Solicitud directa (CEACR) - Adopción: 1993, Publicación: 80ª reunión CIT (1993)

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

Further to its observation, the Committee 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:

Article 8, paragraph 2, of the Convention. By virtue of section 69(II) of the Labour Code, 1987, in the event of leave being divided, only six continuous working days of leave must be taken at one time, whereas under the Convention one period of leave must consist of at least two uninterrupted working weeks (unless otherwise provided in an agreement applicable to the employer and the employed person concerned).

Article 9, paragraph 1. 1. 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 in the public service, 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 arises.

2. In the event of the deferral of a part of the holiday (under the conditions set out in section 73(III) of the Labour Code, 1987), the worker is entitled to compensation, whereas under 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 arises.

Article 11. In case of termination of the employment relation following dismissal or resignation (sections 45(1) and 49 of Act No. 24 of 1960), officials do not appear to benefit either from a paid holiday in proportion to the length of service or from paid compensation. The same is true for employees in schools who terminate their service during the first half of the school year (section 48(10)).

It also requested the Government to indicate the measures taken to give effect to the provisions of Article 6, paragraph 1, of the Convention (public and customary holidays not to be counted as part of the minimum holiday with pay).

The Committee notes the Government's indication that the provisions of Act No. 24 of 1960 on the public service and the Labour Code, 1987, which the Committee has previously commented upon, are being reviewed with a view to taking the necessary measures to bring them into conformity with the Convention. It hopes that the Government will soon be able to indicate that the necessary modifications have been made.