Protection of Wages Convention, 1949 (No. 95) - Iraq (Ratification: 1960)

Individual Case (CAS) - Discussion: 1992, Publication: 79th ILC session (1992)

A Government representative stated that his Government respected the provisions of the Convention. Wages were paid in conformity with Chapter 4 of the Labour Code No. 71 of 1987, which contained detailed provisions concerning the protection and the payment of wages. In reference to the problem of payment of wages to Egyptian workers, he indicated that those workers who had left Iraq prior to the embargo had received wages that were owed to them as well as the percentage which should have been transferred in foreign currency within the appropriate deadlines. The workers who had left Iraq since the imposition of the embargo had received their wages in the national currency, in conformity with the law, with the exception of the percentage which was to be transferred in foreign currency. The Government representative clarified that the payment of this percentage was linked to the economic conditions that existed in Iraq since the imposition of the economic embargo; the latter had resulted in the freezing of its assets in foreign banks and had not yet been lifted. His Government wished to fulfil the obligations that it had towards Egyptian workers and other foreign workers, and would do so as soon as the embargo was lifted and it was able to recover the assets frozen in foreign countries. He requested the ILO and other international organisations to intervene so that the embargo would be lifted, as it was having disastrous effects on the people of Iraq as well as on migrant workers. In respect of the protection of wages of foreign workers in Iraq, he stated that the law provided the protection that was necessary for this purpose. The wages of foreign workers were paid in conformity with the law previously referred to, and in conformity with the agreements concluded between workers and employers. The wages of Filipino workers were paid in compliance with the law and with the agreement concluded between the two countries. This agreement included provisions contained in Convention No. 95. Transfers of funds of migrant workers to foreign countries had been made in compliance with the appropriate directions.

The Workers' members recalled that the problem concerning the application of the Convention had been the subject of observations of the Committee of Experts for many years, and had been discussed in 1989 and 1990, in particular, by the Conference Committee. Two matters were pointed out by the Committee of Experts. The first arose from the report of the Governing Body committee that was responsible for the examination of the complaint submitted by the Federation of Egyptian Trade Unions pursuant to article 24 of the Constitution. The Governing Body invited the Government to take all appropriate measures to ensure that Egyptian workers obtained full payment of amounts owing to them in respect of wages. On the basis of the information provided by the Federation of Egyptian Trade Unions concerning the number of workers and the amounts to be paid, and the information supplied by the Government concerning the payment of these amounts, it was noted that only part of the payments had been made. They therefore stressed that all amounts owing in respect of wages be paid and transferred to the Egyptian workers as soon as possible. The Government was also asked, as previously agreed, to provide detailed responses to all the questions raised by the Committee of Experts on these matters. The second question concerned the very important problem, which had already been dealt with by this Committee, regarding the payment of wages in the form of promissory notes or any other form alleged to represent legal tender. Such payments had been prohibited by Article 3 of the Convention. In their opinion, this Convention was of great practical importance for migrant workers. For this reason, any derogations in this area that were made at the level of the enterprise, at the national level or through bilateral agreements between States were unacceptable. During discussion of this year's General Survey on Minimum Wage Fixing Machinery, the Workers' members emphasised the importance of respect for Convention No. 95. They also urged the Government to fully respect Convention No. 95 in all its bilateral agreements and to review, if necessary, the content of these agreements to the extent that they contravened the principles of this Convention. They also stressed that the Government should supply all the information requested by the Committee of Experts concerning the situation in practice, and inform it of any intervening new developments in bilateral agreements concluded with the Philippines and other countries.

The Employers' members noted that this case involved an entire range of complex questions. A considerable part of the wages owing to the numerous Egyptian workers employed in Iraq had been frozen and not paid to them; this problem was not linked exclusively to the political and military events which had taken place. Although part of these wages had since been released, the situation was unclear in respect of large amounts of these wages, and they therefore supported the questions and demands of the Experts concerning this matter. They stated that they wished information from the Government regarding the number of workers affected, and the amounts in question; the amounts that had been paid until now; and when and what specific measures had been taken in order to deal with cases that had not yet been settled. In respect of the Government's statement that it was not in a position or ready to deal with such matters because of the embargo, they stressed that this situation must not affect workers who were not responsible for the political events that had occurred. The unpaid workers had a contractual right to the money owed, the Convention protected their wages, and the Government must guarantee this protection. The second area of concern of the Employers' members was the payment of wages to foreign workers. Originally, the Committee had dealt with a situation involving Filipino workers in Iraq. It was originally unclear whether there was any agreement between Iraq and the Philippines in respect of these workers, and the nature of the contents of any such agreement were also unknown. It now seemed clear that this and other agreements did exist between Iraq and countries whose workers were or had been employed in Iraq. However, they stressed that there should be agreements with all such countries, in order to protect the wages of all workers as required by the Convention. They indicated their support for the request from the Committee of Experts for precise written detailed information concerning existing and draft wage protection laws which were or were to be applied to all foreign workers employed in Iraq, and whether the same protection of wages was provided to all workers, as established in the Convention.

A Workers' member from Italy, after having recalled the relationship between the embargo and the freeze of Iraqi assets in countries other than Iraq with the payment of wages to foreign workers, emphasised the importance of establishing agreements between countries which employed migrant workers and countries from which such workers originated, in order to regulate these matters. He stated that there should be as much clarity as possible in this area not only for institutions but also for migrant workers.

A Workers' member from Greece stated that he was not able to accept the information given by the Government representative to the effect that the wages of the migrant workers would be paid when the embargo was lifted, and the Iraqi assets in foreign banks unfrozen. He stressed that the migrant workers, who were in no way responsible for the troubles that had occurred in Iraq, should not bear the consequences.

The Government representative stated that all workers deserved protection, including Iraqi workers who were subject to very difficult conditions. Thousands of persons were dying because of a lack of food and medicine, including children and even foreign workers. He hoped that this situation would be taken into consideration when the Government refers to the payment of wages. In reference to the explanations that had been requested regarding the number of Egyptian workers affected and the amounts owing, he indicated that he had not been able to contact the competent authorities in order to obtain this information, as the report of the Committee of Experts arrived one week prior to the Conference. The Government will send this information in a detailed report. With regard to the agreement with the Philippines, he explained that this bilateral agreement was renewed without either of the parties objecting to its contents. His Government had taken into consideration all the international standards when signing bilateral agreements. It will send the ILO a detailed report on this matter in the near future.

A Workers' member of Iraq stated that the Confederation of Iraqi Workers considered itself responsible for the protection of all Arab and foreign workers. In the past, prior to the unfortunate and known events, the problems of Egyptian workers had been resolved jointly with the Egyptian workers and his Confederation. The Confederation was paying Iraqi and foreign workers who had lost their job monthly salaries which were financed by the contributions of Iraqi workers to the Confederation. He admitted that a debt was owing to the Egyptian workers and hoped that it would be settled soon, in spite of the serious difficulties which his country was daily encountering.

The Government representative expressed reservations about the text of the conclusions concerning the freeze of government assets, and reiterated that the Government was not responsible for the freeze nor for the embargo.

The Committee took note of the information supplied by the Government. It understood that considerable sums of money due to foreign workers as wages had not been transferred to them because of the freeze of Iraqi assets. The Committee pointed out that under the provisions of the Convention, foreign workers should not be the victim of political difficulties in the region between the Government and other countries. It therefore urged the Government to revise its position on this point.The Committee furthermore asked the Government to supply in the near future written information containing full particulars concerning the agreements the Government had entered into with governments of countries whose nationals worked or had worked in Iraq, as well as information concerning the other points raised in the report of the Committee of Experts.

The Government representative expressed reservations about the text of the conclusions concerning the freeze of government assets, and reiterated that the Government was not responsible for the freeze nor for the embargo.

Individual Case (CAS) - Discussion: 1990, Publication: 77th ILC session (1990)

A Government representative provided clarification regarding the form and procedure for payment of wages to Philippine workers employed by the Government of Iraq. First, there was no agreement between Iraq and the Philippines providing that these workers should receive their wages in local currency or a certain percentage in foreign currency. Philippine workers in Iraq were treated equally with Iraqi workers as regards the payment of wages; they were paid totally in local currency and in accord with agreements concluded between employers and workers. Secondly, non-Iraqi workers had the right to transfer a proportion of wages abroad, in accordance with specific regulations regarding such transfers. Thirdly, the revision of the agreement between the Government of Iraq and the Government of the Philippines concerning the exchange of manpower between the two countries applied only to the modalities of employment organisation, upon arrival of workers in Iraq.

The Employers' members regretted the brevity of the Government representative's statement, as information requested by the Committee of Experts had not been provided. The facts of the situation remained unclear, as they had been during the present Committee's discussion of the case last year. The Government was asked to verify whether there was an agreement between the two countries on this subject. If the Government continued to maintain that there was no such agreement, the Employers wondered whether the entire discussion did not at least make it clear that an agreement was needed between the two countries on the matter. The Government representative's statement that Philippine workers were treated equally with Iraqi workers did not really address the issue of whether they were paid wages in full. They asked the Government to provide further information regarding the questions posed by the Committee of Experts, in particular whether agreements existed between Iraq and other countries on this subject.

The Workers' members recalled that the critical question here was what were all the facts concerning the situation of Iraqi workers and payment of their wages. This case had its origins in a communication from the Philippine Government indicating that the situation concerning the payment of wages in Iraq was contrary to the requirements of the Convention. In so far as the Government of Iraq had indicated that there was no agreement between the two Governments, the question remained, was there a problem in practice? Full information needed to be provided on this point. In view of the written information supplied by the Government of the Philippines, the Workers' members suggested that the agreement currently being negotiated between the two Governments should include provisions ensuring the guarantees set out in the Convention.

The Government representative reiterated that there was no agreement between the two Governments concerning how the payment of wages was to be effected, that Iraqi law (Labour Code Act, No. 71 of 1987) which was based on the requirements of the Convention, was respected, and that wages were fully paid in local currency. He added that the Government of the Philippines had not sent it any communication indicating an intention to amend the current agreement in accordance with the Convention. Lastly, he indicated that his Government had agreements with other countries such as Bangladesh, Tunisia and Morocco.

The Committee noted the information supplied by the Government. The Committee hoped that, in view of the previous information supplied, the Government would be in a position to provide further information and full particulars, including the texts of existing agreements and/or any agreements under consideration so that a full assessment could be made of the situation of Filipino workers in Iraq.

Individual Case (CAS) - Discussion: 1989, Publication: 76th ILC session (1989)

The Government representative stated that his Government had closely examined the comments of the Committee of Experts on the payment of wages to Filipino workers in Iraq and noted that that committee had based their observation on the existence of agreement between Iraq and the Philippines. The Government wished to say that there was no such agreement as described in the report and that Filipino workers in Iraq were treated just like Iraqi workers as regards the payment of wages, under Labour Code No. 71 of 1987 and Labour Code No. 95, an earlier document. If there were a document, the Government would be prepared to discuss both its existence and its veracity.

The Employers' members considered that it was unclear if there was a problem; the point, however, remained that this was a case occurring under Convention No. 95 which addressed another issue, namely the protection provided relating to promissory payment of employees, which was prohibited by the Convention. It would appear that the proposal that had apparently been made by the Filipino Government had remained merely a proposal and was not actually agreed to. If that were the case, then there was compliance with the Convention on this point.

The Workers' members thought it was difficult to decide whether the matter was settled, if indeed it was true that no agreement existed between Iraq and the Philippines to pay 40 per cent of wages in dinars and 60 per cent in dollars, but the latter only after two years. If article 3, paragraph 1, of the Convention were indeed being applied, then it was for the Committee of Experts to determine, subsequent to the reply from the Government, whether or not there had been full application of the Convention. However, Article 3 did not allow for a time lapse of two years before payment of 60 per cent of wages. If that had not been done, then that was progress already: they hoped the Committee of Experts would be able to ensure that, in this aspect, there was conformity with the Convention. Otherwise, it would be necessary to add other complaints or claims by the Filipino Government or by the workers concerned themselves.

The Government representative reiterated that there had been no such agreement on the part of the Filipino and Iraqi Governments and that Filipino workers in Iraq were treated in the same way as all other foreign workers and just as Iraqi workers as regards the payment of salaries, with the right to transfer part of their salary back to their families.

The Committee took note of the information supplied by the Government representative and recalled the comments according to which proposals to pay the wages of Filipino workers in Iraqi territory were in contravention of the provisions of the Convention. The committee trusts that the Government will communicate detailed information in this case so that the Committee of Experts may be assured of the application of the Convention in this matter.

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on wages, the Committee considers it appropriate to examine Convention No. 131 (minimum wage) and Convention No. 95 (protection of wages) together.

Minimum wage

Articles 3 and 4 of Convention No. 131. Elements taken into consideration in determining the level of minimum wages. Minimum wage-fixing machinery. Further to its previous comments, the Committee notes with interest that pursuant to the adoption of a new Labour Code (Act No. 37 of 2015), criteria for the determination of the minimum wage in line with Article 3, as well as a specific periodicity for their review, are now established in section 63 of that Code.

Protection of wages

Article 2 of Convention No. 95. Application to public officials. The Committee notes that the new Labour Code is the main legislation implementing the Convention. It also notes that its section 3 specifies that its provisions shall apply to all workers in the Republic of Iraq, with the exception of public officials appointed in accordance with the Civil Service Law or a special legislation, and members of the armed forces, the police and the internal security forces. The Committee requests the Government to provide information on the manner in which effect is given to the Convention with regard to public officials who are excluded from the application of the Labour Code.

Article 3(1) of Convention No. 95. Payment of wages in legal tender. Further to its previous comments, the Committee notes that section 53(1) of the Labour Code provides that wages due to workers shall be paid in Iraqi currency, unless otherwise specified in the employment contract. It recalls that Article 3(1) provides that wages payable in money shall be paid only in legal tender. The Committee requests the Government to provide information on any cases where payment of wages otherwise than in Iraqi currency is provided for in the employment contract in application of the exception authorized under section 53(1) of the Labour Code.

Article 4. Partial payment of wages in kind. Further to its previous comments, the Committee notes the Government’s indication that the Labour Code does not authorize the partial payment of wages in kind.

Article 7(2). Works stores in remote areas. The Committee notes that section 41(2)(o) of the Labour Code sets out that the employer must provide the workers with the necessary goods and services in remote locations at subsidized prices. Moreover, section 111 concerning workers in quarries, mines and mineral extraction provides that the price paid by a worker in return for transportation, meals and housing in remote and distant areas shall be determined by virtue of the Minister’s decision. The Committee recalls that Article 7(2) provides that the competent authority shall take appropriate measures with the objective of ensuring that stores established and services operated by the employer, where access to other stores or services is not possible, are not operated for the purpose of securing a profit but for the benefit of the workers concerned. The Committee requests the Government to provide information on the decisions adopted to give effect to sections 41(2)(o) and 111 of the Labour Code.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Article 3(1) of the Convention. Payment of money wages in legal tender. The Committee notes that whereas section 42(2) of the Labour Code of 1987 provides for the payment of wages exclusively in Iraqi currency, section 44.1 of the new draft Labour Code provides that the payment of wages shall be made in legal tender unless otherwise stipulated in the employment contract. Recalling that Article 3 of the Convention requires wages to be paid in legal tender and prohibits the payment in the form of promissory notes, vouchers or coupons, or in any form alleged to represent legal tender, the Committee requests the Government to provide additional explanations on the scope and content of this draft provision.

Article 4. Partial payment of wages in kind. The Committee recalls its previous comment in which it noted the absence of provisions in national legislation giving effect to Article 4(2) of the Convention and suggested that measures be adopted in this regard. In its reply, the Government indicates that the relevant provisions of the new draft Labour Code, currently being examined, will be reviewed in the light of the Committee’s recommendations. The Committee recalls that the Convention permits the partial payment of wages in the form of allowances in kind only where so authorized under national laws or regulations, collective agreements or arbitration awards (but not individual agreements), and on condition that measures are taken in order to ensure that such allowances are appropriate for the personal use and benefit of the worker and his/her family and the value attributed to them is fair and reasonable. While noting the Government’s statement that the conditions under which a wage may be paid in kind are to be agreed upon by the parties to the employment relationship, the Committee is obliged to point out (see paragraphs 106 and 217 of the 2003 General Survey on the protection of wages) that the Convention makes exclusive reference to national laws, collective agreements and arbitration awards as being the only valid legal bases for partially paying wages in kind. The aim is clearly to exclude “private” arrangements which might involve abusive pay conditions or unsolicited payments in kind to the detriment of the worker’s earnings. The Committee therefore requests the Government to take the necessary measures to ensure that the revised Labour Code gives full effect to the requirements of Article 4 of the Convention and to keep the Office informed of any developments in this regard.

Part V of the report form. Practical application. The Committee would be grateful if the Government would continue to provide general information on the application of the Convention, including, for instance, the approximate number of workers covered by the relevant legislation, and extracts from reports of the inspection services showing the number of all wages-related infringements reported and sanctions imposed.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Article 4 of the Convention. Partial payment of wages in kind. The Committee understands that the process of adoption of the new draft Labour Code is at an advanced stage and that the text is currently being examined by the State Consultative Council. In this connection, the Committee notes that the new draft Labour Code builds essentially on the provisions of Part IV on wages (sections 41–53) of the existing Labour Code Act No. 71 of 1987 which gives effect to most of the requirements of the Convention. However, one aspect which is not sufficiently regulated in either the Labour Code in force or the new draft Labour Code in its current wording is the partial payment of wages in the form of allowances in kind. The Committee recalls that since the definition of wages in Article 1 of the Convention covers any remuneration or earnings for work performed or services rendered, benefits in kind are by definition part of wages and should in consequence be regulated in accordance with the terms of this Article of the Convention. The Committee therefore requests the Government to consider appropriate measures to permit payment of wages in kind only to the extent and under the conditions laid down in Article 4(2) of the Convention.

By way of example, the Committee notes that under section 48.1(b) of the draft Labour Code, deductions from wages are permitted, among others, in respect of housing furnished by the employer to the worker but there seem to be no provisions seeking to guarantee the attribution of a fair and reasonable cash value to such allowance in kind, as prescribed by the Convention. In this respect, the Committee draws the Government’s attention to paragraphs 144–160 of its 2003 General Survey on the protection of wages which offer some guidance as regards possible ways in which legislative conformity with the Convention may be attained (e.g. general prohibition of payments in kind except for food and lodging, intervention of public officials in authorizing the type and cash value of payments in kind, or cash value of authorized goods and services fixed by law, setting an overall limit on the proportion of the money wages which may be replaced by benefits in kind, etc.). The Committee trusts that in finalizing the new Labour Code the Government will not fail to take into account the Committee’s suggestions. It accordingly requests the Government to keep the Office informed of all future developments in this regard and to transmit a copy of the new labour legislation once it has been adopted.

Article 12 of the Convention. Non-payment of wages owed to migrant workers. With reference to its previous observations concerning any measures to follow up on the recommendations of the ILO Governing Body following the Article 24 representation that was filed against Iraq in 1991 for non-observance of the Convention, the Committee notes the Government’s explanations and fully understands the practical difficulties it experiences in identifying names and retrieving wage records some two decades after these claims first arose. The Committee is also aware of the extraordinary challenges the Government faces in the current context of national reconstruction. Under these circumstances, the Committee expresses the firm hope that the Government will take all necessary measures to prevent the recurrence of any problems of non-payment of wages or accumulated wage arrears, in particular with regard to migrant workers. The Committee recalls that the Convention applies to all persons to whom wages are paid or payable (Article 2) irrespective of their nationality, work permit, or the characteristics of their contracts, and also that the Government remains responsible for effectively applying and enforcing the principles of regular payment of wages and prompt settlement of wage claims upon the termination of the employment contract. The Committee further expects the Government to take appropriate action so as to avoid problems such as those experienced in the past with relation to certain forms of payment of wages, for instance promissory notes, which would be in contravention of Article 3 of the Convention.

Part V of the report form. Application in practice. The Committee would appreciate if the Government would make an effort to collect and communicate general information on the manner in which the Convention is applied in practice, including for instance statistics on the number of workers covered by the relevant legislation, extracts from labour inspection reports showing the number and nature of wage-related offences reported and sanctions imposed, any difficulties experienced in the timely payment of wages in either the private or public sectors, etc.

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

1. The Committee has been commenting on the measures to be taken following the recommendations of the tripartite committee set up to examine the representation made by the Federation of Egyptian Trade Unions under article 24 of the ILO Constitution, alleging non-observance by Iraq, inter alia, of the Convention (GB.250/15/25, May–June 1991), concerning non-payment of wages owed to Egyptian workers employed in Iraq, who left the country both before and after the invasion of Kuwait. In its previous observation, the Committee noted the Government’s earlier indication that the workers who left since the imposition of the embargo, which resulted in the freezing of Iraqi assets in foreign banks, received their wages in conformity with the law, with the exception of the percentage to be transferred in foreign currency. In this connection, the Government indicated in its report that, although the Off-America Bank of New York had released an amount of US$20 million from the deposit owned by the Iraqi Rafedain Bank’s Cairo Branch to cover some of the Bank’s outstanding transfers, none of the suspended outstanding transfers had been paid by the Cairo Branch of the Rafedain Bank.

The Committee recalls that the above tripartite committee made recommendations in its report, which was approved by the Governing Body of the ILO, that the Government should: (i) take appropriate measures so that the number of workers involved and the amounts owed to them will be determined; and (ii) take measures necessary for the effective payment of such amounts. The Committee notes that no specific information has been received on either of these points. It is therefore obliged to repeat its hope that the Government will take all the necessary measures and provide information on them.

2. The Committee notes the copy of the Labour Movement Agreement concluded between Iraq and the Philippines, attached to the report. It notes that, under article 12 of this Agreement, the workers employed under the agreement may transfer a percentage of their income through the normal banking channels in accordance with the receiving country’s instructions and regulations on foreign transfers. The Committee requests the Government to clarify up to what percentage of the income the workers are allowed to remit under this provision. It would also be grateful if the Government would supply further information on the relevant instructions and regulations on foreign transfer.

3. The Committee recalls that it has noted, in its earlier observation, section 7 of the Labour Code which prescribes the treatment of Arab workers on an equal footing with Iraqi workers in regard to the rights and duties set forth in the Code, and an Agreement between Iraq and the Philippines stipulating the reciprocal equal treatment of migrant workers and nationals. The Committee again requests the Government to supply information concerning the protection of wages of non-Arab foreign workers who are not from the Philippines.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

1. The Committee has been commenting on the measures to be taken following the recommendations of the tripartite committee set up to examine the representation made by the Federation of Egyptian Trade Unions under article 24 of the ILO Constitution, alleging non-observance by Iraq, inter alia, of the Convention (GB.250/15/25, May-June 1991), concerning non-payment of wages owed to Egyptian workers employed in Iraq, who left the country both before and after the invasion of Kuwait. In its previous observation, the Committee noted the Government’s indication that the workers who left since the imposition of the embargo, which resulted in the freezing of Iraqi assets in foreign banks, received their wages in conformity with the law, with the exception of the percentage to be transferred in foreign currency. In this connection, the Government indicates in its report that, although the Off-America Bank of New York had released an amount of US$20 million from the deposit owned by the Iraqi Rafedain Bank’s Cairo Branch to cover some of the Bank’s outstanding transfers, none of the suspended outstanding transfers have been paid by the Cairo Branch of the Rafedain Bank.

The Committee recalls that the above tripartite committee made recommendations in its report, which was approved by the Governing Body of the ILO, that the Government should: (i) take appropriate measures so that the number of workers involved and the amounts owed to them will be determined; and (ii) take measures necessary for the effective payment of such amounts. The Committee notes that no specific information has been received on either of these points. It is therefore obliged to repeat its hope that the Government will take all the necessary measures and provide information on them.

2. The Committee notes the copy of the Labour Movement Agreement concluded between Iraq and the Philippines, attached to the report. It notes that, under article 12 of this Agreement, the workers employed under the agreement may transfer a percentage of their income through the normal banking channels in accordance with the receiving country’s instructions and regulations on foreign transfers. The Committee requests the Government to clarify up to what percentage of the income the workers are allowed to remit under this provision. It would also be grateful if the Government would supply further information on the relevant instructions and regulations on foreign transfer.

3. The Committee recalls that it has noted, in its earlier observation, section 7 of the Labour Code which prescribes the treatment of Arab workers on an equal footing with Iraqi workers in regard to the rights and duties set forth in the Code, and an Agreement between Iraq and the Philippines stipulating the reciprocal equal treatment of migrant workers and nationals. The Committee again requests the Government to supply information concerning the protection of wages of non-Arab foreign workers who are not from the Philippines.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes that the Government’s report contains no reply to previous comments. It must therefore repeat its previous observation which reads as follows:

1.  The Committee has been commenting on the measures to be taken following the recommendations of the tripartite committee set up to examine the representation made by the Federation of Egyptian Trade Unions under article 24 of the ILO Constitution, alleging non-observance by Iraq, inter alia, of the Convention (GB.250/15/25, May-June 1991), concerning non-payment of wages owed to Egyptian workers employed in Iraq, who left the country both before and after the invasion of Kuwait. In its previous observation, the Committee noted the Government’s indication that the workers who left since the imposition of the embargo, which resulted in the freezing of Iraqi assets in foreign banks, received their wages in conformity with the law, with the exception of the percentage to be transferred in foreign currency. In this connection, the Government indicates in its report that, although the Off-America Bank of New York had released an amount of US$20 million from the deposit owned by the Iraqi Rafedain Bank’s Cairo Branch to cover some of the Bank’s outstanding transfers, none of the suspended outstanding transfers have been paid by the Cairo Branch of the Rafedain Bank.

The Committee recalls that the above tripartite committee made recommendations in its report, which was approved by the Governing Body of the ILO, that the Government should: (i) take appropriate measures so that the number of workers involved and the amounts owed to them will be determined; and (ii) take measures necessary for the effective payment of such amounts. The Committee notes that no specific information has been received on either of these points. It is therefore obliged to repeat its hope that the Government will take all the necessary measures and provide information on them.

2.  The Committee notes the copy of the Labour Movement Agreement concluded between Iraq and the Philippines, attached to the report. It notes that, under article 12 of this Agreement, the workers employed under the agreement may transfer a percentage of their income through the normal banking channels in accordance with the receiving country’s instructions and regulations on foreign transfers. The Committee requests the Government to clarify up to what percentage of the income the workers are allowed to remit under this provision. It would also be grateful if the Government would supply further information on the relevant instructions and regulations on foreign transfer.

3.  The Committee recalls that it has noted, in its earlier observation, section 7 of the Labour Code which prescribes the treatment of Arab workers on an equal footing with Iraqi workers in regard to the rights and duties set forth in the Code, and an Agreement between Iraq and the Philippines stipulating the reciprocal equal treatment of migrant workers and nationals. The Committee again requests the Government to supply information concerning the protection of wages of non-Arab foreign workers who are not from the Philippines.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

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

1. The Committee has been commenting on the measures to be taken following the recommendations of the tripartite committee set up to examine the representation made by the Federation of Egyptian Trade Unions under article 24 of the ILO Constitution, alleging non-observance by Iraq, inter alia, of the Convention (GB.250/15/25, May-June 1991), concerning non-payment of wages owed to Egyptian workers employed in Iraq, who left the country both before and after the invasion of Kuwait. In its previous observation, the Committee noted the Government's indication that the workers who left since the imposition of the embargo, which resulted in the freezing of Iraqi assets in foreign banks, received their wages in conformity with the law, with the exception of the percentage to be transferred in foreign currency. In this connection, the Government indicates in its report that, although the Off-America Bank of New York had released an amount of US$20 million from the deposit owned by the Iraqi Rafedain Bank's Cairo Branch to cover some of the Bank's outstanding transfers, none of the suspended outstanding transfers have been paid by the Cairo Branch of the Rafedain Bank.

The Committee recalls that the above tripartite committee made recommendations in its report, which was approved by the Governing Body of the ILO, that the Government should: (i) take appropriate measures so that the number of workers involved and the amounts owed to them will be determined; and (ii) take measures necessary for the effective payment of such amounts. The Committee notes that no specific information has been received on either of these points. It is therefore obliged to repeat its hope that the Government will take all the necessary measures and provide information on them.

2. The Committee notes the copy of the Labour Movement Agreement concluded between Iraq and the Philippines, attached to the report. It notes that, under article 12 of this Agreement, the workers employed under the agreement may transfer a percentage of their income through the normal banking channels in accordance with the receiving country's instructions and regulations on foreign transfers. The Committee requests the Government to clarify up to what percentage of the income the workers are allowed to remit under this provision. It would also be grateful if the Government would supply further information on the relevant instructions and regulations on foreign transfer.

3. The Committee recalls that it has noted, in its earlier observation, section 7 of the Labour Code which prescribes the treatment of Arab workers on an equal footing with Iraqi workers in regard to the rights and duties set forth in the Code, and an Agreement between Iraq and the Philippines stipulating the reciprocal equal treatment of migrant workers and nationals. The Committee again requests the Government to supply information concerning the protection of wages of non-Arab foreign workers who are not from the Philippines.

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

With reference to its previous comments, the Committee notes the discussion which took place at the Conference Committee in June 1992, and the information supplied by the Government in its report.

1. In its previous comments, the Committee noted the report of the Committee set up for the examination of the representation made by the Federation of Egyptian Trade Unions under article 24 of the ILO Constitution, alleging non-observance by Iraq of a certain number of Conventions, including Convention No. 95. It also noted that the Federation of Egyptian Trade Unions communicated in a letter dated 13 August 1991 information gathered so far by the Government of Egypt concerning the number of Egyptian workers with assets in Iraqi banks and savings banks (220,886 workers), and the total amount of such assets (US$495,274,700). The Committee therefore requested the Government to supply information on any measures taken or envisaged with the view of determining the number of workers involved and the amounts owed to them and of the effective payment of such amounts.

The Government's explanation provided to the Conference Committee and in the report is that the workers who left Iraq prior to the embargo had received wages that were owed to them including the percentage which should have been transferred in foreign currency within the appropriate deadlines. It also indicates that the workers who left Iraq since the imposition of the embargo, which resulted in the freezing of Iraqi assets in foreign banks, received their wages in conformity with the law, with the exception of the percentage to be transferred in foreign currency.

The Committee notes these indications. It also notes that the detailed information, which a Government representative at the Conference Committee stated would be sent, concerning the number of Egyptian workers affected and the amounts owing has not been received. The Committee again requests the Government to take all appropriate measures to ascertain the number of workers involved and the amounts owed to them, to take measures necessary for the effective payment of the amounts thus determined, and to communicate information on the measures taken or envisaged.

2. The Committee recalls that it requested in its earlier observation the Government to supply information on certain points regarding the payment of wages to foreign workers, especially those from the Philippines. It has also noted section 7 of the Labour Code which prescribes the treatment of Arab workers on an equal footing with Iraqi workers in regard to the rights and duties set forth in the Code, and an Agreement between Iraq and the Philippines stipulating the reciprocal equal treatment of migrant workers and nationals. The Committee thus requested the Government for information concerning the protection of wages of non-Arab foreign workers but not for the Filipinos, including the texts of relevant agreements, as well as information on the regulations and procedures for the remittance of a part or all of the wages to the country of origin of the foreign workers.

A Government representative indicated at the Conference Committee that the bilateral agreement with the Philippines had been renewed, that it included provisions contained in Convention No. 95, and that transfer of funds of migrant workers to foreign countries had been made in compliance with the appropriate directions.

The Committee notes these indications. It notes that the Government's report refers in general terms to the embargo as the reason of the difficulties but does not contain any further details. The Committee again requests the Government to indicate what measures have been taken or envisaged concerning the protection of wages of non-Arab foreign workers. It also asks the Government to communicate copies of existing bilateral agreements concerning the payment of wages to foreign workers, including, in particular, the above-mentioned Agreement with the Philippines, as well as a copy of the directions regulating the remittance of migrant workers' wages to the foreign countries.

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

1. The Committee notes that the Governing Body adopted at its 250th Session (May-June 1991) the report of the Committee set up for the examination of the representation made by the Federation of Egyptian Trade Unions under article 24 of the ILO Constitution, alleging non-observance by Iraq of a certain number of Conventions, including Convention No. 95.

The Governing Body invited the Government to take all appropriate measures so that the parties may determine the number of workers involved and the amounts owed to them, to take measures necessary for the effective payment of the amounts owed to the Egyptian workers thus determined within the shortest possible period and to communicate information on the measures taken or envisaged in the report under article 22 of the Constitution.

The Committee also notes that in this connection the Federation of Egyptian Trade Unions communicated in a letter dated 13 August 1991 information gathered so far by the Government of Egypt concerning the number of Egyptian workers with assets in Iraqi banks and savings banks (which stands at 220,886), and the total amount of such assets (495,274,700 US dollars), including the amount of transfer ordered but frozen on 16 June 1991. A copy of this letter was transmitted to the Government of Iraq for comments.

In response to the recommendations of the Governing Body and to the above-mentioned communication by the Federation of Egyptian Trade Unions, the Government of Iraq supplied information as follows in letters dated 30 September and 16 November 1991, respectively:

The Government indicates that the amounts due to the Egyptian workers were paid in Iraqi dinars, except for the portion due in foreign currencies which it was impossible to pay because of the attack against Iraq and the embargo imposed, which prevents its oil export and causes the freeze of its assets in foreign banks. It again states its readiness to pay the amounts due in foreign currencies in the form of oil or any other goods agreed by the two countries. The Government also states that the transfer of the savings by Egyptian workers amounting to more than 160 million US dollars was authorised in the first half of 1990. It further declares its concern about protecting the rights and the amounts due to the Egyptian workers, and commits itself to pay the amounts due after the disappearance of the causes and circumstances mentioned above. Regarding the above information, the Government refers to a statement made by a responsible authority in the Ministry of Labour and Social Affairs and published in the journal Al Thawra of 21 August 1991.

Besides, the Government indicates that a deposit in the Bank of New York of an amount of 22 million US dollars, in the name of the Bank Al Rafidine of Cairo, was frozen, but that the Egyptian Central Bank, after having contacted with the American authorities, succeeded in unblocking the amount so as to pay certain amounts due to the Egyptian workers.

The Committee takes due note of the above information. It notes that the transfer of 160 million US dollars authorised in the first half of 1990 precedes the date (June 1991) regarding which the Federation of Egyptian Trade Unions communicated the information noted above. It requests the Government to specify whether the amount of 22 million US dollars unblocked constitutes a part of the amount of assets belonging to Egyptian workers to which the Federation of Egyptian Trade Unions refers.

The Committee requests the Government to continue supplying information on any measures taken or envisaged with the view of further determining the number of workers involved and the amounts owed to them and of the effective payment of such amounts.

2. The Committee recalls that it requested in its observation of 1990, i.e. prior to the above-mentioned representation, the Government to supply information on certain points regarding the payment of wages to foreign workers, especially those from the Philippines. It has also noted the discussions concerning the application of this Convention in Iraq and in the Philippines at the Conference Committee in June 1990, and the information supplied by the two Governments in their reports.

The Government of Iraq refers in its report for the period ending June 1990, to the provisions of Part IV of the Labour Code (Act No. 71 of 1987), concerning the protection and the payment of wages, states that the transfer of a part of wages of non-Iraqi workers is done in accordance with the instructions of competent services on the transfer to foreign countries, and indicates that, concerning the negotiation that took place in July 1990 between the Governments of Iraq and of the Philippines, it was agreed to continue applying the bilateral Manpower Agreement of 1982. An Iraqi Government representative indicated at the Conference Committee, in this regard, that his Government had agreements with other countries such as Bangladesh, Tunisia and Morocco. The Government of the Philippines provides in its report on Convention No. 95 more detailed information on the meeting in July 1990, including the discussion on arrangements on wages and remittances of Filipino workers, and indicates that subsequent meetings did not materialise as a result of Iraq's invasion of Kuwait.

The Committee takes due note of the above information. It notes that section 7 of the Labour Code prescribes the treatment of Arab workers on an equal footing with Iraqi workers in regard to the rights and duties set forth in the Code, and that the above Agreement between Iraq and the Philippines stipulates in paragraph 8 that workers (from the sending country) should enjoy the rights, duties and privileges accorded the national workers of the receiving country. Recalling that the Convention applies to all persons to whom wages are paid or payable (Article 2(1)), the Committee requests the Government to indicate what measures have been taken or envisaged concerning the protection of wages of non-Arab foreign workers except for the Filipinos, including the texts of existing agreements and/or any agreements under consideration. Please also supply further information on the regulations and procedures for the remittance of a part or all of the wages to the country of origin of the foreign workers.

The Committee further notes that the above bilateral Agreement will continue to be in force until 1992, according to the agreed minutes of the meeting of July 1990 supplied by the Philippine Government. It requests the Government of Iraq to continue supplying information on any further negotiation or agreements in this regard, as well as on any practical difficulties in the application of the Convention in relation to the protection of wages of the Filipino workers employed in Iraq.

[The Government is asked to supply full particulars to the Conference at its 79th Session and to report in detail for the period ending 30 June 1992.]

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

With reference to its previous comments, the Committee notes the discussion that took place at the Conference Committee in June 1990, and the information supplied by the Government in its last report.

The Committee also notes that a representation has been made by the Egyptian Trade Union Federation, under article 24 of the ILO Constitution, alleging non-observance by Iraq of Convention No. 95 among others (see document GB.248/20/21). Consequently, in accordance with the established practice, the Committee will revert to its examination of the questions pending concerning the application of the provisions of this Convention once the representation has been examined by the competent bodies.

Observation (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee takes note of the information provided by the Government at the Conference Committee in 1989 and in its report, in reply to the previous observations and direct requests concerning the procedures for the payment of Filipino workers engaged by the Government of Iraq.

Having been informed that discussions had begun on this subject and that a proposal had been submitted to the Government of the Philippines that these workers receive 40 per cent of their wages in Iraqi dinars, with the balance to be paid in dollar-denominated promissory notes payable in two years, in the above-mentioned comments the Committee pointed out to the governments concerned (both being parties to the Convention) that the proposal, if accepted, would be contrary to Article 3, paragraph 1, of the Convention, which prohibits the payment of wages in the form of promissory notes, vouchers or coupons, or in any other form alleged to represent legal tender.

The Committee therefore expressed the hope that the agreement to be reached between the two countries concerned following the discussions, would take account of the above-mentioned provision of the Convention and asked the Government, meanwhile, to provide detailed information on the existing arrangements for the effective payment of the Filipino workers in question.

In its statements to the Conference Committee and in its report, the Government of Iraq indicates that no agreement on this subject exists between the countries in question and that Filipino workers employed in Iraq receive the same treatment as Iraqi workers with regard to the payment of their wages, in accordance with the provisions of the Labour Code and the legislation in force. It adds that all foreign workers have the right to remit a part of their wages to their families.

The Committee takes due note of these statements. However, having noted from the statements made by the representative of the Government of the Philippines at the same session of the Conference Committee (in 1989), that the two governments have initiated negotiations with a view to reviewing the existing arrangements and signing a new agreement on the general conditions of employment of the Filipino workers, including the payment of their wages and the possibility of remitting part or all of their wages to their country of origin, it requests the Government to provide information on the results of these negotiations and to indicate (a) how and under what provisions or bilateral agreements the wages of foreign workers from countries other than the Philippines are paid, and (b) the procedures for the remittance of a part or all of these wages to the country of origin of the persons concerned.