Demande directe (CEACR) - adoptée 2011, publiée 101ème session CIT (2012)

Convention (n° 81) sur l'inspection du travail, 1947 - Iraq (Ratification: 1951)

The Committee notes the Government’s report received by the ILO on 8 September 2010.

With reference to the Government’s previous report, in which it indicated that the draft Labour Code was under examination and would be adopted within a reasonable period, the Committee hopes that the draft Labour Code will be adopted in the very near future and that a copy will be provided to the ILO once it has been adopted.

Articles 2, 10 and 16 of the Convention. Scope, resources and coverage of the labour inspection system. The Government refers to the Labour Code, which establishes the requirement for employers to maintain registers of workers (their wages, leave, accidents and labour inspections), as well as the Guideline No. 20 of 1987 on the fields to be covered by the annual labour inspection report, of which a copy was provided, but is not however complete. Nevertheless, the register referred to by the Committee in its previous comments covers industrial and commercial workplaces in which salaried employees are engaged, which the inspection services have to establish and keep up to date with a view to discharging the eminently important socio-economic mission entrusted to them under the present Convention. This provides a basis for determining the inspection personnel and the necessary resources, transport facilities and budgetary allocations. The Committee once again requests the Government to take the necessary measures to establish and keep up to date a register of industrial and commercial workplaces liable to inspection, including information on their geographical distribution, the number of men and women workers employed and the activities carried out therein, and to keep the ILO informed of any progress in this respect. It would also be grateful if the Government would provide a copy of the full text of Guideline No. 20 of 1987, referred to above.

Article 3. Functions of the labour inspection system. The Committee notes the information provided by the Government. In its previous report, the Government indicated that labour inspectors exclusively entrusted with inspection duties are also assigned other functions outside labour inspection. The Committee recalls in its 2006 General Survey, paragraph 69, in which it emphasizes that the primary duties of inspectors are complex and require time, resources, training and considerable freedom of action and movement, which is why the Convention contains identical provisions stipulating that any further duties which may be entrusted to labour inspectors shall not be such as to interfere with the effective discharge of their primary duties or to prejudice in any way the authority and impartiality which are necessary to inspectors in their relations with employers and workers (Article 3(2) of Convention No. 81, and Article 6(3) of Convention No. 129). The Committee requests the Government to indicate the other functions entrusted to labour inspectors and the measures adopted to ensure that these functions are not such as to interfere with the exercise of their primary duties or to prejudice in any way the authority and impartiality which are necessary to inspectors in their relations with employers and workers. It hopes that the Government will provide detailed information in its next report on these points which will enable the Committee to assess the extent to which Article 3 is applied in both law and practice.

Article 5(a). Cooperation between the labour inspectorate and other public bodies. The Government indicates that coordination and collaboration exist between all bodies related to the inspectorate and the application of the Labour Code, including the Department of Workers’ Pensions and Social Security, the Department of Occupational Safety and Health, the Department of Labour and Vocational Training and the Employment Service, as well as health care and human environment bodies. The Committee requests the Government to provide details in its next report on the operation of such cooperation, illustrated, where possible, with practical examples.

Articles 5(b) and 12. Cooperation between the labour inspectorate and employers’ and workers’ organizations. The Committee notes the information provided by the Government in its report. In its previous comments, the Committee recalled the provisions of section 116(2) of the Labour Code that is currently in force, which provides for the implementation of labour inspection by tripartite committees chaired by a labour inspector. It observed that under the terms of these provisions, under conditions of necessity or urgency, an inspection may be made by the inspector only with the authorization of her or his immediate superior. The Committee refers to the Government’s previous report in which it indicated that the draft Labour Code was under examination with various actors to bring it into the greatest compatibility possible with ratified Conventions. The Committee hopes that this examination will take into account the provisions of the Convention relating to this point and that, in accordance with Article 12(1)(a) of the Convention, labour inspectors will be authorized to enter freely, that is without being required to obtain specific prior authorization from the higher authority, any premises liable to inspection. It would be grateful if the Government would also ensure that the other powers of investigation and control entrusted to the inspection committees by section 117(1)(c)–(f) and (2)(d) of the Labour Code are also explicitly conferred upon each labour inspector, within the meaning of the Convention, in the new Labour Code that is being prepared.

Article 6 and 7. Status, qualifications and training of labour inspection staff. The Government indicates that inspectors are public employees and in that capacity enjoy the same privileges as other public servants. The Committee once again hopes that the Government will provide information in its next report on the level of remuneration of labour inspectors in comparison with that of other officials with similar responsibilities. It once again requests the Government to indicate whether aptitudes other than the level of education are required from men and women candidates for the profession of inspector and, if so, to indicate which aptitudes.

Articles 10 and 16. The Committee notes that the number of inspectors was 52, according to the Government’s report for 2002, and 39 in the Baghdad governorate, according to the Government’s most recent report which, however, does not provide information on the number of inspectors in other governorates. The Committee would be grateful if the Government would indicate the number of inspection personnel, and provide information of a general nature on the number of inspectors in the various categories, and on the measures taken to ensure that workplaces are inspected as often and as thoroughly as is necessary.

Article 11. Transport and other facilities necessary for the performance of inspection duties. The Government indicates that the Department provides transport facilities to inspectors, in accordance with section 116 of the Labour Code of 1987, which refers to international Conventions in this respect. The Committee observes that neither this section, nor the other sections relating to labour inspection contained in the Labour Code, as amended by Act No. 17 of 2000, contain provisions concerning the allocation of transport facilities to inspectors. It also observes that the reference to international Conventions indicated by the Government comes under the general heading of reasons for amendment, and does not specifically relate to labour inspection. With reference to its previous comments, the Committee hopes that the Government will provide with its next report a copy of any text governing the reimbursement of any costs and expenses necessary for the performance of inspection duties and will describe the procedure to be followed by inspectors to obtain the facilities and subsidies necessary for their professional travel, as well as, where appropriate, the reimbursement of the expenses that they may have incurred for that purpose. The Government is also once again requested to indicate the distribution of the vehicles made available to labour inspectors for their inspection visits, and to describe the procedure for obtaining a vehicle for this purpose.

Articles 13 and 17. Powers of labour inspectors to issue orders to eliminate risks to workers’ safety and health and to prosecute persons committing violations. The Government indicates that safety and health provisions are one of the principal functions of the labour inspection services, which are exercised in accordance with international Conventions, the Labour Code and the Instructions on safety and health No. 22 of 1987. With reference to its previous comments, the Committee wishes to remind the Government once again that Article 13 of the Convention is intended to empower inspectors to make or have made orders to remove a risk to the health or safety of workers, such measures not being intended as a penalty, but to fulfil a preventive role. This provision should be distinguished from Article 17, which defines the various means of action that should be available to inspectors to ensure the application of the legal provisions relating to conditions of work in general, based on the nature and seriousness of the violation, or the general attitude of the employer with regard to her or his obligations, to have the discretion to decide whether to give warnings and advice, or to institute or recommend proceedings. The Committee also noted in its previous comments that the authority of labour inspectors appears to be weakened by the procedure applicable in respect of action pursuant to violations of the labour legislation, under which reports of violations have to be submitted to the hierarchical authorities before, where appropriate, being referred to the competent judicial body. Drawing the Government’s attention to the relevant parts of its 2006 General Survey on labour inspection (paragraphs 105–117, with regard to the powers of injunction envisaged in Article 13, and paragraphs 279–302 in relation to the means of action envisaged in Article 17), the Committee once again requests the Government to provide precise information on the manner in which effect is given or planned to be given in both law and practice to each of the provisions of these Articles of the Convention.

Articles 17 and 18. Legal proceedings and dissuasive sanctions. The Committee noted previously that the amounts of the penalties did not appear to have been changed since the adoption of the Labour Code in 1987. However, fines should be regularly reviewed to take into account inflation so as to maintain their dissuasive nature. The Committee requests the Government to indicate whether provisions allowing the revision of the level of penalties have been envisaged in the draft Labour Code. It would also be grateful if the Government would provide statistics of violations, prosecutions and the penalties applied by the judicial bodies.

Articles 19, 20 and 21. Reports on labour inspection activities. The Government indicates that it will provide a copy of the annual labour inspection report at the end of 2011. The Committee recalls its 2010 general observation in which it emphasized the essential importance that it attaches to the publication and communication to the ILO within the prescribed time limits of an annual labour inspection report. When well prepared, and containing all the required information, the annual report offers an indispensible basis for the evaluation of the results in practice of the labour inspection services and, subsequently, the determination of the means necessary to improve their effectiveness. The Committee recalls in this respect that extremely valuable guidance on the presentation and analysis of this information is provided in the Labour Inspection Recommendation, 1947 (No. 81). It emphasizes once again, in particular, the need for the inclusion in the annual report of data on the scope of the national labour inspection system (workplaces and persons covered) so as to be able to assess the coverage rate in practice, if necessary, through the appropriate inter-institutional cooperation.

The Committee also recalls its 2007 general observation, in which it observed, among other matters, that information on judicial decisions concerning the application of legal provisions relating to conditions of work and the protection of workers while engaged in their work is reported only rarely to the International Labour Office. It therefore drew attention to Paragraph 9(e) of Recommendation No. 81, which indicates that the statistics of violations and penalties to be included in annual labour inspection reports should include the number of infringements reported to the competent authorities and the sanctions applied, as well as particulars of the nature of the penalties imposed by the competent authorities in the various cases (fines, imprisonment, etc.).

The Committee would be grateful if the Government would provide a copy of the annual report on labour inspection activities as soon as possible. It requests it to take the necessary measures to ensure in future the preparation and publication of the report on a regular annual basis and to ensure that it contains the information and statistics required by Articles 20 and 21, and to communicate a copy to the ILO within the required time limits.