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

Hours of Work and Rest Periods (Road Transport) Convention, 1979 (No. 153) - Iraq (Ratification: 1985)

The Committee notes the Government's report, which replies to the Committee's previous direct requests. The Committee would be grateful if the Government, in its forthcoming report to the Committee, would supply further information on the following:

Articles 1 and 2 of the Convention. According to the Government's report, wage-earning drivers working for the State are subject to the law and regulations governing public service. The Committee would like again to request whether certain persons who drive vehicles in the sectors of transport enumerated at Article 2, paragraph 1, points (a) through (f), are excluded from the application of the Convention, as permitted by this Article. Please also indicate whether adequate standards concerning driving time and rest periods of drivers so excluded, if any, have been established.

Article 3. The Committee had requested the Government to supply more detailed information on consultations which were held with representatives of organisations of employers and workers regarding the decisions taken on matters covered by the provisions of the Convention. The Committee notes that the Government, in its report, has noted generally that consultations are held between representatives of governments and organisations of employers and workers on all questions which concern labour and workers. In this connection, the Committee would request the Government to provide detailed information on the nature of these consultations and their results, as well as to indicate to which organisations copies of the Government's report on the Convention were transmitted.

Article 6, paragraph 1. In its previous request, the Committee noted that section 63(2)(b) of the Labour Code authorises up to four hours of overtime per day which, in practice, could permit the working of a 12-hour day, in contravention of the prescriptions of the Convention. In its present report, the Government refers the Committee to the Labour Code, from which derogations are permissible for those exceptional cases provided for under article 63. The report of the Government also states that practical and administrative measures concerning the work of drivers ensure that the workday does not exceed nine hours.

In this connection, the Committee notes that article 71 of the Labour Code concerns the effect of an agreement between employer and worker under which the worker renounces, in whole or in part, his or her right to annual leave. The Committee, therefore, again would request the Government to clarify the situation as regards the legal and practical application of this provision of the Convention, including a description of the aforementioned practical and administrative measures and their relationship to article 71 of the Labour Code.

Article 10, paragraphs 1, 2 and 3. The Committee notes that, according to the report of the Government, commissions of inspection conduct on-site visits to verify the application of the Labour Code. In this connection, the Committee again would request the Government to indicate the measures which have been taken to give effect to this provision of the Convention, among other things, by providing a specimen copy of the individual control book and, as appropriate, of the record maintained by the employer of the hours of work and rest periods.

Article 12. The Committee notes that, according to the report of the Government, instructions established under the provisions of the Labour Code, Title V (Hours of Work and Rest Periods), chapter one (Hours of Work) and chapter two (Rest Periods), and Title VI (Protection of Work and Workers), chapter five (Inspection of Work) and directives addressed to the commissions of inspection, ensure the application of this provision of the Convention.

In this connection, the Committee would request the Government to provide detailed information on which instructions, provisions and regulations have been issued in application of the Labour Code or taken to give effect to the provisions of the Convention. The Committee also would request the Government to supply copies of the same.

Point IV of the report form. The Committee again would request the Government to supply it with general information on the manner in which the Convention is applied including, among other things, extracts from the reports of the inspection services.