Direct Request (CEACR) - adopted 1987, published 74th ILC session (1987)

Seamen's Articles of Agreement Convention, 1926 (No. 22) - Iraq (Ratification: 1966)

The Committee takes note of the information supplied by the Government in reply to its previous direct request.

Article 5 of the Convention. The Committee notes from the Government's report that section 143(a), subparagraph 2, of the Labour Law, provides for all workmen in the public sector to be given a work card on which the main information contained in his file will be reproduced. The Committee also notes that, included in the information contained in the file, is the amount of wages received and any sanctions imposed upon the workman. The Committee wishes to draw the Government's attention to the fact that, in so far as the work card might be considered as being the document provided for in the Convention, it should contain no assessment of the quality of the work of the seaman nor any indication concerning his wages. The Committee would be grateful if the Government would indicate the steps taken or under consideration to prevent this information appearing on the card.

With regard to foreign workers, the Committee notes that Regulation No. 30 of 25 September 1973, referred to in the Governments' report, provides for the issue of a work permit to foreign nationals for them to exercise an activity in Iraq.

The Committee requests the Government to supply additional information concerning the way in which this work permit could take the place of the document provided for by this Article of the Convention in the case of foreign seamen employed on Iraqi vessels.

Article 9, paragraph 1. In its previous comments, the Committee pointed out that under section 40 of Law No. 201 of 1975, the Civil Marine Service, seamen may, as a rule, resign, but their resignation may be refused by the maritime organisation in question. In its report, the Government states that in the event of the seaman terminating the contract, under section 83 of Law No. 201 of 1975, the provisions of section 26(c) of the Labour Law become applicable. Under section 83, issues not covered by the above Law are regulated by the provisions of the Labour Law. In view of the fact, however, that the issue of the resignation of seamen is expressely covered by section 40 of Law No. 201, the Civil Marine Service, the Committee would be grateful if the Government would specify the way in which section 26(c) of the Labour Law could apply in this case.