Observation (CEACR) - adopted 1991, published 78th ILC session (1991)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Iraq (Ratification: 1962)

The Committee takes note of the information supplied by the Government in its report.

Article 1 of the Convention. In its previous observation, the Committee noted with regret that Act No. 71 of 1987 issuing the Labour Code and Act No. 52 of 1987 on trade union organisations contain no specific provision guaranteeing application of this provision of the Convention, unlike the 1970 Labour Code (sections 21 and 29) which provided some protection for workers and trade union officers in this respect. The Committee asked the Government to adopt specific legislation ensuring the protection of workers against all acts of anti-union discrimination by employers.

The Committee notes that in response to this request, the Government merely indicates that section 127 of the Labour Code provides a restrictive list of cases where employers may dismiss workers and that none of the cases permit a worker to be dismissed on grounds of trade union activities or membership. It adds that section 2 of the Code guarantees every worker the right to work irrespective of any trade union affiliation.

The Committee observes that the sections referred to by the Government contain no specific provisions ensuring the application of the Convention. It recalls that protection against acts of anti-union discrimination covers not only cases of dismissal but any other discriminatory measure at the time of taking up employment and during employment, for example in the event of transfers, demotions and disciplinary or other measures.

Accordingly, the Committee urges the Government to adopt specific measures to guarantee adequate protection for workers against all acts of anti-union discrimination, both at the time of taking up employment and during the working relationship, accompanied by sufficiently effective and dissuasive sanctions, and to provide information on any progress made in this respect.

Article 2. With reference to its previous observation, the Committee notes the information provided by the Government to the effect that employers' and workers' organisations have their own laws which grant them financial independence and contain no provisions allowing interference in the affairs of other organisations.

Article 4. In its previous observation, the Committee noted with regret that the provisions concerning collective agreements contained in the former Labour Code had not been reproduced in the new legislation.

The Committee notes the Government's information to the effect that the absence of legislative provisions concerning collective bargaining does not mean that the principle of free negotiation is not respected. In this connection, the Government refers to section 150 of the Labour Code under which all matters not governed by the Labour Code are regulated in conformity with the provisions of the international labour Conventions ratified by Iraq. In practice, workers' organisations discuss their employment and pay conditions when collective agreements are concluded, and the Confederation of Workers' Unions is a member of the Minimum Wage Rate Commission established under section 46 of the Code.

The Committee refers to the terms of Article 4 of the Convention and asks the Government to provide information on measures to encourage the development and utilisation of machinery for voluntary negotiation of collective agreements in the private, mixed and co-operative sectors. It also asks the Government to provide detailed information on the number of collective agreements concluded, the sectors covered and the number of workers covered by collective agreements.

Articles 4 and 6. In its previous observation, the Committee asked the Government to take measures to guarantee that persons employed by the State and workers in the socialised sector assimilated to public employees in national legislation (Act No. 150 of 1987) enjoy the rights and guarantees provided for in the Convention.

The Committee notes from the information supplied by the Government that in this respect, the status of workers (state employees and workers in the socialised sector) has not changed.

Accordingly, the Committee recalls that under Article 6 of the Convention only public servants engaged in the administration of the State are not covered by the Convention. It therefore once again requests the Government to take measures to guarantee that persons employed by the State, public enterprises and independent public institutions who are not engaged in the administration of the State (such as teachers) and workers in the socialised sector enjoy the right to be protected against all acts of anti-union discrimination and to negotiate their conditions of employment collectively, in accordance with Articles 1 and 4 of the Convention.