Hours of Work and Rest Periods (Road Transport) Convention, 1979 (No. 153) - Iraq (Ratification: 1985)

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Articles 6 and 10 of the Convention. Maximum total driving time – Enforcement measures. In its previous comments, the Committee has drawn the Government’s attention to the fact that the labour legislation in force does not specify the maximum total driving time per day nor does it provide for reduced total driving time in the case of road transport activities carried out in particularly difficult conditions, as prescribed by Article 6 of the Convention. In addition, the Committee has requested the Government to indicate how effect is given to Article 10 of the Convention, in particular as regards the issue of individual control books and the maintenance of appropriate records.

The Committee understands that section 65(5)(d) of the new draft Labour Code, as it reads in the text that was communicated to the Office in July 2010, provides for the first time that, in road transport, working hours, including overtime hours, may not exceed nine hours per day and 48 hours per week while ministerial regulations will determine the reduced total driving hours in the event of driving in arduous situations thus bringing the national legislation into line with the requirements of the Convention. The Committee therefore expresses once again the hope that draft section 65(5)(d) will be adopted without modification and requests the Government to transmit a copy of the new legislative text once it has been adopted. As regards enforcement measures, the Committee would appreciate receiving sample copies of drivers’ control books, records kept by employers for inspection purposes, or any other means of supervision and control established in accordance with Article 10 of the Convention.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Articles 6 and 10 of the Convention. Maximum total driving time. Individual control book. The Committee has been requesting the Government for a number of years to provide copies of any relevant laws and regulations or administrative instructions fixing the maximum permissible number of hours of driving per day and any reduced total driving time for transport activities carried out in particularly difficult conditions, as required under Article 6(1) and (3) of the Convention. The Committee has also been requesting the Government to provide sample copies of drivers’ individual control books and of the approved form for record keeping, as prescribed by Article 10(1) and (2) of the Convention. The Committee notes that, over the past 20 years, the Government has provided very limited information as regards the manner in which core requirements of the Convention, such as the limit on daily hours of work and adequate enforcement measures, are given effect in either law or practice.

In its last report, the Government makes renewed reference to the general provisions on hours of work contained in the Labour Code of 1987, which, however, do not give effect to the specific requirements of Article 6 of the Convention, i.e. maximum total driving time of nine hours per day, possible averaging of hours of work over a reference period longer than a week, and reduced total driving time for particularly difficult transport activities. The Committee recalls that in earlier reports the Government had referred to practical and administrative measures concerning the work of drivers that ensure that the workday does not exceed nine hours but has never provided further details nor has it ever transmitted copies of any relevant texts. However, the Committee notes that section 65(5)(d) of the new draft Labour Code, as it reads in the text that was communicated to the Office in July 2010, specifically provides that, in road transport, working hours, including overtime hours, may not exceed nine hours per day and 48 hours per week while Ministerial regulations will determine the reduced total driving hours in the event of driving in arduous situations. Noting that the new draft Labour Code is now before Parliament for final consideration and adoption, the Committee hopes that this provision will be adopted without modification and requests the Government to keep the Office informed of any progress made regarding the adoption of the relevant ministerial regulations.

Moreover, with respect to measures of supervision and control, the Government had previously indicated that arrangements would be made with the Ministry of Transport in order to obtain a specimen copy of the drivers’ individual control book but to date no such copy has been forwarded to the Office. The Committee would appreciate receiving sample copies of drivers’ control books, records kept by employers for inspection purposes, or any other means of supervision established in accordance with Article 10 of the Convention.

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

Article 6, paragraph 3, of the Convention. Transport activities carried out in particularly difficult conditions. The Committee recalls its previous comment in which it had requested the Government to supply any decisions taken as regards transport activities carried out in particularly difficult conditions and, in particular, the drivers concerned and the reduced total driving times applicable to them. The Committee notes the Government’s statement that daily and weekly limits to hours of work are determined in accordance with the Labour Code and may not exceed 48 hours per week. 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 examined by the State Consultative Council. In this connection, the Committee notes that section 59(3) of the new draft Labour Code provides that the number of hours of work per day is reduced for work that is arduous or harmful to the health. These types of work, and the maximum number of working hours applicable to them, will be determined by instructions to be issued by the Ministry, based on proposals of the National Center for Occupational Health and Safety. The Committee 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 10. Individual control book. Further to its previous comment on this point, the Committee notes the Government’s indication that arrangements will be made with the Ministry of Transport and Road Transport to obtain a specimen copy of the individual control book. It requests the Government to forward such a copy once it becomes available and also to provide more detailed information on the conditions of issue of the individual control book, its contents and the manner in which it must be kept by the drivers.

Part IV of the report form. Application in practice. The Committee notes that the Government has never supplied general information on the application of the Convention in practice. It therefore asks the Government to provide general information on the manner in which the Convention is applied in practice, including, for example, statistical information on the number of workers covered by the relevant legislation, extracts from reports of the labour inspection services showing the number and nature of infringements reported and sanctions imposed, etc.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

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 matters raised in its previous direct request, which read as follows:

The Committee notes the Government’s latest report on application of the Convention and the information supplied in reply to its previous comments. It would be grateful if it would supply further information on the following points.

Article 6, paragraph 3, of the Convention. Please provide information on any decisions taken in regard to transport activities carried out in particularly difficult conditions, and particularly the drivers concerned in this respect and the reduced total driving times applicable to them.

Article 10. Please provide more detailed information on the effect to be given to this Article by supplying a specimen copy of the individual control book and, as appropriate, the record kept by the employer indicating the hours of work and rest periods.

Part IV of the report form. Please give a general appreciation of the manner in which the Convention is applied including, for instance, extracts from the reports of the inspection services and, if such statistics are available, information on the number of employed persons covered and the number and nature of contraventions reported.

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

The Committee notes the Government’s latest report on application of the Convention and the information supplied in reply to its previous comments. It would be grateful if it would supply further information on the following points.

Article 6, paragraph 3, of the Convention.  Please provide information on any decisions taken in regard to transport activities carried out in particularly difficult conditions, and particularly the drivers concerned in this respect and the reduced total driving times applicable to them.

Article 10.  Please provide more detailed information on the effect to be given to this Article by supplying a specimen copy of the individual control book and, as appropriate, the record kept by the employer indicating the hours of work and rest periods.

Part IV of the report form.  Please give a general appreciation of the manner in which the Convention is applied including, for instance, extracts from the reports of the inspection services and, if such statistics are available, information on the number of employed persons covered and the number and nature of contraventions reported.

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

The Committee notes the information contained in the Government's report. It especially notes that presently no overtime is being worked in the public road transport enterprise. Such a situation may, however, change at any moment, and furthermore, does not describe the situation in private, mixed and cooperative enterprises with respect to overtime. Therefore, the Committee still sees itself obliged to request a detailed reply to its previous direct request, which read as follows:

Articles 1 and 2 of the Convention. According to the Government's report, wage-earning drivers working for the State are subject to the law and regulations governing public service. The Committee would like again to request whether certain persons who drive vehicles in the sectors of transport enumerated at Article 2, paragraph 1, points (a) through (f), are excluded from the application of the Convention, as permitted by this Article. Please also indicate whether adequate standards concerning driving time and rest periods of drivers so excluded, if any, have been established.

Article 3. The Committee had requested the Government to supply more detailed information on consultations which were held with representatives of organisations of employers and workers regarding the decisions taken on matters covered by the provisions of the Convention. The Committee notes that the Government, in its report, has noted generally that consultations are held between representatives of governments and organisations of employers and workers on all questions which concern labour and workers. In this connection, the Committee would request the Government to provide detailed information on the nature of these consultations and their results.

Article 6, paragraph 1. In its previous request, the Committee noted that section 63(2)(b) of the Labour Code authorises up to four hours of overtime per day which, in practice, could permit the working of a 12-hour day, in contravention of the prescriptions of the Convention. In its present report, the Government refers the Committee to the Labour Code, from which derogations are permissible for those exceptional cases provided for under article 63. The report of the Government also states that practical and administrative measures concerning the work of drivers ensure that the workday does not exceed nine hours.

In this connection, the Committee notes that article 71 of the Labour Code concerns the effect of an agreement between employer and worker under which the worker renounces, in whole or in part, his or her right to annual leave. The Committee, therefore, again would request the Government to clarify the situation as regards the legal and practical application of this provision of the Convention, including a description of the aforementioned practical and administrative measures and their relationship to article 71 of the Labour Code.

Article 10, paragraphs 1, 2 and 3. The Committee notes that, according to the report of the Government, commissions of inspection conduct on-site visits to verify the application of the Labour Code. In this connection, the Committee again would request the Government to indicate the measures which have been taken to give effect to this provision of the Convention, among other things, by providing a specimen copy of the individual control book and, as appropriate, of the record maintained by the employer of the hours of work and rest periods.

Article 12. The Committee notes that, according to the report of the Government, instructions established under the provisions of the Labour Code, Title V (Hours of Work and Rest Periods), chapter one (Hours of Work) and chapter two (Rest Periods), and Title VI (Protection of Work and Workers), chapter five (Inspection of Work) and directives addressed to the commissions of inspection, ensure the application of this provision of the Convention.

In this connection, the Committee would request the Government to provide detailed information on which instructions, provisions and regulations have been issued in application of the Labour Code or taken to give effect to the provisions of the Convention. The Committee also would request the Government to supply copies of the same.

Point IV of the report form. The Committee again would request the Government to supply it with general information on the manner in which the Convention is applied including, among other things, extracts from the reports of the inspection services.

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

The Committee notes the Government's report, which replies to the Committee's previous direct requests. The Committee would be grateful if the Government, in its forthcoming report to the Committee, would supply further information on the following:

Articles 1 and 2 of the Convention. According to the Government's report, wage-earning drivers working for the State are subject to the law and regulations governing public service. The Committee would like again to request whether certain persons who drive vehicles in the sectors of transport enumerated at Article 2, paragraph 1, points (a) through (f), are excluded from the application of the Convention, as permitted by this Article. Please also indicate whether adequate standards concerning driving time and rest periods of drivers so excluded, if any, have been established.

Article 3. The Committee had requested the Government to supply more detailed information on consultations which were held with representatives of organisations of employers and workers regarding the decisions taken on matters covered by the provisions of the Convention. The Committee notes that the Government, in its report, has noted generally that consultations are held between representatives of governments and organisations of employers and workers on all questions which concern labour and workers. In this connection, the Committee would request the Government to provide detailed information on the nature of these consultations and their results, as well as to indicate to which organisations copies of the Government's report on the Convention were transmitted.

Article 6, paragraph 1. In its previous request, the Committee noted that section 63(2)(b) of the Labour Code authorises up to four hours of overtime per day which, in practice, could permit the working of a 12-hour day, in contravention of the prescriptions of the Convention. In its present report, the Government refers the Committee to the Labour Code, from which derogations are permissible for those exceptional cases provided for under article 63. The report of the Government also states that practical and administrative measures concerning the work of drivers ensure that the workday does not exceed nine hours.

In this connection, the Committee notes that article 71 of the Labour Code concerns the effect of an agreement between employer and worker under which the worker renounces, in whole or in part, his or her right to annual leave. The Committee, therefore, again would request the Government to clarify the situation as regards the legal and practical application of this provision of the Convention, including a description of the aforementioned practical and administrative measures and their relationship to article 71 of the Labour Code.

Article 10, paragraphs 1, 2 and 3. The Committee notes that, according to the report of the Government, commissions of inspection conduct on-site visits to verify the application of the Labour Code. In this connection, the Committee again would request the Government to indicate the measures which have been taken to give effect to this provision of the Convention, among other things, by providing a specimen copy of the individual control book and, as appropriate, of the record maintained by the employer of the hours of work and rest periods.

Article 12. The Committee notes that, according to the report of the Government, instructions established under the provisions of the Labour Code, Title V (Hours of Work and Rest Periods), chapter one (Hours of Work) and chapter two (Rest Periods), and Title VI (Protection of Work and Workers), chapter five (Inspection of Work) and directives addressed to the commissions of inspection, ensure the application of this provision of the Convention.

In this connection, the Committee would request the Government to provide detailed information on which instructions, provisions and regulations have been issued in application of the Labour Code or taken to give effect to the provisions of the Convention. The Committee also would request the Government to supply copies of the same.

Point IV of the report form. The Committee again would request the Government to supply it with general information on the manner in which the Convention is applied including, among other things, extracts from the reports of the inspection services.

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

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 matters raised in its previous direct request, which read as follows:

The Committee notes the Government's first report, which contains brief information on the application of the provisions of the Convention. It requests the Government to supply a complete report, in accordance with the report form for this Convention and, in particular, to supply additional information on the application of the following Articles:

Articles 1 and 2 of the Convention. The Committee notes that the Labour Code applies to workers employed in the private, mixed and co-operative sectors. It requests the Government to indicate the legislation that applies to wage-earning drivers working for the State, or to indicate whether certain drivers have been excluded from the application of the Convention, as authorised by Article 2.

Article 3. Please supply more detailed information on the consultations that were held with the organisations of employers and workers concerned regarding the decisions taken on matters covered by the provisions of the Convention.

Article 6, paragraph 1. Section 63(2)(b) of the Labour Code authorises up to four hours of overtime per day. The total working hours in the day could therefore reach 12, whereas this provision of the Convention prescribes that the total driving time, including overtime, shall not exceed nine hours per day. The Committee requests the Government to supply the necessary information to clarify the legal situation in this respect.

Article 8, paragraph 5. Please state how effect is given to this provision of the Convention.

Article 10, paragraphs 1, 2 and 3. Please indicate the measures that have been taken to give effect to these provisions of the Convention, by providing a specimen copy of the individual control book and, as appropriate, of the record maintained by the employer of the hours of work and rest periods.

Article 12. In addition to the Labour Code, the Government refers to "laws, instructions and regulations", without giving any other details. Please indicate the specific regulations that have been issued in application of the Labour Code or taken to give effect to the provisions of the Convention.

Point IV of the report form. Please supply general information on the manner in which the Convention is applied including, for instance, extracts from the reports of the inspection services.

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

The Committee notes the Government's first report, which contains brief information on the application of the provisions of the Convention. It requests the Government to supply a complete report, in accordance with the report form for this Convention and, in particular, to supply additional information on the application of the following Articles:

Articles 1 and 2 of the Convention. The Committee notes that the Labour Code applies to workers employed in the private, mixed and co-operative sectors. It requests the Government to indicate the legislation that applies to wage-earning drivers working for the State, or to indicate whether certain drivers have been excluded from the application of the Convention, as authorised by Article 2.

Article 3. Please supply more detailed information on the consultations that were held with the organisations of employers and workers concerned regarding the decisions taken on matters covered by the provisions of the Convention.

Article 6, paragraph 1. Section 63(2)(b) of the Labour Code authorises up to four hours of overtime per day. The total working hours in the day could therefore reach 12, whereas this provision of the Convention prescribes that the total driving time, including overtime, shall not exceed nine hours per day. The Committee requests the Government to supply the necessary information to clarify the legal situation in this respect.

Article 8, paragraph 5. Please state how effect is given to this provision of the Convention.

Article 10, paragraphs 1, 2 and 3. Please indicate the measures that have been taken to give effect to these provisions of the Convention, by providing a specimen copy of the individual control book and, as appropriate, of the record maintained by the employer of the hours of work and rest periods.

Article 12. In addition to the Labour Code, the Government refers to "laws, instructions and regulations", without giving any other details. Please indicate the specific regulations that have been issued in application of the Labour Code or taken to give effect to the provisions of the Convention.

Part IV of the report form. Please supply general information on the manner in which the Convention is applied including, for instance, extracts from the reports of the inspection services.