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

Equal Remuneration Convention, 1951 (No. 100) - Iraq (Ratification: 1963)

Other comments on C100

Observation

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Direct Request

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Article 1(b) of the Convention. Equal remuneration for work of equal value. Legislation. The Committee recalls section 4(2) of the Labour Code, which limits equal remuneration to work of the same nature and the same volume performed under identical conditions, therefore being more restrictive than the principle of the Convention. The Committee also recalls that, since 2008, the Government has been referring to a draft Labour Code, and indicating that section 4 of the draft Labour Code provides for equal remuneration for men and women for work of equal value. In its report of March 2012, the Government indicated that the draft was before Parliament awaiting a second reading. In its most recent report, there is no indication given regarding the stage of advancement of the draft. The Committee again draws the Government’s attention to the fact that the concept of “work of equal value” lies at the heart of the fundamental right of equal remuneration for men and women for work of equal value, and the promotion of equality. Due to historical attitudes and stereotypes regarding women’s aspirations, preferences and capabilities, certain jobs are held predominantly or exclusively by women (such as in caring professions) and others by men (such as in construction). Often “female jobs” are undervalued in comparison with work of equal value performed by men when determining wage rates. Therefore, the concept of “work of equal value” is fundamental to tackling occupational sex segregation, which characterizes the Iraqi labour market, as it permits a broad scope of comparison, including, but going beyond, equal remuneration for “the same” or “identical” work, and also encompasses work that is of an entirely different nature, which is nevertheless of equal value (General Survey of 2012 on fundamental Conventions, paragraph 673). The Committee again urges the Government to ensure that in the revision process of the Labour Code, full legislative expression is given to the principle of equal remuneration for men and women for work of equal value, without limiting it to work of the same nature and same volume performed under identical conditions, and ensuring that the principle applies to all workers, whether skilled or unskilled. Please provide specific information on the concrete steps taken and progress made in this regard.

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