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

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

Scope of application. The Committee notes the concerns raised by the UN Committee on Economic, Social and Cultural Rights (CESCR), in its concluding observations of 10 June 2013, that the labour laws do not apply to workplaces with fewer than five workers or in export processing zones, thus resulting in approximately 700,000 workers being excluded from its application (E/C.12/IRN/CO/2, paragraph 13). The Committee recalls that there are no exclusions permitted under the Convention, and that the right to equal remuneration for men and women for work of equal value should apply to all workers, including those in export processing zones, and regardless of the size of the enterprise (see General survey on fundamental Conventions, 2012, paragraph 658). The Committee asks the Government to provide detailed information on how the right to equal remuneration for men and women for work of equal value is ensured, in law and practice, for workers in small enterprises and those working in export processing zones.

Article 2 of the Convention. Minimum wages. The Committee notes the concerns raised by the CESCR, regarding the low level of the minimum wage announced by the Supreme Labour Council (ibid., paragraph 14). The Committee recalls that minimum wages are an important means by which the Convention can be applied. As women predominate in low-wage employment, the minimum wage can be important in reducing the gender pay gap; though if it is set at a very low level, it could have the opposite effect. The Committee asks the Government to take steps to ensure that the minimum wage setting process addresses the need to promote equal remuneration for men and women for work of equal value, and to provide information on the concrete steps taken in this regard. Please provide information on how the minimum wage is established, and up to date information on the minimum wage rate, including its relationship to the median hourly earnings.

Article 3. Objective job evaluation. The Committee notes the Government’s indication that job classification in the units subject to the Labour Code is based on the score method, and that the main factors in evaluation and classification systems include skills, responsibilities, effort and working conditions, which are then divided into fourteen secondary factors including education, experience, supervision, intellectual and physical effort, etc. The Government also refers to job classification committees, which include staff representatives. The Committee asks the Government to indicate which workers or specific sectors are covered by the new job classification system, and the distribution of men and women at the various classification levels. The Committee also asks the Government to provide specific information regarding the job classification committees, including their mandate and how they function in practice. Please also provide a copy of the job classification system, as well as of the Public Service Law, 2007, and the Uniform Payment System for governmental staff, which was not attached to the Government’s report.

Article 4. Cooperation with employers’ and workers’ organizations. The Committee notes the Government’s indication that the tripartite Supreme Labour Council determines remuneration policy. The Committee asks the Government to provide information on the specific measures taken in cooperation with the employers’ and workers’ organizations, including in the context of the Supreme Labour Council, to promote and ensure equal remuneration for men and women for work of equal value, and the results thereof.

Parts III and IV of the report form. Monitoring and enforcement. Noting the Government’s general indication that violations of section 38 of the Labour Code are addressed by the courts, the Committee asks the Government to provide detailed information on the nature and number of cases that have been addressed by the courts or the labour inspectors, the remedies provided and any sanctions imposed. Please also provide information on any steps taken to increase the capacity of judges, labour inspectors and other officials to identify and address unequal remuneration.

Part V. Statistics. The Committee notes the Government’s indication that wage statistics, disaggregated by sex are available; however, the statistics then provided primarily date from 1992 and do not indicate wage levels. The Committee recalls the importance of the collection and analysis of statistics, in order to be able to identify and address the gender pay gap and unequal remuneration, and to determine the practical impact of measures being taken. The Committee again asks the Government to provide statistics on the distribution of men and women respectively, in the various sectors and occupations, and the corresponding wages. Please also indicate any steps taken to analyze the gender pay gap and its underlying causes.