee urges the Government to undertake the necessary studies to determine the nature, extent and causes of any inequalities in remuneration that may exist in practice between men and women for work of equal value in the public and private sectors, and to identify specific measures to address these inequalities. The Committee hopes that the Government will make every effort to take the necessary action in the very near future, and provide information on the progress made in its next report.

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

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

1. Article 2 of the Convention. Promotion of the principle of the Convention. The Committee notes the Government’s statement that relevant ministries carry out a number of national training sessions, meetings and workshops aimed at raising women’s awareness as to their rights and duties in the context of the follow-up to the recommendations of the International Conference on Population held in 2001. It also notes that the Ministry of Labour and Social Affairs has upgraded the Population Unit through integrating awareness and training on population issues in various fields and specific activities related thereto, and that a Committee for Women’s Industrial Affairs has been created based on the importance of women’s role in economic integration. While welcoming these measures, the Committee asks the Government to indicate the concrete ways in which the abovementioned structures and training sessions are promoting the principle of equal remuneration for work of equal value and their impact on reducing wage inequalities between men and women that may exist in practice. Please also indicate whether any complaints or other action concerning wage inequalities have been initiated by women workers as a result of these training sessions.

2. Part V of the report form. Practical application. The Committee notes the Government’s statement that women represent 12 per cent of the judges and that there are 250 female assistant judges and hundreds of women lawyers and employees in the judicial professions. The Government also states that large numbers of women are found in the field of education. Noting from the Government’s report that statistics exist for the year 2002 on the composition of the labour force according to age, sex, urban and rural areas, occupational categories, and economic activities, the Committee asks the Government to include these statistical data in its next report along with the statistics on the average earnings of men and women, referred to in its previous report. In this regard, the Committee recalls that in all countries horizontal and vertical occupational segregation of women in certain jobs, sectors and occupations, is one of the underlying causes of wage inequalities between men and women. It therefore asks the Government to indicate the measures taken or envisaged to determine whether there is occupational segregation of women in lower paid and lower level occupations and sectors in the country, and to report any measures taken to address this. This might include measures to increase the percentage of women judges as well as measures to improve access to better paid occupations and to widen women’s vocational training choices to enable them to move to occupations and positions that attract higher pay.

3. Further to the above, the Committee reiterates its request for information on government action to improve the situation of women working in "special occupations", including information on the remuneration paid in these female-dominated occupations in comparison to remuneration paid in male-dominated occupations.

4. Article 4. Cooperation with the social partners. The Committee notes that the Organization of Women’s Trade Union Confederation (OWTUC), which participates in the formulation of development plans, has taken on the responsibility of making Syrian women aware of their social and political role. It asks the Government to provide information on the activities of the OWTUC to promote equal remuneration for men and women for work of equal value and to indicate the manner in which it is cooperating with the OWTUC to promote the principle of the Convention in the formulation of development plans, and the results achieved.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the information contained in the Government’s report and the documentation enclosed.

1. The Committee recalls that, according to article 36(2) of the 1973 Constitution of the Syrian Arab Republic, the State must guarantee the right of every citizen "to earn his wage according to the nature and yield of the work". The Committee further notes that, as stated in article 45 of the Constitution, the State guarantees women "all opportunities enabling them to fully and effectively participate in the political, social, cultural and economic life" of the country and that the State has the obligation to "remove the restrictions that prevent women’s development and participation in building the socialist Arab society".

2. The Committee notes the Government’s statement that there are no differences between men and women in wage fixing, as wages are determined in a general fashion, according to non-discriminatory laws, decisions and rules. It would however draw the Government’s attention to the need to also address any inequalities and disparities that may exist in practice, which often result from a number of factors, such as lower, less appropriate and less career-oriented education, training and skills levels for women; horizontal and vertical occupational segregation of women into lower paying jobs or occupations and lower level positions without promotion opportunities; household and family responsibilities being primarily borne by women; and pay structures (Committee of Experts, General Report, 2001, paragraph 40). The Committee asks the Government to provide more information about any promotional campaigns or training sessions it holds or intends to organize to develop the awareness of workers and employers on the importance of promoting equal pay for work of equal value.

3. The Committee notes the Government’s statement that "there are special occupations for women (handicrafts, textiles, etc.)" and that it "attaches special importance to the issue of women’s vocational training". The Committee would appreciate information on Government action to improve the situation of women working in these "special occupations", including information on the remuneration paid in these female-dominated occupations in comparison to remuneration paid in male-dominated occupations. It asks the Government to provide examples of measures it has taken to improve access to better paid occupations and also to widen women’s vocational training choices to enable them to move into occupations and positions that attract higher levels of pay.

4. The Committee notes the statistical information provided by the Government. In particular, it notes that a significant amount of female workers are being employed as technicians or professionals (27.4 per cent) or in the agricultural industry (51.1 per cent), compared to men (9 per cent and 23.2 per cent, respectively) (Multiple Purpose Survey, 1999). The Committee takes note of the Government’s undertaking to send in future statistics on the average earnings of men and women and on the proportion of women in the various sectors at different levels of the labour market, in both the public and the private sectors, in collaboration with the Central Office for Statistics.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes the information contained in the Government’s reports and the documents enclosed.

1.  The Committee takes note of Administrative Instruction No. b71/6450 of 4 September 1961 setting forth the principles to be observed by the Wage-Setting Committees in determining minimum wage by occupation in the private sector. It notes that posts are assessed in accordance with the level of responsibility, the skills required and the performance of an average worker, without distinction as to sex. It also notes that the wage levels of state employees are set according to job grade and category, according to academic qualifications, experience and physical fitness. It notes from the copies of the orders concerning the appointment of public employees appended to the report that women are appointed to posts at all levels, as are men. Lastly, the Committee notes from the Agricultural Relations Act, No. 134, of 1958, that in the agricultural sector wages are fixed according to the cost of living, working hours and volume of production.

2.  The Committee notes the Government’s statement that this information indicates that, in the Syrian Arab Republic, wages are fixed according to rules which are free of discrimination between men and women. The Committee notes the importance of sex-neutral wage classifications and wage-fixing methods. It would however draw the Government’s attention to the need to also address any inequalities and disparities that may exist in practice, which often result from a number of factors. Consequently, so that it may properly assess the application in practice of the principle of the Convention in both the private and public sectors, the Committee asks the Government to continue to collect and supply statistical information on the average earnings of men and women and on the proportion of women at the various levels of the labour market, in both the public and the private sector, to facilitate the identification of any disparities that may remain in certain sectors and the determination of their causes.

3.  The Committee notes that the Government’s report provides no answer to point 2 of its previous direct request and asks the Government to indicate the manner in which existing machinery and procedures to promote vocational training for women take account of the high proportion of women in certain jobs and sectors while ensuring equal remuneration for work of equal value for men and women.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes the information in the Government's report.

1. The Committee notes the indication by the Government that the statistical information requested is not available. In this respect, the Committee would like to refer the Government to its general observation on the importance and role of statistical information. In the absence of this information, the Committee requests the Government to provide it with any other information it may have, i.e. studies, guidelines, etc., with regard to the application of provisions regulating wages and the application of equal remuneration between men and women in accordance with the Convention.

2. With reference to its direct request of 1997 on Convention No. 111, in which it noted that the number of women receiving training through the Office of Vocational Training continues to increase, albeit in courses such as tailoring, knitting, typing, flower arranging, hairdressing and embroidering, the Committee notes that discrimination in remuneration may arise out of the existence of a heavy concentration of women workers in certain jobs and certain sectors of activity. The Committee requests the Government to indicate how existing machinery and procedures take into account the possible existence of such a concentration of women workers in certain jobs and sectors while ensuring equal remuneration for work of equal value for men and women workers.

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes the information supplied by the Government in response to its previous comments. It notes that the information is of a very general nature, gives none of the specific detail requested and does not allow in any way assessment of the extent to which the Convention and pertinent national legislation are applied. It also notes that the only figures provided concern the distribution of workers by sex for 1989 and are therefore out of date. The Committee would be grateful if the Government would communicate in its next report information as specific as possible as requested in the previous direct request, worded as follows:

1. The Committee notes the updated public service wage tables applying to five categories of workers, both men and women. It also notes the tables applying to staff employed by the Government, disaggregated by sex and by department. In order that the Committee may ascertain how the principle of equal remuneration laid down in the laws and regulations is applied in practice, the Committee would be grateful if the Government would provide with its next report information, if possible in table form, broken down by category or job level, on the actual earnings of men and women and the distribution of men and women employed at the different levels.

2. The Committee notes that, in the private sector, wages are fixed not by collective agreements but by wage-fixing committees in each province. The Committee would be grateful if the Government would provide with its next report statistical data showing the actual earnings of men and of women broken down by job category, and the distribution of men and women employed at the different levels.

3. The Committee also asks the Government to provide information on the measures taken to ensure that the provisions regulating equal remuneration are applied and, in particular, on the activities of the Labour Inspectorate (infringements registered, penalties imposed) and on the decisions handed down by the courts.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee takes note of the Government's report and the information provided in reply to its previous comments, and the appended documents.

1. The Committee notes the updated public service wage tables applying to five categories of workers, both men and women. It also notes the tables applying to staff employed by the Government, disaggregated by sex and by department. In order that the Committee may ascertain how the principle of equal remuneration laid down in the laws and regulations is applied in practice, the Committee would be grateful if the Government would provide with its next report information, if possible in table form, broken down by category or job level, on the actual earnings of men and women and the distribution of men and women employed at the different levels.

2. The Committee notes that, in the private sector, wages are fixed not by collective agreements but by wage-fixing committees in each province. The Committee would be grateful if the Government would provide with its next report statistical data showing the actual earnings of men and of women broken down by job category, and the distribution of men and women employed at the different levels.

3. The Committee also asks the Government to provide information on the measures taken to ensure that the provisions regulating equal remuneration are applied and, in particular, on the activities of the Labour Inspectorate (infringements registered, penalties imposed) and on the decisions handed down by the courts.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee has taken note of the Government's report and the information provided in response to the Committee's previous comments.

1. The Committee notes that Ministry Instructions No. 7/1/6450 dated 4 September 1991 fix workers' wages according to categories determined by objective criteria connected with the nature of the work. According to the Government, the value of the work is taken into account in fixing wages, and it is of little import whether the work is done by a man or a woman since the wage will be the same for either.

With regard to the public sector, the Committee notes the model statute prepared by Decision of the Office of the President of the Council of Ministers No. 3803 of 1985, which defines the objective evaluation of jobs and lays down the criteria to be used for that purpose.

2. Furthermore the Committee finds that it is not in possession of sufficient information to assess how the principle of equal remuneration stated in the laws and regulations is applied in practice. It would therefore be grateful if the Government would supply in its next report:

(i) the wage scales applicable in the public service, indicating the distribution of men and women at the various levels (the Committee points out that it has not received the copy of the statistical table which the Government mentions in its report);

(ii) the text of the provisions fixing the levels of wages other than minimum wages in various sectors of activity, if possible indicating the proportion of women covered by these collective agreements and the distribution of men and women at the various levels;

(iii) statistical data on wage rates and the average earnings of men and women, if possible by occupation, branch of activity, seniority and level of qualifications, together with information on the corresponding proportion of women.

3. In addition, the Committee asks the Government to furnish information on the measures taken to supervise the application of the provisions governing equal wages and, in particular, the activities of the labour inspectorate (visits made, violations detected and penalties imposed), and also on the decisions of the courts.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee notes with regret 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 noted that the Labour Code and the Act regulating employment relations in agriculture make no distinction between men and women in their definition of the term "worker", but that equality of remuneration is achieved on the basis of the principle of "the same remuneration for the same work".

The Committee also noted that minimum wages are determined under the above legislation and not by collective agreements. The legislation in question provides for the creation in the various governorships of the country (by Order of the Minister of Labour and Social Affairs) of joint committees composed of representatives of the Government, of employers and of workers. These committees are responsible for examining the situation in a particular profession and for proposing to the Minister, for his approval, minimum wage rates applicable to the various categories of jobs, established on the basis of an objective appraisal of the work to be performed.

Ministerial Instruction No. B/1/6450 of 4 September 1961 contains rules to be observed by the joint committees in question when determining minimum wages, when classifying workers in the various occupations and in the appraisal of jobs. The Committee noted that under paragraph 2(a) of these Instructions, workers of average skill and competence will be taken into consideration for the determination of minimum wages, without distinctions being made on grounds of sex and in accordance with the principle of "equal wages for the same work".

The Committee wishes to point out in this connection that in accordance with the Convention (and Recommendation No. 90 which supplements it) equality of remuneration for men and women workers should be understood as being for work "of equal value"; this means that the standards contained in these instruments go beyond a reference to the "same work" or to "similar work" and that they establish the comparison on grounds of the value of the work. (Please refer in this connection to paragraphs 19 to 23 and 52 to 70 of the General Survey of 1986 on Equal Remuneration.)

The Committee therefore requests the Government to indicate the way in which effect is given to the principle of equality of remuneration set forth in the Convention, particularly in cases where men and women are employed in practice in work of a different nature, which may be of equal value. The Committee also requests the Government to supply examples of the appraisals made of jobs by the above joint committees and also information concerning the application of the principle of equality of remuneration for wages exceeding the statutory minimum rates.

2. Regarding the public sector, the Committee noted that Act No. 1 of 2 January 1985 (which came into force on 2 January 1986) establishing conditions of employment for state employees is applicable to both central and local administration units and to state establishments, societies and enterprises, but does not contain provisions formally enshrining the principle of equality of remuneration. It noted, however, from the Government's statements, that this principle has been taken into account for the classification of jobs, the determination of the required qualifications for candidates and the fixing of corresponding wage rates (wages paid on appointment to various positions, minimum wages and maximum wages) in accordance with sections 5 and 6 of the above Act and with the tables annexed to it.

The Committee also noted from the information supplied by the Government with regard to Convention No. 111, that the model conditions for employment in public bodies were established by Decision No. 3803 of 1985 of the President of the Council of Ministers. Section 4 of the 1985 Act prescribes that these provisions shall contain, inter alia, an objective appraisal of jobs according to their nature and the tasks to be performed, and a classification of professional and ordinary posts, including the applicable wage system and procedures for promotion. The Committee accordingly requests the Government to communicate a copy of the above-mentioned Decision (or an extract containing the corresponding provisions) with its next report.

3. The Committee would also be grateful if the Government would supply a copy of the statistical table indicating the distribution of staff in the administration and the public sector in accordance with their sex and the service in which they are employed, which is published by the Central Statistics Bureau (the Government indicated that this table was attached to its report, but it was not received).

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

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 that the Government's report contains no reply to its comments. It hopes that the next report will include full information on the following matters raised in its previous direct request:

1. The Committee noted that the Labour Code and the Act regulating employment relations in agriculture make no distinction between men and women in their definition of the term "worker", but that equality of remuneration is achieved on the basis of the principle of "the same remuneration for the same work".

The Committee also noted that minimum wages are determined under the above legislation and not by collective agreements. The legislation in question provides for the creation in the various governorships of the country (by Order of the Minister of Labour and Social Affairs) of joint committees composed of representatives of the Government, of employers and of workers. These committees are responsible for examining the situaton in a particular profession and for proposing to the Minister, for his approval, minimum wage rates applicable to the various categories of jobs, established on the basis of an objective appraisal of the work to be performed.

Ministerial Instruction No. B/1/6450 of 4 September 1961 contains rules to be observed by the joint committees in question when determining minimum wages, when classifying workers in the various occupations and in the appraisal of jobs. The Committee noted that under paragraph 2(a) of these Instructions, workers of average skill and competence will be taken into consideration for the determination of minimum wages, without distinctions being made on grounds of sex and in accordance with the principle of "equal wages for the same work".

The Committee wishes to point out in this connection that in accordance with the Convention (and Recommendation No. 90 which supplements it) equality of remuneration for men and women workers should be understood as being for work "of equal value"; this means that the standards contained in these instruments go beyond a reference to the "same work" or to "similar work" and that they establish the comparison on grounds of the value of the work. (Please refer in this connection to paragraphs 19 to 23 and 52 to 70 of the General Survey of 1986 on Equal Remuneration.)

The Committee therefore requests the Government to indicate the way in which effect is given to the principle of equality of remuneration set forth in the Convention, particularly in cases where men and women are employed in practice in work of a different nature, which may be of equal value. The Committee also requests the Government to supply examples of the appraisals made of jobs by the above joint committees and also information concerning the application of the principle of equality of remuneration for wages exceeding the statutory minimum rates.

2. Regarding the public sector, the Committee noted that Act No. 1 of 2 January 1985 (which came into force on 2 January 1986) establishing conditions of employment for state employees is applicable to both central and local administration units and to state establishments, societies and enterprises, but does not contain provisions formally enshrining the principle of equality of remuneration. It noted, however, from the Government's statements, that this principle has been taken into account for the classification of jobs, the determination of the required qualifications for candidates and the fixing of corresponding wage rates (wages paid on appointment to various positions, minimum wages and maximum wages) in accordance with sections 5 and 6 of the above Act and with the tables annexed to it.

The Committee also noted from the information supplied by the Government with regard to Convention No. 111, that the model conditions for employment in public bodies were established by Decision No. 3803 of 1985 of the President of the Council of Ministers. Section 4 of the 1985 Act prescribes that these provisions shall contain, inter alia, an objective appraisal of jobs according to their nature and the tasks to be performed, and a classification of professional and ordinary posts, including the applicable wage system and procedures for promotion. The Committee accordingly requests the Government to communicate a copy of the above-mentioned Decision (or an extract containing the corresponding provisions) with its next report.

3. The Committee would also be grateful if the Government would supply a copy of the statistical table indicating the distribution of staff in the administration and the public sector in accordance with their sex and the service in which they are employed, which is published by the Central Statistics Bureau (the Government indicated that this table was attached to its report, but it was not received).