Solicitud directa (CEACR) - Adopción: 1989, Publicación: 76ª reunión CIT (1989)

Convenio sobre las vacaciones pagadas (revisado), 1970 (núm. 132) - Iraq (Ratificación : 1974)

1. In the direct request it made in 1987 the Committee noted the Government's statement to the effect that the competent authorities had been notified of the need to amend a number of provisions of Act No. 24 of 1960 on the public service in order to bring them into conformity with Articles 9 and 11 of the Convention. It notes from the Government's last report that, in the opinion of the competent authority (the Ministry of Finance), the Convention does not apply to officials covered by the Act on the public service. In this connection, the Committee wishes to emphasise that, with the exception of seafarers, no employed person is excluded from the scope of the Convention (Article 2, paragraph 1) and that the Goverment had not indicated, in its first report, that it had availed itself of the possibility of excluding officials from the scope of the Convention (Article 2, paragraphs 2 and 3). In the circumstances, the Committee is bound to recall its previous comments which read as follows:

Article 9, paragraph 1, of the Convention. By virtue of sections 43(3) and 48(3) of Act No. 24 of 1960, it is permitted to accumulate up to 180 and 100 days of leave respectively for officials and employees, while under the Convention, a part of the holiday consisting of at least two uninterrupted working weeks must be taken in a period of at most one year and the rest of the holiday in a period of at most 18 months, calculated from the end of the year in which the holiday entitlement had arisen.

Article 11. In case of termination of the employment relation following dismissal or resignation (ss. 45(1) and 49), officials do not appear to benefit either from a paid holiday in proportion to the length of service nor from paid compensation. The same is true for employees in schools who terminate their service during the first half of the school year (s. 48(10)).

The Committee requests the Government to re-examine its position and to take the necessary measures to bring the Act on the public service into conformity with the above provisions of the Convention.

2. The Committee notes the new Labour Code, 1987, and wishes to draw the Government's attention to the following points:

Article 8, paragraph 2. By virtue of section 69(II), in the event of leave being divided up, at least six continuous working days of leave shall be taken at one time, whereas, in accordance with this provision of the Convention, one of the parts shall consist of at least two uninterrupted working weeks (unless otherwise provided in an agreement binding upon the employer and the employed person concerned).

Article 9, paragraph 1. In the event of the deferral of a part of the holiday (under the conditions set out in section 73(III)), the worker is entitled to compensation whereas, according to this provision of the Convention, the remainder of the holiday must be taken no later than 18 months from the end of the year in respect of which the holiday entitlement has arisen.

The Committee hopes that the Government will take the necessary measures to bring the legislation into conformity with the Convention on the above points.

3. The Committee requests the Government to indicate the measures that have been taken to give effect to the provisions of Article 6, paragraph 1, of the Convention.