Demande directe (CEACR) - adoptée 2009, publiée 99ème session CIT (2010)

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:

Legislative framework. The Committee notes that section 38 of the Labour Code appears to be narrower than the principle expressed in the Convention, since it limits the right to equal wages for work of equal value to the same workplace and to work performed under the same conditions. Pursuant to the Convention, equal remuneration should be paid to men and women for work of equal value, even if the work is undertaken in entirely different conditions, or in different workplaces. The Committee understands that the Labour Code is being reviewed, and it hopes that the opportunity will be taken in this review process to amend the law to give full legislative expression to the principle of the Convention. Please keep the Committee informed of any progress in this regard.

National plan. The Committee notes that the Law of the Fourth Economic, Social and Cultural Development Plan (2005–09) provides in article 101 that the Government is to prepare a national plan based on a number of principles, including “equal remuneration for men and women in similar work”. The Committee notes that the terms of article 101 are narrower than the principle of the Convention which refers to “work of equal value”. The Committee recalls that “work of equal value” includes, but goes beyond, the same or similar work, and also encompasses work that is of an entirely different nature, which is nevertheless of equal value. The Committee draws the Government’s attention in this regard to its general observation of 2006 (see paragraph 3). The Committee asks the Government to provide information on whether the national plan has been prepared pursuant to article 101 of the Fourth Economic, Social and Cultural Development Plan, and how this plan gives effect to the principle of the Convention, in particular with respect to the concept of “equal value”.

Collective agreements. The Government points to the application of the Convention through collective agreements, in particular the 2001 National Collective Agreement which provides for equal wages for the performance of equal work under equal conditions. It is not clear from the Government’s report whether the collective agreement is still in force. The Committee recalls that the reference to performing work under equal conditions is narrower than the concept of “equal value”, and does not fully apply the principle of the Convention. The Committee asks the Government to provide information on the status of the 2001 National Collective Agreement. The Committee also wishes to receive information regarding measures taken to promote equal remuneration for work of equal value in collective agreements. Please provide summaries of any collective agreements applying the principle of the Convention.

Discriminatory wage scales. The Committee notes from the report of the technical assistance mission to the Islamic Republic of Iran from 26 October to 1 November 2007 regarding, among other issues, Discrimination (Employment and Occupation) Convention, 1958 (No. 111), that as a result of the Bill to approve the uniform system of payment of wages, discriminatory wages between male and female teachers would be abolished. The Committee asks the Government to provide information on the status of the Bill to approve the uniform system of payment of wages, with information on the specific provisions addressing discriminatory wages between male and female teachers. Please specify whether there are any other wage scales in the public sector that discriminate on the basis of sex. Noting that such discriminatory wage scales seriously undermine women’s equality in employment, the Committee hopes that efforts will be made to ensure they are abolished without delay.

Employment assessments. The Committee notes that the Government has again not replied to its request for details on the implementation of the regulation regarding employment assessments. The Committee again asks the Government how the regulation is being implemented in different workplaces, in particular in enterprises employing only or mainly women.

Enforcement. The Committee notes that no cases of gender wage discrimination have been reported to the dispute settlement boards, or through monitoring by labour inspections. The Committee recalls that the absence of complaints of wage discrimination does not necessarily indicate an absence of violations. It may rather indicate an absence of an appropriate legal framework, a lack of understanding of the principle by the labour inspectorate, as well as by workers and employers, or a lack of accessible complaints procedures. The Committee asks the Government to provide information on any measures taken to improve the capacity of labour inspectors to detect and address unequal remuneration for work of equal value, and to ensure that workers are apprised of their right to equal remuneration for work of equal value and of the dispute resolution mechanisms available. Please provide information of any progress made in this regard.

Statistics and the wage gap. The Committee notes that the Government provides no wage statistics. Such statistics are essential in order to determine the evolution of the gender wage gap over time, and to be able to analyse the underlying causes. The Committee once again asks the Government to supply statistics on the distribution of men and women in the various occupations in the public and private sectors and their corresponding earnings. The Committee also reiterates its previous requests for information on the underlying causes of the wage differentials previously reported (for example, summaries of any studies, etc.), and on any measures taken to reduce the wage gap.