Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

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

Article 1(a) of the Convention. Definition of remuneration. The Committee recalls that the definition of “wage” set out in section 1 of the new Labour Law 2010, while including “any cash or in-kind remuneration given to workers in return for their work, in addition to any and all allowances ...” specifically excludes travel allowances and daily expenses incurred by workers in the course of work. The Committee further notes that no definition is given of the term “pay” referred to in section 75(a) of 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 once again requests 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 requests 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 section 5(a) of the Labour Law excludes certain groups of workers from the scope of protection of the Law, 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; and hence from the protection of section 75 of the Law. The Committee requests the Government to indicate how the principle of equal remuneration for 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 requests 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.

Occupational segregation. The Committee previously noted the persisting occupational segregation (Central Bureau of Statistics (2008 statistics)) and notes the absence of relevant up-to date statistics, disaggregated by sex, showing the evolution in this respect. Recalling that gender stereotypes and occupational segregation, in particular, continue to be major underlying issues affecting the application of Convention No. 100, the Committee requests the Government to make every effort to collect and provide available up-to-date 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. The Committee further requests the Government to provide information on any measures taken to improve women’s access to better-paid occupations, including for women working in the “special occupations for women” (handicrafts, textiles, etc.).