Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

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

Iraq (ratification: 1959)

Articles 1(a) and (b) and 2 of the Convention. Definition of remuneration. Equal remuneration for work of equal value. Legislation.  In its previous comments, the Committee: (1) pointed out that section 4(2) of the Labour Code of 1987, which limited equal remuneration to work of the same nature and the same volume performed under identical conditions, was more restrictive than the principle of equal remuneration for work of equal value set out in the Convention; (2) welcomed the adoption of section 53(5) of Labour Law No. 37/2015, which provides for “equal wage for men and women for work of equal value”; and (3) noted that the term “wage” is defined as “any amount or benefit due to the worker in return for any work performed, including all allowances and wages due for overtime”, in accordance with the Article 1(a) of the Convention. Consequently, the Committee requested the Government to provide information on the application in practice of section 53(5) of the new Labour Law. The Committee notes the Government’s statement in its report that the provisions of the Convention are duly applied in practice. In the absence of any information on the practical application of this new provision, the Committee reiterates its request for information on the application in practice of section 53(5) of Labour Law No. 37/2015, including the steps taken or envisaged to raise awareness of the concept of equal remuneration for work of equal value among workers, employers and their respective organizations, as well as enforcement officials and the general public.

The Committee recalls that it also observed that whereas the principle of equal wage for work of equal value is set out in section 53(5) of Labour Law No. 37/2015, section 41(2)(n) refers to the obligation of the employer to ensure equal treatment in terms of wages for all employees in the same profession with the same working conditions. The Committee considers that the reference to “the same profession with the same working conditions” in section 41(2)(n) of the Labour Law may create confusion since, under the terms of the Convention, the employer is required to ensure equal remuneration for work of equal value, not only for the same occupation in the same working conditions.  In light of the above, the Committee asks the Government to envisage the possibility of aligning section 41(2)(n) with section 53(5) of the Labour Law when it is revised.

Articles 2 and 3. Implementation of the principle of equal remuneration for work of equal value. Objective job evaluation.  In the absence of any information in this regard, and while recognizing the difficult situation in the country, the Committee encourages the Government to develop an objective job evaluation method with a view to facilitating the implementation of the principle of the Convention.

Statistics.  The Committee requests the Government to provide any recent statistical information available indicating the level of participation of men and women in the various occupations and sectors of activity in the private and public sectors and, in so far as possible, their corresponding earnings.