Hours of Work (Commerce and Offices) Convention, 1930 (No. 30) - Iraq (Ratification: 1962)

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Article 7(3) of the Convention. Limits on total number of authorized overtime hours. Further to its previous comment, the Committee notes the Government’s statement that the issue of limits of authorized overtime hours will be submitted to the House of Representatives, with the aim to maintain section 65(5)(e) of the draft Labour Code, which gives effect to this Article of the Convention. In this connection, the Committee understands that on 4 January 2014, new discussions have been initiated before the Parliament in order to adopt the new Labour Code and that they are still pending. It also understands that a new section has been introduced, which provides that no worker may be employed for more than 40 hours of overtime in any 90-day period, and no more than 120 hours of overtime in any 12-month period. The Committee hopes that this provision will be adopted without modification and requests the Government to continue to provide information on any progress in the process of adoption of the new Labour Code.

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

Article 7(3) of the Convention. Limits on total number of authorized overtime hours. The Committee has been drawing the Government’s attention to section 63(2)(c) of the Labour Code of 1987 which provides for the possibility of working up to four additional hours per day in non-industrial activities, without specifying however an annual limit on the maximum number of additional hours. The Committee notes, however, that section 65(5)(e) of the draft new Labour Code, as it reads in the text transmitted to the Office in July 2010, introduces for the first time such a limit and provides that no worker may be employed for more than 40 hours of overtime in any 90-day period, and no more than 120 hours of overtime in any 12-month period. Noting the Government’s indication that the draft new Labour Code is now before the parliament for examination 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 in the process of adoption of the new Labour Code.

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

Article 7, paragraph 3, of the Convention. Maximum limits on additional hours of work. The Committee has been commenting for a number of years on section 63(2)(c) of the Labour Code of 1987 which provides for the possibility of working up to four additional hours in a day in non-industrial activities. Despite the Government’s indications in its reports of 1992 and 1998 that legislative measures had been taken to determine an annual limit on the number of additional hours and that the relevant text would be supplied as soon as it was published, the Committee notes with regret that the new draft Labour Code of 2007, which is in the process of finalization and is currently examined by the State Consultative Council, maintains the same provision in identical terms (draft section 63.6(c)). As the Committee has pointed out in previous comments, the single reference to a daily limit of overtime – without determining the maximum number of hours of overtime which may be permitted in the year – can imply weekly or annual working hours that are far too high and which could be contrary to the spirit of the Convention. In this regard, the Committee wishes to refer to paragraph 144 of its 2005 General Survey on hours of work in which it noted that even though the establishment of specific limits to the total number of additional hours is left to the competent authorities, this does not mean that such authorities have unlimited discretion in this regard. Such limits must be reasonable and they must be prescribed in line with the general goal of Conventions Nos 1 and 30, namely to establish the eight-hour day and 48-hour week as a legal standard of hours of work in order to provide protection against undue fatigue and to ensure reasonable leisure and opportunities for recreation and social life. The Committee hopes that in the ongoing process of revising the Labour Code, the Government will take all necessary measures to establish, within reasonable limits, the maximum number of additional hours which may be allowed in the year in respect of temporary exceptions, as required by this Article of the Convention. 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 legislation once it has been adopted.

Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

With respect to the application of Article 7, paragraph 3, of the Convention, the Committee takes note of the brief details contained in the Government's report indicating that an act is being prepared to determine the limit of the number of additional hours which may be authorized and that a copy of the text will be sent to the ILO after adoption. The Committee recalls that the need to bring the national legislation into conformity with this Article of the Convention has been the subject of comments for very many years.

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

Article 7, paragraph 3, of the Convention. Further to its previous comments, the Committee notes with interest the statement by the Government to the effect that legislative measures have been taken to determine the number of additional hours of work which may be allowed in accordance with this provision of the Convention. It notes that the text of the Act will be supplied as soon as it has been published.

Article 11, paragraph 2(a) and (b). The Committee notes, in reply to its previous questions, Instructions No. 8672 of 22 August 1989 which establish the obligation for employers to post at the workplace hours of work and rest periods.

Observation (CEACR) - adopted 1989, published 76th ILC session (1989)

Article 7, paragraph 2, of the Convention. Further to its previous comments, the Committee notes with satisfaction that the new Labour Code No. 71 of 1987 no longer provides for temporary exceptions to normal working hours in the event of work being required for the purposes of developing or increasing production.

Article 7, paragraph 3. The Committee takes note of section 63 II(c) of the new Labour Code which maintains the possibility of working up to four additional hours in a day in non-industrial activities. This possibility can imply weekly or annual working hours that are far too high and which, in the Committee's opinion, could be contrary to the spirit in which the Convention was formulated (see in this connection the Committee's General Survey on this instrument, ILC, 51st Session, 1967, Report III (Part IV), third part, para. 239).

The Committee would be grateful if the Government would take the necessary measures to establish, within reasonable limits, the maximum number of additional hours which may be allowed in the year, in accordance with this provision of this Convention.

Article 11, paragraph 2(a) and (b). See under Convention No. 1, Article 8, paragraph 1(a) and (b), as follows:

Article 6, paragraph 1(b), of the Convention. Further to its previous comments, the Committee notes with satisfaction that the new Labour Code, No. 71 of 1987, no longer provides for temporary exceptions to normal working hours in cases in which the work is required for development needs or in order to increase production.

Article 6, paragraph 2. The Committee notes that section 63 II(b) of the new Labour Code maintains the possibility of carrying out up to four hours of additional work per day in preparatory and supplementary work in industry or in order to meet extraordinary work demands; it notes that this provision no longer even refers to the temporary nature of the exception as did the former legislation. Such a possibility might imply considerably too many weekly or annual working hours which, in the Committee's opinion, could be in direct contradiction to the spirit in which this Convention was drafted (see in this connection the Committee's 1967 general survey on this instrument, International Labour Conference, 51st Session, 1967, Report III (Part IV), third part, paragraph 239).

The Committee would be grateful if the Government would take the appropriate measures to establish a reasonable limit, in conformity with the Convention's objectives, on the maximum number of supplementary hours which may be worked, for instance on a yearly basis.

Article 8, paragraph 1(a) and (b). The Committee notes that the new Labour Code contains no provisions on posting notices of working hours and rest periods. It requests the Government to take the measures necessary to give effect to these provisions of the Convention.