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

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

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.