Demande directe (CEACR) - adoptée 2012, publiée 102ème session CIT (2013)

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

Articles 3–12 of the Convention. Seafarers’ entitlement to annual holidays with pay. The Committee notes that the Government’s succinct report does not address any of the numerous points the Committee has been raising practically since the time of the ratification of the Convention. The Committee fully understands the persisting instability and multiple challenges the Government is facing, which of course impact on its efforts to improve the legislative framework and effectively implement ratified Conventions. It considers, however, that most of the requirements of this Convention do not require extensive legislative action or complex measures and should therefore be given effect in a timely manner. The Committee has been formulating its comments on the understanding that Civil Marine Service Act No. 201 of 1975 regulates the annual leave of seafarers employed on board publicly owned vessels while the Labour Code of 1987 applies to those employed on board privately owned vessels. Assuming that this properly reflects the current situation of law and practice, the Committee requests the Government to introduce the necessary amendments to the Civil Marine Service Act in order to give effect to the following provisions of the Convention: Article 4 (proportionate leave if length of service insufficient for full entitlement), Article 6 (justified absence from work and temporary shore leave not to be counted in the minimum annual leave), Article 8 (annual leave in principle consisting of an uninterrupted period), Article 10 (return to the place of engagement or recruitment at the employer’s cost) and Article 11 (prohibition of agreement to relinquish the right to annual leave) of the Convention. The Committee also requests the Government to consider appropriate action to ensure that seafarers employed on board privately owned vessels enjoy the coverage of Article 3 (30-day annual leave), Article 6 (public holidays and periods of incapacity for work not to be counted as annual leave), Article 8 (division of leave into parts and accumulation of leave) and Article 10 (free transportation to place of engagement or recruitment) of the Convention as the existing Labour Code does not appear to give effect to any of these provisions.