Demande directe (CEACR) - adoptée 2015, publiée 105ème session CIT (2016)

Convention (n° 150) sur l'administration du travail, 1978 - Iraq (Ratification: 1980)

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.).