Demande directe (CEACR) - adoptée 2020, publiée 109ème session CIT (2021)

Convention (n° 100) sur l'égalité de rémunération, 1951 - Iran (République islamique d') (Ratification: 1972)

Autre commentaire sur C100

Observation

Demande directe

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The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee proceeded with the examination of the application of the Convention on the basis of the supplementary information received from the Government this year, as well as the information at its disposal in 2019

Articles 1(b) and 2(2)(a). Equal remuneration for work of equal value. Legislation. Scope of application. The Committee recalls its previous comment concerning the lack of application of the labour law to establishments with fewer than five employees and to export processing zones. The Committee takes note of the Law on exemption of workshops and businesses with five and fewer workers from application of the labour law, attached to the Government’s report, and notes that this Law expired automatically at the end of the 3rd Economic, Social and Cultural Development Plan (2000-04). The Committee notes the Government’s indication that since that time the Labour Code has been applied to establishments with fewer than five employees. The Committee also takes due note of the Regulations on Recruitment of Human Resources, Insurance and Social Security in Free Trade-Industrial Zones, 1994, and notes that section 27 of these Regulations provides that, “for doing similar work in similar conditions in a workshop, male and female workers should be paid equally”. The Committee notes this information and refers to its observation regarding the importance of legislation fully reflecting the principle of equal remuneration for work of equal value for men and women, rather than for “equal”, “the same” or “similar work”.

Article 2(2)(b). Minimum wages. The Committee recalls its previous comments in which it expressed its concern at the low level of minimum wages and the extent to which women predominate in minimum wage employment. The Committee notes the Government’s indication that the minimum wage and other wage increments are set at the national level, rather than the regional or sectoral levels. The Committee welcomes the supplementary information provided by the Government according to which in April 2020 the minimum wage and the minimum receivable were increased by 21 per cent and 32 per cent, respectively, in comparison with the previous year. The Government adds that, following a request by workers’ organizations, the High Labour Council approved a new wage Circular in June 2020 in which workers' housing allowance was increased by 200 per cent, bringing the overall increase in the minimum wage to 41.8 per cent. Noting the Government’s indication that such data is not available, the Committee asks the Government to: (i) take the necessary steps to collect statistics on the percentage of women and men who are paid the minimum wage; and (ii) provide information on the level at which the minimum wage is set..

Article 3. Objective job evaluation. The Committee takes note of the extracts of the Public Service Law, 2007, attached to the Government’s report. It notes however that, based on these extracts, it is not able to assess whether the job classification system in the public sector is in line with the principle of the Convention. With regard to job evaluation systems in the private sector, the Committee notes the Government’s indication that all employers with more than 50 employees are required to set up a job classification committee. It takes note of the Guidelines and Duties of Workshop Job Classification Standing Committees, 2011, detailing how such committees are established and their main duties. However, the Committee notes that no information has been provided regarding the method of job classification used by these committees to determine the level of wages paid within the company. In this regard, the Committee recalls that often skills considered to be “female”, such as manual dexterity and those required in the caring professions, are undervalued or even overlooked, in comparison with traditionally “male” skills, such as heavy lifting. For these reasons, the Committee once again asks the Government to provide information on how it is ensured that the job classification systems of both the public and private sectors are free from gender bias and do not undervalue skills and tasks predominantly performed by women. To this end, the Government is requested to provide: (i) examples of the job classification plans prepared under section 6 of the Guidelines and Duties of Workshop Job Classification Standing Committees, 2011; (ii) the Job Evaluation and Classification System, including the four main factors and the 14 sub-factors, approved on 9 August 2010; and (iii) specific information on the application in practice of the uniform payment of salaries under the Public Service Law, 2007. The Committee asks the Government to take the necessary steps to collect information on the distribution of men and women within the classification system, and to provide information as soon as this data is compiled.

Monitoring and enforcement. The Committee notes the information provided by the Government on the number of claims regarding pay discrimination and the number of disputes arising out of the application of the job classification system lodged and dealt with by the labour dispute authorities in 2017. The Committee notes the Government’s statement that information on the number of cases filed based on sex discrimination is not available. In its supplementary information, the Government indicates the number of inspections carried out by the labour inspectorate between 2015 and 2019 (14,040 related to wages and 858 related to job classification in 2019). The Government adds that training is provided to members of job classification committees. The Committee also notes that the Government reiterates its interest in receiving training, in conjunction with the ILO International Training Centre in Turin, for judges at the national level on international labour standards and fundamental labour rights, including this Convention. The Committee notes the information provided on the number and nature of inspections carried out, as well as the claims and disputes filed on pay discrimination in general and the application of the job classification system. In this respect, it notes the Government’s indication that it does not collect wage statistics by sex and its request to receive ILO technical assistance to gain the required expertise to collect such data. In its supplementary information, the Government indicates that a Labour Force Survey has been carried out by the Statistical Centre of Iran and that the results will be forwarded when published. The Committee once again urges the Government to take concrete steps to collect and analyse information on the existing gender pay gap and its underlying causes, and to identify measures that can be taken to reduce this pay gap. It also asks the Government to provide the results of the Labour Force Survey once published and to ensure that wage statistics, disaggregated by sex, for the various sectors and occupations in the public and private sectors, are collected and updated regularly.