Observation (CEACR) - adopted 1992, published 79th ILC session (1992)

Workmen's Compensation (Accidents) Convention, 1925 (No. 17) - Iraq (Ratification: 1960)

Article 2 of the Convention. In reply to the Committee's previous comments, the Government indicates that section 112 of Act No. 71 of 1987 to issue the Labour Code provides for the application to uninsured workers of the provisions respecting industrial accidents of Act No. 39 of 1971 respecting workers' retirement and social security, and that protection against industrial accidents therefore covers all establishments, both public and private, irrespective of the number of workers employed therein. The Committee notes this information with interest. It requests the Government to indicate in its next report the categories of workers who may thus benefit from the extension of protection in respect of compensation for industrial accidents in both the private and public sectors.

The Committee would also be grateful if the Government would indicate whether section 112 of Act No. 71 of 1987 only concerns workers whom the employer has omitted to insure, as they are covered by Act No. 39 of 1971 respecting workers' retirement and social security, or whether it also covers workers who cannot be insured because they do not lie within the scope of the social security. Finally, the Committee requests the Government to supply the texts of legislative provisions, regulations or administrative measures adopted by the Social Security Institute to give effect to the principle set out in section 112 of Act No. 71 of 1987.

Article 5. In reply to the Committee's previous comments on the question of ensuring the proper utilisation of the compensation paid in the form of a lump sum in the case of permanent partial incapacity of less than 35 per cent, the Government states that the beneficiaries in question receive the compensation and at the same time keep their job and the whole of their wage. While noting this information with interest, the Committee requests the Government to indicate the relevant provisions which ensure that workers suffering permanent incapacity of less than 35 per cent retain their jobs and their wages.