Direct Request (CEACR) - adopted 2024, published 113rd ILC session (2025)

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

The Committee notes that the Government’s report contains no information in response to most of its previous comments. In this regard, the Committee recalls that Governments are under the duty to provide information on the application of ratified ILO Conventions in law and in practice. It is on the grounds of that information, that the Committee fulfils its duties of assessment of the effective implementation of the ratified Conventions. Therefore, the Committee encourages the Government to submit a more exhaustive subsequent report which contains information replying to the matters raised below.

Articles 1(a) and (b) and 2 of the Convention. Definition of remuneration. Equal remuneration for work of equal value. Legislation. The Committee notes that the Government in its report describes the existing legal framework but does not provide information on the application in practice of section 53(5) of Labour Law No. 37/2015 which provides for “equal wage for men and women for work of equal « value »”. The Committee recalls that it had considered 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 and suggested aligning section 41(2)(n) with section 53(5) of the Labour Law when it is revised. 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 also reiterates its request to 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 4. Minimum Wage. The Government indicates that, every two years, the Committee on the Minimum Wage (CMW) of a non-skilled worker (which includes the Director-General of the Labour and Vocational Training, the Director-General of the Workers’ Pension and Social Security Department, and representatives of workers and employers. Additionally, two experts specialized in various aspects of wage policies are also part of the CMW) make recommendations to the Minister of Labour for the setting of the new minimum wage based on a number of criteria listed in section 63(3) of the Labour Law: (1) the needs of workers and their families; (2) the general level of wages in the State; (3) living expenses and the developments that occur thereto; and (4) the economic factors (including the requirements of economic development, the level of productivity and the desire to achieve and maintain a high level of employment)). The Committee observes that among the criteria to be considered when setting the minimum wage, the principle of equal pay between women and men is not mentioned. The Committee thus asks the Government the measures taken to ensure that the minimum wage rate is established without gender biasand in particular that certain skills considered to be “female” are not undervalued (see General Survey of 2012 on Fundamental Conventions, paragraph 683). Please also indicate how the application of the principle of the Convention is ensured for categories of workers excluded from the application of the minimum wage, in particular female-dominated sectors (e.g. domestic workers) or industries.

Article 4. Objective job evaluation. In the absence of any information in this regard, 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.While recognizing the difficult situation in the country, 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.