Demande directe (CEACR) - adoptée 2011, publiée 101ème session CIT (2012)

Convention (n° 95) sur la protection du salaire, 1949 - Iraq (Ratification: 1960)

Article 3(1) of the Convention. Payment of money wages in legal tender. The Committee notes that whereas section 42(2) of the Labour Code of 1987 provides for the payment of wages exclusively in Iraqi currency, section 44.1 of the new draft Labour Code provides that the payment of wages shall be made in legal tender unless otherwise stipulated in the employment contract. Recalling that Article 3 of the Convention requires wages to be paid in legal tender and prohibits the payment in the form of promissory notes, vouchers or coupons, or in any form alleged to represent legal tender, the Committee requests the Government to provide additional explanations on the scope and content of this draft provision.

Article 4. Partial payment of wages in kind. The Committee recalls its previous comment in which it noted the absence of provisions in national legislation giving effect to Article 4(2) of the Convention and suggested that measures be adopted in this regard. In its reply, the Government indicates that the relevant provisions of the new draft Labour Code, currently being examined, will be reviewed in the light of the Committee’s recommendations. The Committee recalls that the Convention permits the partial payment of wages in the form of allowances in kind only where so authorized under national laws or regulations, collective agreements or arbitration awards (but not individual agreements), and on condition that measures are taken in order to ensure that such allowances are appropriate for the personal use and benefit of the worker and his/her family and the value attributed to them is fair and reasonable. While noting the Government’s statement that the conditions under which a wage may be paid in kind are to be agreed upon by the parties to the employment relationship, the Committee is obliged to point out (see paragraphs 106 and 217 of the 2003 General Survey on the protection of wages) that the Convention makes exclusive reference to national laws, collective agreements and arbitration awards as being the only valid legal bases for partially paying wages in kind. The aim is clearly to exclude “private” arrangements which might involve abusive pay conditions or unsolicited payments in kind to the detriment of the worker’s earnings. The Committee therefore requests the Government to take the necessary measures to ensure that the revised Labour Code gives full effect to the requirements of Article 4 of the Convention and to keep the Office informed of any developments in this regard.

Part V of the report form. Practical application. The Committee would be grateful if the Government would continue to provide general information on the application of the Convention, including, for instance, the approximate number of workers covered by the relevant legislation, and extracts from reports of the inspection services showing the number of all wages-related infringements reported and sanctions imposed.