Weekly Rest (Industry) Convention, 1921 (No. 14) - Iraq (Ratification: 1960)

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Article 5 of the Convention. Total or partial exceptions. Compensatory rest. The Committee requests the Government to refer to its latest comments made under Articles 8 and 11 of the Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106).

Article 7. Notices and rosters. The Committee had noted in its previous comment that section 101(1) of the draft new Labour Code, as it read in the text transmitted to the Office in July 2010, contained a relevant provision and required the employer to post in an apparent location at the workplace the internal regulations of the enterprise specifying the working hours and rest periods, provided that a copy was sent to the labour inspection committee. In this connection, the Committee understands that new discussions were initiated in January 2014 before the Parliament in order to adopt the new Labour Code and that they are still ongoing. The Committee therefore requests the Government to continue to provide information on the progress made in connection with the adoption of the new Labour Code and to indicate whether section 101(1) has been maintained in the final text, and to transmit a copy of the new Labour Code once it is adopted.

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

Article 7 of the Convention. Notices and rosters. The Committee recalls its previous comments in which it requested the Government to indicate how effect is given to the requirement for notices to be posted conspicuously in the establishment, or rosters to be drawn in a manner approved by the competent authority, with a view to informing the workers of the days and hours of collective rest applicable to them. The Committee notes that section 101(1) of the draft new Labour Code, as it read in the text transmitted to the Office in July 2010, now contains a relevant provision and requires the employer to post in an apparent location at the workplace the internal regulations of the enterprise specifying the working hours and rest periods provided a copy is sent to the labour inspection committee. Noting that the draft new Labour Code is now being examined by representatives of different ministries, employers’ and workers’ organizations and civil society organizations, the Committee hopes that this provision will be adopted without modification and requests the Government to keep the Office informed of any progress in the process of adoption of the new Labour Code.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Article 5 of the Convention. Total or partial exceptions. Compensatory rest. The Committee requests the Government to refer to its comments made under the Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106).

Article 7. Notices and rosters. The Committee recalls its previous comment in which it noted that neither the Labour Code of 1987 nor the new draft Labour Code provide for the obligation of the employer to make known – by means of notices posted conspicuously in the enterprise or rosters drawn up in accordance with the method approved by the legislation – the days and hours of rest applicable to the employees of the enterprise. In its last report, the Government merely indicates that sample copies of such notices will be transmitted at a later stage. Noting that the draft Labour Code is now before the Parliament for final discussion and adoption, the Committee hopes that the Government will take the necessary steps to ensure that full effect is given to this requirement of the Convention.

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

Article 5 of the Convention. Total or partial exceptions – compensatory rest. The Committee requests the Government to refer to its comments made under the Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106).

Article 7. Notices and rosters. The Committee notes that neither the Labour Code that is currently in force nor the draft Labour Code of 2007, in its current form, establish the requirement for the employer to make known to workers the days and hours of rest by means of notices posted conspicuously in the establishment or a roster drawn up in accordance with the method approved by the legislation or by a regulation, as set out in this Article of the Convention. The Committee therefore requests the Government to specify the manner in which it envisages giving effect to this provision in both law and practice.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

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 reads as follows:

Article 5 of the Convention.  The Committee notes that pursuant to section 4 of the Revolutionary Command Council Order No. 606 of 1980, "[a]n employee who works on a day of weekly rest or on an official holiday shall be compensated with an alternative day of rest or with overtime wages in accordance with section 3(2) of this Order". Section 2 of Revolutionary Command Council Order No. 1119 of 1980 amended section 3(2) of Order No. 606 to provide that "[e]very hour of overtime work performed on a day of weekly rest or on an official holiday shall count as one-and-a-half hours of ordinary work". The Committee requests the Government to indicate what steps have been taken or are contemplated to ensure that, as far as possible, a worker who works on his weekly rest day will be granted a compensatory rest period, regardless of any cash compensation, in accordance with Article 5 of the Convention.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

Article 5 of the Convention. The Committee notes that pursuant to section 4 of the Revolutionary Command Council Order No. 606 of 1980, "(a)n employee who works on a day of weekly rest or on an official holiday shall be compensated with an alternative day of rest or with overtime wages in accordance with section 3(2) of this Order". Section 2 of Revolutionary Command Council Order No. 1119 of 1980 amended section 3(2) of Order No. 606 to provide that "(e)very hour of overtime work performed on a day of weekly rest or on an official holiday shall count as one-and-a-half hours of ordinary work". The Committee requests the Government to indicate what steps have been taken or are contemplated to ensure that, as far as possible, a worker who works on his weekly rest day will be granted a compensatory rest period, regardless of any cash compensation, in accordance with Article 5 of the Convention.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

Further to its previous comments, concerning the provisions of the 1987 Labour Code, the Committee requests the Government to provide further information in its next report on the following points:

1. Article 2 of the Convention. The Committee notes for the first time the indication in the Government's report that the Convention is applied to the public service by virtue of Law No. 110 of 1972 on official holidays which provides that every Friday of the week is considered as an official holiday and Decisions Nos. 606 and 1119 of 1980 which provide for compensatory rest days. It requests the Government to provide a copy of Decision No. 606 and Decision No. 1119 of 1980 with its next report.

2. Article 5 and points III and V of the report form. The Committee notes from the Government's reply to its previous comments that there have been no infractions of section 61 of the 1987 Labour Code which provides either for full remuneration or for the provision of a compensatory day of rest when workers agree to work on a rest day. The Committee requests the Government to communicate, with future reports, statistics, if any, of the number of workers who work on rest days in accordance with the agreement permitted under section 61, and of these the number who are compensated by remuneration and the number granted a compensatory day of rest.

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

The Committee notes that the new Labour Code, Law No. 91 of 1987, covering workers employed in the private, mixed and co-operative sectors, was adopted on 27 July 1987. Under section 60 of the Code, all such workers have a right to one rest day weekly. Section 61 permits, with the agreement of the employee, work during the weekly rest day, on condition that either a premium payment of 100 per cent of wages be made for work on that day, or a compensatory day of rest be provided.

Article 2 of the Convention. The Committee notes that section 151 of the 1987 Labour Code repeals the previous Labour Code, Law No. 151 of 1970, which applied the Convention to all workers, without distinction between public and private sector employment. Given the numbers of industrial workers employed in the public sector, the Committee would be glad if the Government would provide information on the application of the Convention to them.

Article 5. The Committee recalls that this Article requires that provision be made as far as possible for compensatory rest days for persons working on the weekly rest day. Whereas section 67(h) of the 1970 Labour Code duly provided for workers to be granted compensatory rest, the Committee notes that under section 61 of the 1987 Code the employer may with their agreement require them to work on the rest day so long as they receive either overtime pay or a collective compensatory rest day. Please indicate how this provision works in practice, having regard to the requirements of the Convention, and describe the working of labour inspection in this connection (see Part III of the report form).