Labour Administration Convention, 1978 (No. 150) - Iraq (Ratification: 1980)

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes the information provided by the Government in reply to its previous requests concerning: the activities of different tripartite bodies (including the occupational safety and health committees, the Wage-Fixing Committee, the National High Committee for Employment, and the Tripartite Consultative Committee) (Article 5 of the Convention), the adoption and implementation of the national employment policy that the Committee already noted under the Employment Policy Convention, 1964 (No. 122), (Article 6); and the measures taken in the framework of ILO technical assistance concerning the national employment and vocational training policy.

Legislation. The Committee notes that a new Labour Code was adopted on 15 October 2015.

Article 2. Delegation of labour administration activities. The Committee previously noted the Government’s indication that some labour administration activities in the mixed economy and cooperatives sector had been delegated to certain non-governmental organizations (NGOs). The Committee notes that the Government refers, in reply to its request concerning the relevant NGOs and their activities, to Act No. 12 of 2010 governing the establishment and organization of non-governmental organizations and Instructions No. 6 of 2010, copies of which were attached to the Government’s report. However, these legislative texts do not delegate any labour administration activities to NGOs. The Committee therefore once again requests the Government to specify the labour administration activities (if any) that have been delegated to NGOs, and the NGOs concerned.

Article 4. Organization and functioning of the system of labour administration. The Committee notes that the Government, in reply to its request on the organizational structure and roles of the bodies composing the labour administration system, refers to the Ministerial Instructions No. 1 of 2008, and Act No. 8 of 2006 on the organization of the Ministry of Labour and Social Affairs (MoSAL), but that it does not provide the requested organizational chart of the MoSAL. It also notes that the Government, in reply to the Committee’s previous request concerning the activities of these bodies, refers to the 2013 annual activity report of the Employment and Microfinance Lending Department of the MoSAL. The Committee once again requests the Government to provide an organizational chart of the MoSAL, specify the role of each of the bodies that make up the system of labour administration, and to provide information on their activities.

Article 9. Coordination of the functions and responsibilities of the system of labour administration. The Committee notes the Government’s indication that some labour administration functions have been delegated to the governorates. It also understands from the Government that it is envisaged that some labour administration functions will be delegated to actors in the private sector. The Committee requests the Government to provide more detailed information with regard to the delegation of labour administration functions to actors in the private sector, and to identify the relevant legal provisions. It also requests the Government to provide information on how the Ministry of Labour and Social Affairs ensures that all bodies to which labour inspection functions have been delegated are operating in accordance with national laws and regulations and are adhering to the objectives assigned to them.

Article 10. Human resources of the system of labour administration. The Committee notes that the Government indicates, in reply to the Committee’s previous request, that all public servants are entitled to the same remuneration rates. The Committee requests the Government to provide information on the number of staff working within the different labour administration services and to describe in detail the material means available to staff working within these services (office space and equipment, computers, printers, telephones, etc.).

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

In its previous report, the Government indicated that the draft Labour Code had been submitted to the Advisory Council for further examination. The Committee hopes that the Government will take the necessary measures for the adoption of this draft text in the very near future and will provide a copy to the ILO when it has been adopted.

Article 2 of the Convention. Delegation of labour administration activities. The Government indicates that the system of labour administration composed of the labour administration, labour inspection, the administration of training and the administration of services is still under the responsibility of the Ministry of Labour and Social Affairs. However, it indicated in its previous report that certain labour administration activities in the mixed economy and cooperatives sector have been delegated to certain non-governmental organizations. The Committee requests the Government to indicate the activities concerned and the organizations responsible.

Article 4. Organization and functioning of the system of labour administration. The Committee notes the Government’s indication that it will provide in the near future the information and texts requested on the application of this provision in law and practice. The Committee once again requests the Government to provide the organizational plan of the Ministry of Labour and Social Affairs, specify the role of each of the bodies that make up the system of labour administration, and to provide, where appropriate, indications on the matters that they have examined and the outcome of their work for the period covered by the report. It also requests the Government to provide copies or extracts from the regular reports on their activities prepared by each of the principle bodies of the labour administration.

Article 5. Consultation, cooperation and negotiation between the public authorities and employers’ and workers’ organizations. The Committee requests the Government to provide information on the activities of the different tripartite bodies, such as the wage-fixing committees, the labour inspection committees, the employment advisory committees and the safety and health committees.

Article 6. Preparation, administration, coordination, checking and review of national labour policy. The Government indicates that a preliminary draft of the national employment policy has been prepared and reviewed in cooperation with the ILO and that it is before the National High Committee for Employment for opinion prior to its submission to the Council of Ministers for adoption and implementation. The Committee requests the Government to provide a copy of this draft text as soon as it is adopted and to continue providing information on the work of the High Committee for Employment and on the outcome of the use of the national database that it has developed in light of its objectives.

The Committee also requests the Government to specify the services offered to employers and workers and their organizations to promote effective consultation and cooperation in accordance with Article 6(c).

Article 9. Coordination of the functions and responsibilities of the system of labour administration. The Committee requests the Government to specify whether labour administration activities have been delegated to regional and local bodies and to provide detailed indications of the means available to the Ministry of Labour and Social Affairs to ensure that the regional and local bodies act in conformity with national legislation and fulfil the determined objectives.

Article 10. Human resources of the system of labour administration. The Government indicates that the officials engaged in the bodies of the system of labour administration are public officials and as such are governed by the Public Service Act No. 24 of 1960. The Committee requests the Government to provide information on the staff of the labour administration and their remuneration rate in relation to other equivalent categories in the public service.

Parts V and VI of the report form. The Government indicates that a number of projects are currently being implemented in cooperation with various international organizations, including the ILO. The Committee requests the Government to provide information on the measures adopted or envisaged as a result of ILO technical assistance in relation to the organization and functioning of the labour administration and, where appropriate, any obstacles which may have prevented or delayed the adoption of such measures. The Committee also asks it to indicate any practical difficulties encountered in the application of the Convention.

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

The Committee takes due note of the general information provided by the Government on the manner in which effect is given to the provisions of the Convention. It would be grateful if it would provide, in so far as possible, additional information and copies of any documents enabling it to assess the operation in practice of the labour administration system, particularly with regard to the following points.

Article 2 of the Convention. Delegation of certain activities of labour administration. Noting that, according to the Government, certain labour administration activities, such as industrial activities in the mixed economy and cooperatives, have been delegated to certain non-governmental organizations, the Committee requests the Government to indicate precisely the labour administration activities concerned, and the non-governmental organizations to which they have been delegated.

Articles 4, 5, 6 and 9. Organization and functioning of the labour administration system. The Government is requested to provide the organizational plan of the Ministry of Labour and Social Affairs, specify the role of each of the bodies that make up the system of labour administration, and the composition and responsibilities of the administrative boards of industrial and commercial enterprises. With reference to Paragraph 20 of the Labour Administration Recommendation, 1978 (No. 158), which accompanies this Convention, the Committee would be grateful if the Government would indicate whether the boards referred to above are operational in practice and if it would provide, where appropriate, indications of the matters that they have examined during the period covered by the next report and the outcome of their work, and if it would also provide copies of regular reports on their activities or extracts from regular activity reports drawn up by each of the principal bodies of the labour administration.

The Committee notes that the general employment policy is formulated in the High Committee for Employment, which is composed of representatives of other Ministries, as well as representatives of employers’ and workers’ organizations. It notes with interest that this tripartite body has an integrated national database on the number of persons without employment, their competences and the jobs that they wish to find, as well as labour market data, and that in light of these data, and as a result of the modernization of training methods, in cooperation with the ILO, these persons can benefit from training that is adapted to their expectations. The Committee requests the Government to continue providing information on the activities of the High Committee for Employment and the results of the use of the national database referred to above in relation to the attainment of its objectives.

Article 10. Human resources of the labour administration system. The Government is requested to provide a copy of any legal texts governing the status and conditions of service of public officials assigned to the bodies of the labour administration system.

Part V of the report form. The Committee would be grateful if the Government would continue to provide information on the measures taken as a result of ILO technical assistance in relation to the organization and functioning of the labour administration, as well as on any factors which may have prevented or delayed the adoption of such measures.

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

The Committee notes the Government’s brief report referring to the matters and fields of cooperation between the labour administration and organizations of employers and workers in the private, mixed and cooperative sectors.

The Committee would be grateful if the Government would provide extracts of any periodic reports or other information issued by the principal labour administration services and covered by Paragraph 20 of Recommendation No. 158, and if it would also provide information on any difficulties of a practical nature which may have been encountered in the application of the Convention, in accordance with Part IV of the report form.