Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

Seafarers' Annual Leave with Pay Convention, 1976 (No. 146) - Iraq (Ratification: 1985)

Further to its previous comments, the Committee notes the Government's 1997 report.

Article 2 of the Convention. The Committee notes that, in reply to its previous comments, the Government's report repeats the statement that Law No. 201 of 1975 applies to all persons working on civil maritime units belonging to the State. The Committee reiterates its previous request for clarification as to whether the text of section 2 of Law No. 201 should read: seafarers listed in "Schedules Nos. (2) and (3)" instead of "Schedules Nos. (1) and (2)", in order to confirm that the leave provisions in Law No. 201 apply to all seafarers occupying positions listed in Schedules 1,2 and 3. Further to its previous request for the original Arabic text of Law No. 201 of 1975, the Committee notes the short extract from the original Arabic of the said text enclosed with the Government's last report. It would be grateful if the Government would supply the full Arabic text of the said Law.

The Committee again notes that the Government's report does not contain a reply to its previous request regarding legislative provisions applying the Convention to non-Iraqi nationals employed on board Iraqi-registered ships. The Committee recalls that the Convention applies to all persons employed on board seagoing ships registered in the territory and requests the Government to indicate which legislative provisions apply the Convention to non-Iraqi nationals employed on board Iraqi-registered vessels.

Articles 3 and 4. The Committee notes that the Government's report repeats previous replies to its earlier comments. It therefore hopes the Government will not fail to indicate the provisions under Chapter 7 of Law No. 201, or of any other legislation that ensures a proportionately reduced annual leave for a seafarer whose length of service for any one year is less than that required for the full entitlement, as required by Article 4 of the Convention.

Article 6. In reply to its previous request concerning this provision of the Convention, the Government once again states that Fridays and official holidays are not counted in the minimum annual paid leave and seafarers who work on these days are given compensatory leave. The Committee hopes the Government will not fail to indicate the specific provisions of national law which apply to seafarers on both privately and publicly owned ships. The Committee reiterates the point that Article 6, paragraphs (b) and (c), of the Convention require similar treatment for periods of incapacity for work and temporary shore leave. It hopes the Government will not fail to provide full particulars in this regard.

Article 8. The Committee notes the Government's reply to its previous comments that seafarers may divide and accumulate their leave by virtue of the provisions of the Civil Service Law and the Labour Code and that according to Law No. 201 of 1975, the maximum length of uninterrupted annual leave is 36 days. The Committee notes that, while under section 69(II) of the Labour Code, 1987, only six continuous days of leave must be taken at one time, neither Law No. 201 nor the Civil Service Law provide for such a minimum of continuous days of leave. It recalls that Article 8, paragraph 2, of the Convention provides that, subject to the division or accumulation of annual leave due in one year that may be authorized by the competent authority or through the appropriate machinery in each country under paragraph 1 of the same Article, the annual leave with pay prescribed by the Convention shall be of an uninterrupted period. The Committee requests the Government to indicate the provisions of national law that provide for the annual leave with pay prescribed by the Convention to be of an uninterrupted period.

Article 10, paragraphs 2 and 3. The Committee notes that the Government repeats its earlier replies to its previous comments that, according to section 42(3) of Law No. 201, annual leave is granted upon a written application submitted by the seafarer and that the place and time such leave is to be taken is fixed by the seafarer. The Government states that the fact that free choice of leave is afforded to seafarers means there is no text compelling them to take annual leave without their consent or in a place other than where they were engaged. The Committee wishes to point out that the text of section 42(3) of Law No. 201 does not provide for free transportation to the place where he was engaged or recruited, whichever is nearer his home, for subsistence and other costs directly involved in his return to be for the account of the employer, and for travel time involved not to be deducted from the annual leave with pay, as required by paragraph 3 of this Article of the Convention. Please also provide texts of any relevant terms of collective agreements or formal decisions on these points.

Article 11. The Committee notes the Government's report does not contain a reply to its previous request for an indication of the specific provisions of national law that provide that any agreement to relinquish the right to the minimum leave with pay of seafarers employed by publicly owned seagoing ships covered by Law No. 201 should be null and void. In this regard it points out that section 71 of the Labour Code, while so providing, it is nonetheless limited to "workers employed in the private, mixed and cooperative sectors" (section 8(1) of the same Labour Code). Please provide full details on these points.

Article 12. Please provide a copy of the Service Regulations also referred to in the Government's last report.