Hours of Work (Industry) Convention, 1919 (No. 1) - Iraq (Ratification: 1965)

Direct Request (CEACR) - adopted 2025, published 114th ILC session (2026)

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on working time, the Committee considers it appropriate to examine Conventions Nos 1 (hours of work (industry)), 14 (weekly rest (industry)), 30 (hours of work (commerce and offices)), 89 (night work (women)), 106 (weekly rest (commerce and offices)), 132 (holidays with pay) and 153 (hours of work and rest periods (road transport)) together.

Hours of work

Article 2 of Convention No. 1 and Article 3 of Convention No. 30. Daily and weekly limits to hours of work. The Committee notes that, according to section 67(1) of Labour Law No. 37 of 2015, daily working hours shall not exceed 8 hours per day or 48 hours per week. It further notes that section 56(1) of Law No. 24/1960 for the Civil Service provides that working hours in government offices are determined by the Cabinet from time to time, provided that the total working hours do not exceed 8 hours per day or 44 hours per week. Recalling that the Conventions set a double limit – daily and weekly – on hours of work and that this limit is cumulative, not alternative, the Committee requests the Government to provide information on the measures taken or envisaged to ensure that the normal hours of work of persons to whom these Conventions apply do not exceed 48 hours in the week and 8 hours in the day.

Article 6 of Convention No. 30. Limits on variable distribution of hours of work in exceptional circumstances. The Committee notes section 71(2) of Labour Law No. 37, which provides for a variable distribution of hours of work in exceptional cases for a specified period, provided that the average of weekly working hours does not exceed 48. The Committee recalls that Article 6 of Convention No. 30 requires both a weekly limit of 48 working hours and a daily limit of 10 working hours. Therefore, the Committee requests the Government to provide information on the measures taken or envisaged to ensure that a daily limit no longer than 10 hours is set together with the 48 hours weekly limit in exceptional cases where workers’ and employers’ associations agree to increase the working hours for a specified period, for the categories of workers covered by the Convention.

Article 6(2) of Convention No. 1 and Article 7(3) of Convention No. 30. Limits on total number of authorized overtime hours. With regard to the Committee´s previous comments, the Government refers to section 71(5)(e) of Labour Law No. 37, which establishes a limit of 40 hours of overtime for 90 days and 120 hours per year. The Committee notes this information, which addresses its previous request.

Weekly rest

Article 2(1) of Convention No. 14 and Article 2 of Convention No. 106. Public sector. The Committee notes that section 3(2)(a) of Labour Law No. 37 excludes public officials appointed in accordance with the Civil Service Law or a special legal text from the scope of application of this law. In this regard, the Committee notes that the Civil Service Law does not contain any provision on weekly rest. The Committee requests the Government to indicate the manner in which the provisions of the Conventions are applied to this category of workers.

Article 5 of Convention No. 14 and Article 8(3) of Convention No. 106. Compensatory rest. Further to its previous comments, the Committee notes the Government’s reference, in its report, to section 71(4) of Labour Law No. 37, according to which if work is undertaken during a day of rest due to the application of exemptions to the normal hours of work, the worker shall be entitled to financial compensation and a compensatory rest day the following week. In addition, the Government reports that: (i) section 70(3) of the above-mentioned law provides that if workers perform work on their weekly rest day, as agreed through collective bargaining, they shall be entitled to financial compensation and a compensatory rest day during the following week; and (ii) according to section 74(2), workers shall not be requested to work on the day of weekly rest to undertake preparatory or complementary work, or to address exceptional work load, as per section 71(3). The Committee notes this information, which addresses its previous request.

Article 7 of Convention No. 14. Notices and rosters. Following its previous comments, the Committee notes the Government’s reference to sections 68(1) and 107 of Labour Law No. 37, which establishes the employer’s obligation to post internal regulations on hours of work and rest periods in apparent locations in the workplaces. The Committee notes this information, which addresses its previous request.

Annual holidays with pay

Article 2 of Convention No. 132. Scope of application. Further to its previous comments, the Government reports that public officials excluded from the application of Labour Law No. 37 (section 3(2)(a)) are subject to Law No. 24/1960 for the Civil Service and that, according to section 43(1) therein, an employee is entitled to regular leave with full pay at the rate of one day for every ten days of service. The Committee notes this information, which addresses its previous request.

Article 12. Prohibition to forego annual holidays for monetary compensation. Further to its previous comments, the Committee notes that, according to section 78(2) of Labour Law No. 37, when a worker has not taken annual leave as a result of the employer’s refusal to grant it, financial compensation shall be granted. In this regard, the Committee recalls that the Convention prohibits the replacement of the annual holiday by the payment of cash compensation (except in the case of the termination of the employment relationship) in order to ensure that workers effectively enjoy their acquired holiday rights in the form of a sufficient period of rest and leisure necessary for their health and well-being (2018 General Survey on working time, paras 373 and 374). The Committee requests the Government to provide information on the measures taken or envisaged to ensure that workers are granted annual holidays with pay regardless of any financial compensation.

Night work (women)

Article 3 of the Convention. General prohibition of night work for women. Following its previous comments, the Committee notes the Government’s reference to section 86(1) of Labour Law No. 37, which provides that it shall be prohibited to make women work at night, unless the performance of night work is necessary, as a result of a force majeure, for preserving raw materials or perishable products, or if a force majeure led to an unexpected suspension of the work at an enterprise, provided this is not repeated. It also indicates that this provision aims at avoiding breaking up families. In this regard, the Committee recalls that protective measures applicable to women’s employment at night which go beyond maternity protection and are based on stereotyped perceptions regarding women’s professional abilities and role in society, violate the principle of equality of opportunity and treatment between men and women (2018 General Survey on working time, paras 408 and 545). The Committee draws the Government’s attention to the fact that Convention No. 89 will be open for denunciation between 27 February 2031 and 27 February 2032.

Hours of work in road transport

Articles 6 and 10 of the Convention. Maximum total driving time. Enforcement measures. Further to its previous comments on the maximum total driving time, the Committee notes that the Government refers to section 71(5)(d) of Labour Law No. 37 and section 3 of Instructions No. 2 of 2017 concerning the recruitment of drivers in work requiring continuous driving, which set out a daily limit of nine hours and a weekly limit of 48 hours of driving time in road transport, including overtime. Given the absence of information with regard to individual control books and the maintenance of appropriate records, the Committee requests the Government to provide information on the measures taken or envisaged to ensure that: (i) an individual control book is provided and the conditions of its issue, its contents and the manner in which it shall be kept by the drivers is prescribed; (ii) a procedure for notification of the hours worked and the circumstances justifying them is laid down; and (iii) each employer keeps a record indicating the hours of work and of rest of every driver employed and places this record at the disposal of the supervisory authorities, in accordance with Article 10 of the Convention.

Technical assistance. The Committee notes the Government’s indication that certain concepts of the Convention are unfamiliar. The Committee recalls that the Government may avail itself of the technical assistance of the Office in this regard.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Article 6(2) of the Convention. Limits on total number of authorized overtime hours. The Committee has been drawing the Government’s attention to section 63(2)(b) of the Labour Code of 1987 which provides for the possibility of working up to four additional hours per day in preparatory and supplementary work in industry, or in order to meet extraordinary work demands, without specifying however an annual limit on the maximum number of additional hours. The Committee notes, however, that section 65(5)(e) of the draft new Labour Code, as it read in the text transmitted to the Office in July 2010, introduces for the first time such a limit and provides that no worker may be employed for more than 40 hours of overtime in any 90-day period, and no more than 120 hours of overtime in any 12-month period. Noting the Government’s indication that the draft new Labour Code is now before the Parliament for examination and adoption, the Committee hopes that this provision will be adopted without modification and requests the Government to keep the Office informed of any progress in the process of adoption of the new Labour Code.

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

Article 6(2) of the Convention. Maximum limits on additional hours of work. The Committee has been commenting for a number of years on section 63(2)(b) of the Labour Code of 1987 which provides for the possibility of working up to four additional hours per day in preparatory and supplementary work in industry or in order to meet extraordinary work demands. Despite the Government’s indications in its reports of 1992 and 1998 that legislative measures had been taken to determine an annual limit on the number of additional hours and that the relevant text would be supplied as soon as it was published, the Committee notes with regret that the new draft Labour Code of 2007, which is in the process of finalization and is currently examined by the State Consultative Council, maintains the same provision in identical terms (draft section 63.6(b)). As the Committee has pointed out in previous comments, the single reference to a daily limit of overtime – without determining the maximum number of hours of overtime which may be permitted in the year – might give rise to too many weekly, monthly or annual working hours which could be inconsistent with the spirit in which this Convention was drafted.

In this regard, the Committee wishes to refer to paragraph 144 of its 2005 General Survey on hours of work in which it noted that even though the establishment of specific limits to the total number of additional hours is left to the competent authorities, it does not consider that such authorities have unlimited discretion in this regard. Such limits must be reasonable and they must be prescribed in line with the general goal of Conventions Nos 1 and 30, namely to establish the eight-hour day and 48-hour week as a legal standard of hours of work in order to provide protection against undue fatigue and to ensure reasonable leisure and opportunities for recreation and social life. The Committee hopes that in the ongoing process of revising the Labour Code, the Government will take all necessary measures to establish, within reasonable limits, the maximum number of additional hours which may be allowed in the year in respect of permanent exceptions, in conformity with the Convention. The Committee requests the Government to keep the Office informed of all future developments in this regard and to transmit a copy of the new legislation once it has been adopted.

Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes the information that a Bill is being prepared with a view to setting a limit on the number of hours of overtime which may be allowed and that a copy of it will be sent to the Office as soon as it is published. The Committee recalls that the need to bring the national legislation into conformity with Article 6 of the Convention has been the subject of comments for numerous years.

Observation (CEACR) - adopted 1993, published 80th ILC session (1993)

Article 6, paragraph 2, of the Convention. Further to its previous comments, the Committee notes with interest the Government's statement that legislative measures have been taken to fix the maximum additional hours which may be authorized. It notes that the text of the Act will be supplied as soon as it is published.

Article 8, paragraph 1(a) and (b). The Committee notes, in reply to its previous questions, instruction No. 8672 of 22 August 1989, which obliges employers to post at the workplace the hours of work and rest.

Observation (CEACR) - adopted 1989, published 76th ILC session (1989)

Article 6, paragraph 1(b), of the Convention. Further to its previous comments, the Committee notes with satisfaction that the new Labour Code, No. 71 of 1987, no longer provides for temporary exceptions to normal working hours in cases in which the work is required for development needs or in order to increase production.

Article 6, paragraph 2. The Committee notes that section 63 II(b) of the new Labour Code maintains the possibility of carrying out up to four hours of additional work per day in preparatory and supplementary work in industry or in order to meet extraordinary work demands; it notes that this provision no longer even refers to the temporary nature of the exception as did the former legislation. Such a possibility might imply considerably too many weekly or annual working hours which, in the Committee's opinion, could be in direct contradiction to the spirit in which this Convention was drafted (see in this connection the Committee's 1967 general survey on this instrument, International Labour Conference, 51st Session, 1967, Report III (Part IV), third part, paragraph 239).

The Committee would be grateful if the Government would take the appropriate measures to establish a reasonable limit, in conformity with the Convention's objectives, on the maximum number of supplementary hours which may be worked, for instance on a yearly basis.

Article 8, paragraph 1(a) and (b). The Committee notes that the new Labour Code contains no provisions on posting notices of working hours and rest periods. It requests the Government to take the measures necessary to give effect to these provisions of the Convention.