Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

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

Wage fixing. In response to its request for information on the specific methods used by the Wage-Fixing Committee to establish minimum wages, the Committee notes the Government’s indication that a minimum wage is fixed for unskilled workers based on the criteria set out in section 4 of the Labour Code No. 71, 1987, which provides generally that every worker shall earn a wage that is adequate to meet the essential needs of the worker and the worker’s family, and to enable the worker to benefit from the results of economic progress. Specific factors are then listed that are to be taken into account, including the principle of equal remuneration for the same type and the same quantity of work performed under identical conditions. With respect to skilled workers, the Government indicates that wages depend on the agreement made for a particular occupation and on the employment contract, and will be linked to experience, skills and place of work, etc. The Committee asks the Government to clarify whether the Wage Fixing Committee establishes minimum wages for different sectors or different occupational categories, and if so, to provide specific information on the level of wages that have been set. The Committee also asks the Government for information on how it is ensured that the principle of equal remuneration for men and women for work of equal value is applied in the context of wage setting for skilled workers. Please also provide statistics on the level of wages of men and women in the different branches of activity and occupational categories.

Occupational segregation. The Committee notes from the statistics provided by the Government that of the total number of workers in enterprises that were subject to inspection, 5.6 per cent were women. From the statistics available from the ILO, as well as a statistical analysis published by the United Nations inter-agency information and analysis unit, in 2008, only 17 per cent of Iraqi women participated in the labour force, and of these 23 per cent were unemployed. In 2008, of the women in paid employment, over half were working in the field of education, while others were concentrated in public administration, health and social work, and other community, social and personal service activities. Noting the low level of women’s participation in the labour market and their concentration in a narrow range of sectors, the Committee asks the Government to provide information on any measures taken to increase the participation of women in paid employment, and in a wider range of jobs and sectors, including higher paying jobs.

Enforcement. Noting the information provided by the Government on the inspection process in general, the Committee asks the Government to provide information on any violations of the principle of equal remuneration for men and women for work of equal value that have been detected by or brought to the attention of the labour inspectors, and how such violations have been addressed, including any remedies provided or sanctions imposed. Please also provide information on any court decisions regarding section 4(2) of the Labour Code.