Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

Minimum Wage Fixing Convention, 1970 (No. 131) - Iraq (Ratification: 1974)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

1. The Committee noted Act No. 71 of 1987 promulgating the Labour Code and particularly the provisions concerning minimum wages. The Committee requests the Government to indicate whether the Order of the Minister of Labour and Social Affairs to set up the committee provided for in section 46 I of the above Code has been adopted and, if this is the case, to supply a copy.

2. Article l, paragraphs 2 and 3, of the Convention. The Committee requests the Government to indicate the measures that have been adopted to establish a minimum wage to protect persons who do not work in the private, mixed and cooperative sectors and who, under section 8 of the Labour Code of 1987, are not covered by the Code. It also requests it to supply any available information on the approximate number of persons covered by the Code.

3. The Committee requests the Government to indicate the measures that have been taken or are envisaged to establish minimum wages for young persons, apprentices and the disabled. It also requests it to indicate the manner in which employers' and workers' organizations were consulted.

4. Article 3. The Committee points out that, in order to determine the level of minimum wages, so far as is possible and appropriate in relation to national practice and conditions, account should be taken of the needs of workers and their families, taking into consideration the general level of wages in the country, the cost of living, social security benefits and the relative living standards of other social groups, as well as economic factors, including the requirements of economic development, levels of productivity and the desirability of attaining and maintaining a high level of employment. The Committee requests the Government to indicate the extent to which account has been taken of the various elements enumerated in this Article when determining the new levels of minimum wages.

5. Article 4, paragraph 1. The Committee requests the Government to indicate the new levels which were fixed or adjusted during the period covered by the report.

6. Article 4, paragraph 2. The Committee requests the Government to indicate how provision has been made for full consultation with the organizations of employers and workers, as laid down in this provision.

7. Article 4, paragraph 3(b). Under the terms of section 46 I(f), two members chosen by the Minister of Labour and Social Affairs on the basis of their experience in and knowledge of various aspects of wage planning are to be members of the committee responsible for fixing the minimum wage. The Committee points out in this connection that the Convention provides that the organizations of workers and employers concerned shall be fully consulted regarding such appointments. It requests the Government to indicate whether the organizations concerned have been or will be consulted when these appointments are made.

8. Article 5. The Committee requests the Government to indicate the practical steps that have been taken to give effect to the provisions of this Article. It requests it, in particular, to indicate the number of infringements committed regarding the application of Part IV, Chapter 2 of the Code, and especially of section 47 of the Code, and the number of sentences handed down under section 53.