Observation (CEACR) - adopted 1995, published 82nd ILC session (1995)

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

Article 2 of the Convention. In its previous comments, the Committee requested the Government to indicate the categories of workers who may benefit under section 112 of the Labour Code of 1987, which 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. The Committee wished in particular to be informed whether this section only concerns workers whom the employer has omitted to insure, even though they are covered by Act No. 39 of 1971, or whether it also covers workers who cannot be insured because they do not come within the scope of social security.

In this respect, the Committee notes Instruction No. 3130 of 12 February 1989 respecting the compensation of uninsured workers in the event of industrial accidents, the text of which was supplied by the Government, as well as its statement that all workers are covered by the protection irrespective of whether they are insured and that this coverage concerns workers whom the employer has omitted to insure. In view of the fact that, by virtue of section 3, the application of Act No. 39 of 1971 to all the workers covered by the Labour Code will be progressive, the Committee once again requests the Government to indicate whether section 112 of the Labour Code, as well as the above Instruction, also apply to workers who cannot yet be insured under Act No. 39 of 1971, and particularly those working in enterprises employing fewer than five workers.

Article 5. For a number of years, the Committee has been pointing out to the Government that the national legislation does not appear, in accordance with this provision of the Convention, to ensure the proper utilization of the compensation paid in the form of a lump sum to the victim of an industrial accident causing permanent incapacity of less than 35 per cent (or to his dependants in the event of death). The Committee recalls that the Government stated in its previous report that the beneficiaries in question receive the compensation and at the same time keep their job and the whole of their wage, but that the Government did not indicate the provisions by virtue of which the workers concerned keep their job and their wage. In its 1992 observation, the Committee therefore requested the Government to supply further information on this matter.

In its latest report, the Government refers to section 36(5) of the Labour Code of 1987, by virtue of which a contract of employment shall terminate "when the worker has become incapacitated to the extent of 75 per cent or more and is unable to work, as substantiated by an official medical certificate". According to the Government, this means that a contract of employment cannot be terminated in cases where the worker is the victim of a rate of permanent incapacity which is below 75 per cent. While noting this information, the Committee notes that this provision does not appear to prevent a contract of employment being terminated in the case of workers who are incapacitated to an extent that is less than 75 per cent on grounds other than incapacity referred to in the above section 36 of the Labour Code. In these conditions, the Committee is bound once again to hope that the Government will adopt the necessary measures to ensure, in accordance with the Convention, the proper utilization of the compensation paid in the form of a lump sum to victims of industrial accidents which have resulted in permanent incapacity of less than 35 per cent.