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Holidays with Pay Convention (Revised), 1970 (No. 132) - Iraq (RATIFICATION: 1974)

Article 12 of the Convention. Prohibition to forgo annual holidays for monetary compensation. The Committee notes that section 72(3) of the draft new Labour Code, in its version communicated to the International Labour Office in July 2010, has not yet been brought into line with the requirements of the Convention, as it permits monetary compensation in lieu of annual leave in case the employer refuses to grant such leave. The Committee recalls, in this connection, that the Convention prohibits the annual holiday to be replaced by the payment of cash compensation (except in case of termination of the employment relationship) in order to ensure that workers effectively enjoy their acquired holiday rights in the form of a sufficient period of rest and leisure necessary for their health and well-being. The Committee therefore requests the Government to take the necessary steps to ensure that the new Labour Code, which is now at its final stage of preparation, guarantees that workers do not lose their holiday entitlement, even if they do not exercise it, irrespective of any cash compensation paid by the employer.