Demande directe (CEACR) - adoptée 1997, publiée 86ème session CIT (1998)

Convention (n° 146) sur les congés payés annuels (gens de mer), 1976 - Iraq (Ratification: 1985)

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:

Article 2 of the Convention. The Committee notes the Government's reply to its previous comments that Law No. 201 of 1975 applies to all workers on board state-owned marine civil units. The Committee requests the Government to clarify whether the text of section 2 of Law No. 201 should read: seafarers listed in "Schedules Nos. (2) and (3)" instead of "Schedules Nos. (1) and (2)", in order to confirm that the leave provisions in Law No. 201 apply to all seafarers occupying positions listed in schedules 1, 2 and 3. The Committee also would be grateful if the Government would supply a copy of the original Arabic version of Law No. 201 of 1975.

With regard to non-Iraqi nationals employed on board Iraqi-registered vessels, the Committee notes that section 8(1) of Law No. 201 states that an "organization (defined in section 2 of the same Law as any company, administration or civil official or semi-official department possessing or administering or hiring any marine unit)' may employ foreigners according to special contracts made by the board without being bound by the legislative regulations governing the employment of foreigners in Iraq". The Committee recalls that the Convention applies to all persons employed on board seagoing ships registered in the territory. It therefore requests the Government to indicate which legislative provisions apply the Convention to non-Iraqi nationals employed on board Iraqi-registered vessels.

Articles 3 and 4. The Committee notes that the Government's report does not reply to its previous comment. It therefore repeats its request to the Government to indicate what provision under Chapter 7 of Law No. 201, or of any other legislation, ensures a proportionately reduced annual leave.

Article 6. In reply to its previous request concerning this provision of the Convention, the Government again states that Fridays and official holidays are not counted in the minimum annual paid holiday and seafarers who work on these days are given compensatory leave. The Committee reiterates its request to the Government to indicate the specific provisions which apply to seafarers on both privately and publicly owned ships. The Committee must also point out again that Article 6, paragraphs (b) and (c) of the Convention require similar treatment for periods of incapacity for work and temporary shore leave. It therefore repeats its request to the Government to provide full particulars in this regard.

Article 8. With reference to its previous comments on the division and accumulation of annual leave, the Committee notes the Government's indication that in accordance with Law No. 201 of 1975, a seafarer may take his annual leave for an uninterrupted period of 36 days. It requests the Government to clarify which specific provision of Law No. 201 explicitly provides that the annual leave shall consist of an uninterrupted period of 36 days.

Article 10, paragraphs 2 and 3. In its previous comments, the Committee noted that under section 42(3) of Law No. 201, ordinary leave is granted on written application by the seafarer or officer, and will be granted on the date and in the place chosen by the applicant. The Government states in its report that the fact that a seafarer is able to freely request his annual leave means that no provisions exist which require him to take his annual leave without his consent or to spend his annual leave at a place other than the place of engagement or recruitment. The Committee requests the Government to indicate how free transport to the place of engagement or recruitment of the seafarer, subsistence and other costs of return are ensured at the employer's charge. It also requests the Government to provide texts of any relevant terms of collective agreements or formal decisions on these points.

Article 11. The Committee notes that under section 71 of the Labour Code "any agreement under which a worker partially or totally waives his or her right to take annual leave in return for compensation or for any other reason shall be null and void". The Committee recalls that section 8(1) of the Labour Code explicitly provides that "(t)he provisions of this Code apply to all workers employed in the private, mixed and cooperative sectors". It therefore requests the Government to indicate which specific provisions (providing that any agreement to relinquish the right to the minimum leave should be null and void) apply to seafarers employed by publicly owned seagoing ships, which are covered by Act No. 201.

Article 12. The Committee notes that the Office has not received a copy of the service rules referred to in the Government's first report. It therefore would be grateful if the Government would provide a copy of these service rules.