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

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

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.

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Articles 1(a) and 2 of the Convention. Equal remuneration for work of equal value. Legislation. With reference to its observation, the Committee observes 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 for all employees in the same profession with the same working conditions, in term of wages”. The Committee would like to draw the Government’s attention to the fact that the concept of “work of equal value” is essential to eliminate pay discrimination, as in practice men and women tend to perform different types of work or occupations. Through the use of objective job evaluation methods, this concept permits the comparison of different jobs or occupations performed by men and women which may involve different types of skills, responsibilities or working conditions, but which are found at the end of the evaluation process to be of equal value globally. For instance, in some countries, the principle has been applied to compare the remuneration received by men and women engaged in different occupations, such as wardens in sheltered accommodation for the elderly (predominantly women) and security guards in office premises (predominantly men); or school meal supervisors (predominantly women) and garden and park supervisors (predominantly men) (see General Survey of 2012 on the fundamental Conventions, paragraphs. 672–675). 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 the employer has to ensure equal remuneration for work of equal value and 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 to align section 41(2)(n) with section 53(5) of the Labour Law, when it is revised.

Articles 2 and 3. Implementation on the principle of “work of equal value”. Objective job evaluation. The Committee would like to point out that the concept of “equal value” requires some method of measuring and comparing the relative value of different jobs. There needs to be an examination of the respective tasks involved, undertaken on the basis of entirely objective and non-discriminatory criteria to avoid the assessment being tainted by gender bias. While the Convention does not prescribe any specific method for such an examination, Article 3 presupposes the use of appropriate techniques for objective job evaluation, comparing factors such as skill, effort, responsibilities and working conditions. Job evaluation is a formal procedure which, through analysing the content of jobs, gives a numerical value to each job. Two jobs that are found to have the same overall numerical value are entitled to equal remuneration. There are different methods of job evaluation. For the purpose of ensuring gender equality in the determination of remuneration, analytical methods of job evaluation have been found to be the most effective. Such methods analyse and classify jobs on the basis of objective factors relating to the jobs to be compared, such as skills/qualifications, effort, responsibilities and working conditions. These factors can then be divided into subfactors, which can ensure that within each factor those aspects typically identified with women are not overlooked. With respect to effort, for example, subfactors should include not only physical, but also mental and emotional effort, and responsibility can be extended beyond financial responsibility and responsibility for material resources to responsibility for people and for human resources (see General Survey of 2012 on the fundamental Conventions, paragraphs 695 and 700). While recognizing the difficult situation in the country, the Committee requests the Government to provide information on the manner in which it is envisaged to implement the principle of “equal remuneration for men and women for work of equal value” set out in section 53(5) of the new Labour Law. 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.

Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

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 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. The Committee notes with satisfaction that section 53(5) of Labour Law No. 37/2015 which entered into force in February 2016, provides for “equal wage for men and women for work of equal value”. The Committee further notes 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” (section 1(14)), in accordance with the Article 1(a) of the Convention. The Committee requests the Government to provide information on the application in practice of section 53(5) of the new Labour Law. It also requests the Government to take steps 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 is raising other matters in a request addressed directly to the Government.

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

Wage fixing. The Committee notes the Government’s indication that the minimum wage which was 120,000 Iraqi dinars (IQD) for unskilled workers pursuant to the Council of Ministers’ Order No. 409 of 2008, as amended by Order No. 154 of 2009, has been increased to IQD250,000 by virtue of Order No. 178 of 2013 in order to adapt to real needs. With respect to skilled workers, the Government indicates that the wage-fixing committee will consider the possibility of examining wages, sector by sector, ensuring that the principle of equal remuneration for men and women for work of equal value is applied in the process of wage setting. The Committee recalls that special attention is needed in the design or adjustment of sectoral minimum wage schemes to ensure that the rates fixed are free from gender bias, and, in particular, that certain skills considered to be “female” are not undervalued (see General Survey on fundamental Conventions, 2012, paragraph 683). The Committee asks the Government to indicate how it is ensured that, in the process of categorizing workers as “skilled” and “unskilled” workers, certain skills considered to be “female” are not undervalued. With regard to skilled workers, the Committee asks the Government to indicate, in the context of examining the wages sector by sector, how it is ensured that the criteria used for the determination of sectoral minimum wages are free from gender bias, and that the principle of equal remuneration for men and women for work of equal value is applied. 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 a statistical analysis published by the United Nations Inter-Agency Information and Analysis Unit that, in 2012, only 14 per cent of Iraqi women participated in the labour force, and of these, 20 per cent were unemployed. In 2012, only 6 per cent of women in paid employment were in the private sector, of which 71 per cent had little or no education and most worked in agriculture. The Committee also notes that the Government has not provided information on the measures taken or envisaged relating to the low level of women’s participation in the labour market and their concentration in a narrow range of sectors. The Committee therefore asks the Government to take concrete steps to increase the participation of women in paid employment, and in a wider range of jobs and sectors, including higher paying jobs, and to provide specific information of the steps taken in this regard.

Parts III and IV of the report form. Enforcement. The Committee notes the Government’s indication that there has been no violation of the principle of equal remuneration for men and women for work of equal value, and that no decision in this regard has been handed down by the courts. The Committee asks the Government to provide information on the measures taken to improve the capacity of judges, labour inspectors, and other officials to detect and address violations of the principle of the Convention, and to raise awareness of workers and employers and their organizations concerning the principle of equal remuneration for men and women for work of equal value. The Committee also asks the Government to continue to provide information on any cases of violations 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.

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

Article 1(b) of the Convention. Equal remuneration for work of equal value. Legislation. The Committee recalls section 4(2) of the Labour Code, which limits equal remuneration to work of the same nature and the same volume performed under identical conditions, therefore being more restrictive than the principle of the Convention. The Committee also recalls that, since 2008, the Government has been referring to a draft Labour Code, and indicating that section 4 of the draft Labour Code provides for equal remuneration for men and women for work of equal value. In its report of March 2012, the Government indicated that the draft was before Parliament awaiting a second reading. In its most recent report, there is no indication given regarding the stage of advancement of the draft. The Committee again draws the Government’s attention to the fact that the concept of “work of equal value” lies at the heart of the fundamental right of equal remuneration for men and women for work of equal value, and the promotion of equality. Due to historical attitudes and stereotypes regarding women’s aspirations, preferences and capabilities, certain jobs are held predominantly or exclusively by women (such as in caring professions) and others by men (such as in construction). Often “female jobs” are undervalued in comparison with work of equal value performed by men when determining wage rates. Therefore, the concept of “work of equal value” is fundamental to tackling occupational sex segregation, which characterizes the Iraqi labour market, as it permits a broad scope of comparison, including, but going beyond, equal remuneration for “the same” or “identical” work, and also encompasses work that is of an entirely different nature, which is nevertheless of equal value (General Survey of 2012 on fundamental Conventions, paragraph 673). The Committee again urges the Government to ensure that in the revision process of the Labour Code, full legislative expression is given to the principle of equal remuneration for men and women for work of equal value, without limiting it to work of the same nature and same volume performed under identical conditions, and ensuring that the principle applies to all workers, whether skilled or unskilled. Please provide specific information on the concrete steps taken and progress made in this regard.

The Committee is raising other points in a request addressed directly to the Government.

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

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.

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

Equal remuneration for work of equal value. Legislation. The Committee recalls its previous comments, drawing the Government’s attention to the need to revise section 4(2) of the Labour Code to give full expression to the principle of equal remuneration between men and women for work of equal value, as the provision limits equal remuneration to work of the same nature and the same volume performed under identical conditions. The Government had previously indicated that section 4 of the draft Labour Code provided for equal remuneration for men and women for work of equal value, and that the draft text would be discussed by the State Consultative Council. The Committee notes that the Government does not refer in its most recent report to any progress made in revising the Labour Code, stating generally that there is no discrimination in work undertaken by men and women, in law or in practice, and that the value of the work is determined by the occupation. The Committee again draws the Government’s attention to the fact that, in applying the principle of the Convention, jobs that are of an entirely different nature must be able to be compared to determine whether the jobs are of equal value. This is particularly important given the occupational sex segregation, which characterizes the Iraqi labour market. The Committee stated in its general observation of 2006 that legal provisions that are narrower than the principle as laid down in the Convention hinder progress in eradicating gender-based pay discrimination against women at work, because they do not give expression to the concept of “work of equal value”. Noting from the Government’s report under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), that the revision of the Labour Code appears to be ongoing, the Committee urges the Government to ensure that in the revision process, full legislative expression is given to the principle of equal remuneration for men and women for work of equal value, without limiting it to work of the same nature and same volume performed under identical conditions, and ensuring that the principle applies to all workers, whether skilled or unskilled. Please provide specific information on the steps taken and progress made in this regard.

The Committee is raising other points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Wage fixing. The Committee notes from the Government’s report that the Wage-Fixing Committee meets periodically and proposes the minimum wage for unskilled workers in the private, mixed and cooperative sectors whereas wages for skilled workers are determined by agreement between the employer and the worker. The Committee asks the Government to provide information on the specific methods used by the Wage-Fixing Committee to establish the minimum wage for the different branches and occupational categories and on the manner in which it is ensured that non-discriminatory criteria are used to determine both minimum wages and wage rates to avoid an assessment being tainted by gender bias.

Statistical information. The Committee notes that the Government will supply the statistical information requested once it is received from the competent authority. The Committee asks the Government to indicate the steps taken by the competent authority to collect and process the requested data on the situation of men and women in employment and hopes that the Government will be soon in a position to supply such data, which are essential for an evaluation of the implementation of the Convention.

Labour inspection. The Committee notes the Government’s indication that no infringements of the principle of equal remuneration for work of equal value have been identified by the tripartite labour inspection committee. The Committee would be grateful if the Government would provide information on the methods used by the tripartite labour inspection committee to supervise the application of the principle of equal remuneration for work of equal value and any information available on the inspections carried out during the reporting period.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

Articles 1 and 2 of the Convention. Principle of equal remuneration for work of equal value. Legislation. For many years, the Committee has been drawing the Government’s attention to the need to revise section 4(2) of the Labour Code to give full expression to the principle of equal remuneration between men and women for work of equal value. The Committee stresses the importance of enshrining this principle in the legislation since wages for skilled workers are determined by agreement between the worker and the employer. The Committee notes the Government’s statement that section 4 of the draft Labour Code provides for equal remuneration for men and women for work of equal value. It further notes that the draft text will be discussed by the State Consultative Council. The Committee asks the Government to continue to provide information on the status of the draft Labour Code and in particular on the progress made with a view to adopting provisions that give full legislative expression to the principle of the Convention. The Committee trusts that the Government will soon be in a position to report progress on the adoption of new provisions on equal remuneration for men and women for work of equal value.

The Committee is raising other points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Wage fixing. The Committee notes from the Government’s report that wages are fixed by a wage-fixing committee comprised of experts in the field and representatives of workers’ and employers’ organizations. The Committee asks the Government to provide information on the activities of the wage-fixing committee and on the manner in which it ensures that wages for the different branches and occupational categories are determined in accordance with the principle of equal remuneration for men and women for work of equal value.

Statistical information. The Committee notes that the Government has not yet provided statistical information on the actual earnings of men and women, as requested on a number of occasions. The Committee asks the Government to make every effort possible to provide such statistical information in its next report, if possible, by industry and occupation. As regards the public sector, the Committee asks the Government to provide information on the number of men and women employed in the different branches of the public service, if possible, by seniority, as well as examples of the applicable wage scales.

Labour inspection. The Committee asks the Government to provide information on any infringements of the principle of equal remuneration for men and women for work of equal value that have been identified and addressed by the tripartite labour inspection committee, referred to in the Government’s report.

Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

Articles 1 and 2 of the Convention. Legislation. The Committee recalls its previous comments concerning section 4(2) of the Labour Code, 1987, which provides that one of the factors that should be taken into account in the determination of wages is the principle of equal remuneration for “work of the same nature and the same volume carried out in identical conditions”. The Committee, over many years, has drawn the Government’s attention to the fact that section 4(2) of the Labour Code is not in conformity with the principle of equal remuneration for men and women for work of equal value, as set out in the Convention. The Convention goes beyond requiring equal remuneration for work of the same nature carried out in identical conditions, because the concept of “work of equal value” includes also work that is of an entirely different nature and work which is carried out in different conditions, but which is nevertheless of equal value. In this regard, the Committee draws the Government’s attention to its 2006 general observation on the Convention which further elaborates on this issue. The Committee asks the Government to bring the legislation into conformity with the Convention. It trusts that the Government will take the necessary measures to include in the draft Labour Code provisions giving full expression to the principle of equal remuneration for men and women for work of equal value.

The Committee is raising other points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. The Committee reiterates the requests that it made in previous comments for recent information to be provided on the application of the Convention in practice, and particularly statistical data on the wage rates and the average actual earnings of men and women in the private, cooperative and mixed sectors disaggregated, if possible, by occupation, sector of activity, seniority and level of qualification, as well as information on the corresponding percentage for women.

2. The Committee recalls that section 4, II, of the Labour Code of 1987 provides for equal remuneration only for "work of the same nature and the same volume carried out in identical conditions", which is inconsistent with Article 1 of the Convention which provides that equal remuneration for men and women workers must apply to all work "of equal value". The Committee notes that the Government indicated previously that equality of remuneration for men and women workers who perform work of equal value, even if it is of a different nature, is applied through the work rules in the establishments that are covered by the Labour Code, and that it maintains in its latest report that equal remuneration for work of equal value applies throughout the private, cooperative and mixed sectors, that the Labour Inspectorate is responsible for ensuring that the law is applied and has reported no infringements in this respect. It again asks the Government to provide copies of these work rules with its next report.

3. The Committee draws the Government’s attention to the fact that section 4 of the Labour Code does not give full effect to the Convention, which provides for equal remuneration for work of equal value. It would therefore be grateful if the Government would indicate the measures it plans to take to amend section 4 so as to bring the labour legislation into conformity with the Convention.

4. With regard to supplementary bonuses and indemnities that are determined as a function of the results of the enterprise and are assigned through agreements negotiated between organizations of employers and workers, the Committee notes the Government’s statement that the bonuses and indemnities are granted without discrimination, as in the public service. It again asks the Government to provide examples of enterprise, corporation or other agreements, as well as statistical tables showing the distribution of bonuses and indemnities by category of worker and between men and women workers in both the public and private sectors, so that it may ascertain that the principle of the Convention is observed in respect of this type of remuneration.

5. The Committee also asks the Government to provide copies of collective agreements fixing wage levels in various sectors of activity, with an indication, if possible, of the percentage of women covered by such agreements and the distribution of men and women at the different levels.

6. With regard to the public service, the Committee notes that, according to the Government, remuneration is equal for men and women with the same skills, who are employed at the same grade and work in the same areas and conditions. It asks the Government to provide with its next report the salary scales applying in the public sector, with an indication of the percentage of men and women employed at the different levels.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes with regret that once again the Government’s report contains no reply to the comments it has been raising since 1996. It hopes that the next report will include full information on the matters raised in its previous direct request, which read in relevant part as follows:

The Committee reiterates the requests that it made in previous comments for recent information to be provided on the application of the Convention in practice, and particularly statistical data on the wage rates and the average actual earnings of men and women in the private, cooperative and mixed sectors disaggregated, if possible, by occupation, sector of activity, seniority and level of qualification, as well as information on the corresponding percentage for women.

The Committee recalls that section 4, II, of the Labour Code of 1987 provides for equal remuneration only for "work of the same nature and the same volume carried out in identical conditions", which is inconsistent with Article 1 of the Convention which provides that equal remuneration for men and women workers must apply to all work "of equal value". The Committee notes that the Government indicated previously that equality of remuneration for men and women workers who perform work of equal value, even if it is of a different nature, is applied through the work rules in the establishments that are covered by the Labour Code, and that it maintains in its latest report that equal remuneration for work of equal value applies throughout the private, cooperative and mixed sectors, that the Labour Inspectorate is responsible for ensuring that the law is applied and has reported no infringements in this respect. It again asks the Government to provide copies of these work rules with its next report.

The Committee draws the Government’s attention to the fact that section 4 of the Labour Code does not give full effect to the Convention, which provides for equal remuneration for work of equal value. It would therefore be grateful if the Government would indicate the measures it plans to take to amend section 4 so as to bring the labour legislation into conformity with the Convention.

With regard to supplementary bonuses and indemnities that are determined as a function of the results of the enterprise and are assigned through agreements negotiated between organizations of employers and workers, the Committee notes the Government’s statement that the bonuses and indemnities are granted without discrimination, as in the public service. It again asks the Government to provide examples of enterprise, corporation or other agreements, as well as statistical tables showing the distribution of bonuses and indemnities by category of worker and between men and women workers in both the public and private sectors, so that it may ascertain that the principle of the Convention is observed in respect of this type of remuneration.

The Committee also asks the Government to provide copies of collective agreements fixing wage levels in various sectors of activity, with an indication, if possible, of the percentage of women covered by such agreements and the distribution of men and women at the different levels.

With regard to the public service, the Committee notes that, according to the Government, remuneration is equal for men and women with the same skills, who are employed at the same grade and work in the same areas and conditions. It asks the Government to provide with its next report the salary scales applying in the public sector, with an indication of the percentage of men and women employed at the different levels.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes that the Government's report does not reply to the matters which it has been raising since its 1996 direct request.

The Committee notes the Government's repeated statement to the effect that the principle set out in the Convention does not raise any difficulty in either the public or the private sector. It wishes to draw the Government's attention to paragraph 253 of its 1986 General Survey on equal remuneration, in which it emphasized that, by its nature, by the way in which it develops, and as a result of the equivocal character of discrimination with regard to remuneration, the application of the principle will necessarily unearth difficulties. It is for this reason that it is necessary for the Committee to be provided with precise and practical information enabling it to assess the manner in which the Convention is applied in practice. It therefore reiterates the requests that it made in previous comments for recent information to be provided on the application of the Convention in practice, and particularly statistical data on the wage rates and the average actual earnings of men and women in the private, cooperative and mixed sectors disaggregated, if possible, by occupation, sector of activity, seniority and level of qualification, as well as information on the corresponding percentage for women. It also hopes that the Government's next report will contain the information requested in its previous direct requests, which read as follows:

1. The Committee recalls that section 4, II, of the Labour Code of 1987 provides for equal remuneration only for "work of the same nature and the same volume carried out in identical conditions", which is inconsistent with Article 1 of the Convention which provides that equal remuneration for men and women workers must apply to all work "of equal value". The Committee notes that the Government indicated previously that equality of remuneration for men and women workers who perform work of equal value, even if it is of a different nature, is applied through the work rules in the establishments that are covered by the Labour Code, and that it maintains in its latest report that equal remuneration for work of equal value applies throughout the private, cooperative and mixed sectors, that the Labour Inspectorate is responsible for ensuring that the law is applied and has reported no infringements in this respect. It again asks the Government to provide copies of these work rules with its next report.

The Committee draws the Government's attention to the fact that section 4 of the Labour Code does not give full effect to the Convention, which provides for equal remuneration for work of equal value. It would therefore be grateful if the Government would indicate the measures it plans to take to amend section 4 so as to bring the labour legislation into conformity with the Convention.

2. With regard to supplementary bonuses and indemnities that are determined as a function of the results of the enterprise and are assigned through agreements negotiated between organizations of employers and workers, the Committee notes the Government's statement that the bonuses and indemnities are granted without discrimination, as in the public service. It again asks the Government to provide examples of enterprise, corporation or other agreements, as well as statistical tables showing the distribution of bonuses and indemnities by category of worker and between men and women workers in both the public and private sectors, so that it may ascertain that the principle of the Convention is observed in respect of this type of remuneration.

The Committee also asks the Government to provide copies of collective agreements fixing wage levels in various sectors of activity, with an indication, if possible, of the percentage of women covered by such agreements and the distribution of men and women at the different levels.

3. With regard to the public service, the Committee notes that, according to the Government, remuneration is equal for men and women with the same skills, who are employed at the same grade and work in the same areas and conditions. It asks the Government to provide with its next report the salary scales applying in the public sector, with an indication of the percentage of men and women employed at the different levels.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes with regret that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes that the Government's report contains no reply to previous comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

1. The Committee recalls that section 4, II of the Labour Code of 1987 provides for equal remuneration only for "work of the same nature and the same volume carried out in identical conditions", which is inconsistent with Article 1 of the Convention which provides that equal remuneration for men and women workers must apply to all work "of equal value". The Committee notes that the Government indicated previously that equality of remuneration for men and women workers who perform work of equal value, even if it is of a different nature, is applied through the work rules in the establishments that are covered by the Labour Code, and that it maintains in its latest report that equal remuneration for work of equal value applies throughout the private, cooperative and mixed sectors, that the Labour Inspectorate is responsible for ensuring that the law is applied and has reported no infringements in this respect. It again asks the Government to provide copies of these work rules with its next report.

The Committee draws the Government's attention to the fact that section 4 of the Labour Code does not give full effect to the Convention which provides for equal remuneration for work of equal value. It would therefore be grateful if the Government would indicate the measures it plans to take to amend section 4 so as to bring labour legislation into conformity with the Convention.

2. With regard to supplementary bonuses and indemnities that are determined as a function of the results of the enterprise and are assigned through agreements negotiated between organizations of employers and workers, the Committee notes the Government's statement that the bonuses and indemnities are granted without discrimination, as in the public service. It again asks the Government to provide examples of enterprise, corporation or other agreements, as well as statistical tables showing the distribution of bonuses and indemnities by category of worker and between men and women workers in both public and private sectors, so that it may ascertain that the principle of the Convention is observed in respect of this type of remuneration.

The Committee also asks the Government to provide copies of collective agreements fixing wage levels in various sectors of activity, with an indication, if possible, of the percentage of women covered by such agreements and the distribution of men and women at the different levels.

3. With regard to the public service, the Committee notes that, according to the Government, remuneration is equal for men and women with the same skills, who are employed at the same grade and work in the same areas and conditions. It asks the Government to provide with its next report the salary scales applying in the public sector, with an indication of the percentage of men and women employed at different levels.

4. The Committee also asks the Government to provide recent information on the practical effect given to the Convention, particularly statistical data on the minimum or basic wage rates and the average actual earnings of men and women in the private, cooperative and mixed sectors broken down, if possible, by occupation, sector of activity, seniority and level of qualification and on the corresponding percentage of women.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes that the Government's report contains no reply to previous comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

1. The Committee recalls that section 4, II of the Labour Code of 1987 provides for equal remuneration only for "work of the same nature and the same volume carried out in identical conditions", which is inconsistent with Article 1 of the Convention which provides that equal remuneration for men and women workers must apply to all work "of equal value". The Committee notes that the Government indicated previously that equality of remuneration for men and women workers who perform work of equal value, even if it is of a different nature, is applied through the work rules in the establishments that are covered by the Labour Code, and that it maintains in its latest report that equal remuneration for work of equal value applies throughout the private, cooperative and mixed sectors, that the Labour Inspectorate is responsible for ensuring that the law is applied and has reported no infringements in this respect. It again asks the Government to provide copies of these work rules with its next report.

The Committee draws the Government's attention to the fact that section 4 of the Labour Code does not give full effect to the Convention which provides for equal remuneration for work of equal value. It would therefore be grateful if the Government would indicate the measures it plans to take to amend section 4 so as to bring labour legislation into conformity with the Convention.

2. With regard to supplementary bonuses and indemnities that are determined as a function of the results of the enterprise and are assigned through agreements negotiated between organizations of employers and workers, the Committee notes the Government's statement that the bonuses and indemnities are granted without discrimination, as in the public service. It again asks the Government to provide examples of enterprise, corporation or other agreements, as well as statistical tables showing the distribution of bonuses and indemnities by category of worker and between men and women workers in both public and private sectors, so that it may ascertain that the principle of the Convention is observed in respect of this type of remuneration.

The Committee also asks the Government to provide copies of collective agreements fixing wage levels in various sectors of activity, with an indication, if possible, of the percentage of women covered by such agreements and the distribution of men and women at the different levels.

3. With regard to the public service, the Committee notes that, according to the Government, remuneration is equal for men and women with the same skills, who are employed at the same grade and work in the same areas and conditions. It asks the Government to provide with its next report the salary scales applying in the public sector, with an indication of the percentage of men and women employed at different levels.

4. The Committee also asks the Government to provide recent information on the practical effect given to the Convention, particularly statistical data on the minimum or basic wage rates and the average actual earnings of men and women in the private, cooperative and mixed sectors broken down, if possible, by occupation, sector of activity, seniority and level of qualification and on the corresponding percentage of women.

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. The Committee recalls that section 4, II of the Labour Code of 1987 provides for equal remuneration only for "work of the same nature and the same volume carried out in identical conditions", which is inconsistent with Article 1 of the Convention which provides that equal remuneration for men and women workers must apply to all work "of equal value". The Committee notes that the Government indicated previously that equality of remuneration for men and women workers who perform work of equal value, even if it is of a different nature, is applied through the work rules in the establishments that are covered by the Labour Code, and that it maintains in its latest report that equal remuneration for work of equal value applies throughout the private, cooperative and mixed sectors, that the Labour Inspectorate is responsible for ensuring that the law is applied and has reported no infringements in this respect. It again asks the Government to provide copies of these work rules with its next report.

The Committee draws the Government's attention to the fact that section 4 of the Labour Code does not give full effect to the Convention which provides for equal remuneration for work of equal value. It would therefore be grateful if the Government would indicate the measures it plans to take to amend section 4 so as to bring labour legislation into conformity with the Convention.

2. With regard to supplementary bonuses and indemnities that are determined as a function of the results of the enterprise and are assigned through agreements negotiated between organizations of employers and workers, the Committee notes the Government's statement that the bonuses and indemnities are granted without discrimination, as in the public service. It again asks the Government to provide examples of enterprise, corporation or other agreements, as well as statistical tables showing the distribution of bonuses and indemnities by category of worker and between men and women workers in both public and private sectors, so that it may ascertain that the principle of the Convention is observed in respect of this type of remuneration.

The Committee also asks the Government to provide copies of collective agreements fixing wage levels in various sectors of activity, with an indication, if possible, of the percentage of women covered by such agreements and the distribution of men and women at the different levels.

3. With regard to the public service, the Committee notes that, according to the Government, remuneration is equal for men and women with the same skills, who are employed at the same grade and work in the same areas and conditions. It asks the Government to provide with its next report the salary scales applying in the public sector, with an indication of the percentage of men and women employed at different levels.

4. The Committee also asks the Government to provide recent information on the practical effect given to the Convention, particularly statistical data on the minimum or basic wage rates and the average actual earnings of men and women in the private, cooperative and mixed sectors broken down, if possible, by occupation, sector of activity, seniority and level of qualification and on the corresponding percentage of women.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes the Government's report and the information provided in reply to its previous direct request.

1. The Committee recalls that section 4, II of the Labour Code of 1987 provides for equal remuneration only for "work of the same nature and the same volume carried out in identical conditions", which is inconsistent with Article 1 of the Convention which provides that equal remuneration for men and women workers must apply to all work "of equal value". The Committee notes that the Government indicated previously that equality of remuneration for men and women workers who perform work of equal value, even if it is of a different nature, is applied through the work rules in the establishments that are covered by the Labour Code, and that it maintains in its latest report that equal remuneration for work of equal value applies throughout the private, cooperative and mixed sectors, that the Labour Inspectorate is responsible for ensuring that the law is applied and has reported no infringements in this respect. It again asks the Government to provide copies of these work rules with its next report.

The Committee draws the Government's attention to the fact that section 4 of the Labour Code does not give full effect to the Convention which provides for equal remuneration for work of equal value. It would therefore be grateful if the Government would indicate the measures it plans to take to amend section 4 so as to bring labour legislation into conformity with the Convention.

2. With regard to supplementary bonuses and indemnities that are determined as a function of the results of the enterprise and are assigned through agreements negotiated between organizations of employers and workers, the Committee notes the Government's statement that the bonuses and indemnities are granted without discrimination, as in the public service. It again asks the Government to provide examples of enterprise, corporation or other agreements, as well as statistical tables showing the distribution of bonuses and indemnities by category of worker and between men and women workers in both public and private sectors, so that it may ascertain that the principle of the Convention is observed in respect of this type of remuneration.

The Committee also asks the Government to provide copies of collective agreements fixing wage levels in various sectors of activity, with an indication, if possible, of the percentage of women covered by such agreements and the distribution of men and women at the different levels.

3. With regard to the public service, the Commission notes that, according to the Government, remuneration is equal for men and women with the same skills, who are employed at the same grade and work in the same areas and conditions. It asks the Government to provide with its next report the salary scales applying in the public sector, with an indication of the percentage of men and women employed at different levels.

4. The Committee also asks the Government to provide recent information on the practical effect given to the Convention, particularly statistical data on the minimum or basic wage rates and the average actual earnings of men and women in the private, cooperative and mixed sectors broken down, if possible, by occupation, sector of activity, seniority and level of qualification and on the corresponding percentage of women.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee notes the Government's report.

1. In its direct request of 1988, the Committee pointed out that section 4(II) of the Labour Code of 1987 provides for equal remuneration only for "work of the same nature and same volume carried out in identical conditions", whereas under the terms of the Convention, equal remuneration shall apply to all work "of equal value". The Committee notes, according to the Government's last report, that equality of remuneration for men and women workers who perform work of equal value, even if it is of a different nature, is applied through the work rules in the establishments that are covered by the Labour Code. It requests the Government to supply copies of these work rules in its next report.

2. With regard to bonuses and indemnities that are supplementary to wages, the Committee notes the Government's statement to the effect that they are determined as a function of the results of the enterprise and that they are assigned through agreements negotiated between organisations of employers and workers. The Committee would be grateful if the Government would supply copies of such agreements at the enterprise, corporation or other levels, as well as tables showing the distribution of bonuses and indemnities by category of worker and between men and women workers.

3. The Committee also notes that it does not have at its disposal recent information enabling it to assess the manner in which the principle of equal remuneration, as set out in the legislation, is applied in practice. It would therefore be grateful if the Government would supply in its next report:

(i) salary scales applicable in the public service, indicating the distribution of men and women at the various levels;

(ii) the text of collective or other agreements fixing wage levels in various sectors, indicating if possible the percentage of women covered by these collective agreements and the distribution of men and women at the various levels;

(iii) statistical data on wage rates and average earnings of men and women, if possible by occupation, branch of activity, seniority and skill level, as well as information on the corresponding percentage of women.

4. Furthermore, the Committee requests the Government to supply information on the measures that have been taken to supervise the application of legal provisions relating to equal wages and, in particular, on the activities of the labour inspection services (infringements noted and sanctions imposed) and on decisions handed down by the courts.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee notes the information supplied in the Government's report and the documentation annexed thereto.

1. Further to its previous comment, the Committee notes that Decision No. 41 of January 1988 fixed the minimum and maximum salary limits for a prescribed list of jobs in the State and socialist sector (including the building, agriculture and irrigation, oil, transport, communications, printing, commerce and maintenance sectors) which were, by virtue of Decision No. 150 of 1987, brought under the conditions of service of public employees (covered by Act No. 24 of 1960). The Committee notes with interest that Decision No. 41 also requires the relevant ministries and those services not attached to ministries to adopt the prescribed job descriptions and set salaries in accordance with the limits fixed (or in the case of the ministries of industry and heavy industry to classify posts and set salaries in line with the instructions concerning job evaluation); and specifies the criteria to be used for assessing the salary levels of the officials concerned.

2. While noting that, pursuant to the Constitution and the Labour Code (No. 71 of 1987), the same salary is paid to men and women without discrimination for the same work or for work of equal value, the Committee would request the Government to provide more specific indications on the practical means by which the principle of the Convention is applied when men and women carry out work of equal value but of a different nature in those sectors of employment covered by the Labour Code.

3. Further to its previous comment, the Committee would be grateful if the Government would indicate the measures taken or contemplated to ensure that any bonuses and indemnities which fall outside the scope of Article 43 of the Labour Code (viz. those of a temporary or special nature not provided for by law or in contracts) are paid or awarded in accordance with the principle of equal remuneration.