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 2014, published 104th ILC session (2015)

Article 7(3) of the Convention. Limits on total number of authorized overtime hours. Further to its previous comment, the Committee notes the Government’s statement that the issue of limits of authorized overtime hours will be submitted to the House of Representatives, with the aim to maintain section 65(5)(e) of the draft Labour Code, which gives effect to this Article of the Convention. In this connection, the Committee understands that on 4 January 2014, new discussions have been initiated before the Parliament in order to adopt the new Labour Code and that they are still pending. It also understands that a new section has been introduced, which 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. The Committee hopes that this provision will be adopted without modification and requests the Government to continue to provide information on any progress in the process of adoption of the new Labour Code.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Article 3 of the Convention. General prohibition of night work for women. Further to its previous comment, the Committee notes the Government’s indication that the issue of restrictions concerning the employment of women during the night will be submitted to the House of Representatives, with the aim to carry necessary amendments to the new draft Labour Code, based on the Committee’s comments. The Committee further notes the Government’s indication that a possible ratification of the Night Work Convention, 1990 (No. 171), is difficult at the present time since Iraq is undergoing an economic, legislative and social transitional phase aimed at putting its legislation in accordance with its economic policies. In this connection, the Committee understands that on 4 January 2014, new discussions have been initiated before the Parliament in order to adopt the new Labour Code and that they are still pending. It also understands that night work for women is still prohibited under section 78 of the draft Labour Code, unless the night work is necessary, or as a result of force majeure, for preserving raw material or perishable products. The Committee requests the Government to review in a timely manner all legislative restrictions concerning the employment of women during the night to give full effect to the provisions of the Convention and to provide information on any progress in the process of adoption of the new Labour Code.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Article 5 of the Convention. Total or partial exceptions. Compensatory rest. The Committee requests the Government to refer to its latest comments made under Articles 8 and 11 of the Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106).

Article 7. Notices and rosters. The Committee had noted in its previous comment that section 101(1) of the draft new Labour Code, as it read in the text transmitted to the Office in July 2010, contained a relevant provision and required the employer to post in an apparent location at the workplace the internal regulations of the enterprise specifying the working hours and rest periods, provided that a copy was sent to the labour inspection committee. In this connection, the Committee understands that new discussions were initiated in January 2014 before the Parliament in order to adopt the new Labour Code and that they are still ongoing. The Committee therefore requests the Government to continue to provide information on the progress made in connection with the adoption of the new Labour Code and to indicate whether section 101(1) has been maintained in the final text, and to transmit a copy of the new Labour Code once it is adopted.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Article 2 of the Convention. Scope of application. The Committee understands that in January 2014, new discussions have been initiated before the Iraqi Parliament in order to adopt the new Labour Code and that they are still pending. However, it further notes that this new text covers only the private sector and makes no reference to the public sector. In this connection, the Committee draws the Government’s attention to Article 2(1) of the Convention, which expressly states that the Convention applies to all employed persons, with the exception of seafarers. The Committee therefore requests the Government to provide in its next report clarifications on how the new Labour Code will give effect to this Article of the Convention.

Article 12. Prohibition to forgo annual holidays for monetary compensation. The Committee notes that section 72(3) of the draft Labour Code, as communicated to the International Labour Office in July 2010, continues to permit monetary compensation in lieu of annual leave in case the employer refuses to grant such leave and, accordingly, would not be in line with the requirements of the Convention. The Committee recalls, in this respect, that the Convention prohibits annual holiday from being replaced by cash compensation (except in case of termination of the employment relationship) so as 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. The Committee therefore requests the Government to ensure that the new Labour Code will guarantee the effective exercise of the right to annual paid holidays for workers, irrespective of any cash compensation paid by the employer.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Article 7 of the Convention. Notices and rosters. The Committee recalls its previous comments in which it requested the Government to indicate how effect is given to the requirement for notices to be posted conspicuously in the establishment, or rosters to be drawn in a manner approved by the competent authority, with a view to informing the workers of the days and hours of collective rest applicable to them. The Committee notes that section 101(1) of the draft new Labour Code, as it read in the text transmitted to the Office in July 2010, now contains a relevant provision and requires the employer to post in an apparent location at the workplace the internal regulations of the enterprise specifying the working hours and rest periods provided a copy is sent to the labour inspection committee. Noting that the draft new Labour Code is now being examined by representatives of different ministries, employers’ and workers’ organizations and civil society organizations, 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.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Article 3 of the Convention. General prohibition of night work for women. The Committee notes that section 80 of the new draft Labour Code, which reproduces textually section 83 of the current Labour Code, provides for a general prohibition of women’s night work and a compulsory rest of 11 consecutive hours, including seven night hours falling between 9 p.m. and 6 a.m., giving therefore full effect to the basic requirement of the Convention. The Committee has been drawing the Government’s attention, however, to the fact that in light of the overriding principle of gender equality and equal treatment between men and women, it would be necessary to consider lifting all restrictions on women’s night work and adopting legislation regulating the harmful effects of night work for men and women alike. As the Committee has pointed out in paragraph 161 of its 2001 General Survey on night work of women in industry, achieving effective equality of rights for both sexes requires “a critical re-examination of provisions which are assumed to be ‘protective’ towards women, but which in fact have the effect of hindering the achievement of effective equality by perpetuating or consolidating their disadvantaged employment situation”. The Committee further recalls that member States are under an obligation to review periodically their protective legislation in light of scientific and technological knowledge with a view to revising all gender-specific provisions and discriminatory constraints. This obligation stems from Article 11(3) of the 1979 UN Convention on the Elimination of All Forms of Discrimination against Women (to which Iraq has been a party since August 1986). The Committee once again requests the Government to review in a timely manner all legislative restrictions concerning the employment of women during the night with due regard to the relevant provisions of the Night Work Convention, 1990 (No. 171), and to keep the Office informed of any decision envisaged or taken with respect to the eventual ratification of that instrument.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Article 12 of the Convention. Prohibition to forgo annual holidays for monetary compensation. The Committee notes that section 72(3) of the draft new Labour Code, in its version communicated to the International Labour Office in July 2010, has not yet been brought into line with the requirements of the Convention, as it permits monetary compensation in lieu of annual leave in case the employer refuses to grant such leave. The Committee recalls, in this connection, that the Convention prohibits the annual holiday to be replaced by the payment of cash compensation (except in case of 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. The Committee therefore requests the Government to take the necessary steps to ensure that the new Labour Code, which is now at its final stage of preparation, guarantees that workers do not lose their holiday entitlement, even if they do not exercise it, irrespective of any cash compensation paid by the employer.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Articles 6 and 10 of the Convention. Maximum total driving time – Enforcement measures. In its previous comments, the Committee has drawn the Government’s attention to the fact that the labour legislation in force does not specify the maximum total driving time per day nor does it provide for reduced total driving time in the case of road transport activities carried out in particularly difficult conditions, as prescribed by Article 6 of the Convention. In addition, the Committee has requested the Government to indicate how effect is given to Article 10 of the Convention, in particular as regards the issue of individual control books and the maintenance of appropriate records.

The Committee understands that section 65(5)(d) of the new draft Labour Code, as it reads in the text that was communicated to the Office in July 2010, provides for the first time that, in road transport, working hours, including overtime hours, may not exceed nine hours per day and 48 hours per week while ministerial regulations will determine the reduced total driving hours in the event of driving in arduous situations thus bringing the national legislation into line with the requirements of the Convention. The Committee therefore expresses once again the hope that draft section 65(5)(d) will be adopted without modification and requests the Government to transmit a copy of the new legislative text once it has been adopted. As regards enforcement measures, the Committee would appreciate receiving sample copies of drivers’ control books, records kept by employers for inspection purposes, or any other means of supervision and control established in accordance with Article 10 of the Convention.

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.

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

Article 5 of the Convention. Total or partial exceptions. Compensatory rest. The Committee requests the Government to refer to its comments made under the Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106).

Article 7. Notices and rosters. The Committee recalls its previous comment in which it noted that neither the Labour Code of 1987 nor the new draft Labour Code provide for the obligation of the employer to make known – by means of notices posted conspicuously in the enterprise or rosters drawn up in accordance with the method approved by the legislation – the days and hours of rest applicable to the employees of the enterprise. In its last report, the Government merely indicates that sample copies of such notices will be transmitted at a later stage. Noting that the draft Labour Code is now before the Parliament for final discussion and adoption, the Committee hopes that the Government will take the necessary steps to ensure that full effect is given to this requirement of the Convention.

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

Article 7(3) of the Convention. Limits on total number of authorized overtime hours. The Committee has been drawing the Government’s attention to section 63(2)(c) of the Labour Code of 1987 which provides for the possibility of working up to four additional hours per day in non-industrial activities, 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 reads 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.

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

Article 3 of the Convention. General prohibition of night work for women. The Committee recalls its previous comment in which it drew the Government’s attention to the need to progressively eliminate any provisions contrary to the principle of equal treatment between men and women, except those connected with maternity protection, and accordingly consider the ratification of the Night Work Convention, 1990 (No. 171), which seeks to improve the quality of working life of all night workers, both men and women, in all branches and occupations. In its last report, the Government indicates that the draft new Labour Code is now before the parliament for examination and adoption without specifying, however, whether the points previously raised by the Committee in relation to the existing Labour Code of 1987 have been duly taken into account in finalizing the new legislative text. Under the circumstances, the Committee once again invites the Government to review gender-specific prohibitions or restrictions to night work and to modernize its legislation, in consultation with the social partners, and in particular with women workers, so as to ensure that the same standards of protection apply to men and women alike in accordance with the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), and the widely ratified UN Convention on the Elimination of All Forms of Discrimination against Women. The Committee accordingly requests the Government to keep the Office informed of any progress in the process of adoption of the new Labour Code and the possible ratification of Convention No. 171, and recalls that the Government may, if it so wishes, draw on the technical assistance of the Office on these matters.

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

Articles 8 and 11 of the Convention. Compensatory rest. List of exemptions. The Committee has been drawing the Government’s attention to section 61 of the Labour Code of 1987 which provides that workers performing work on the weekly rest day are entitled to either a 100 per cent wage supplement or a compensatory rest day whereas Article 8(3) of the Convention requires compensatory rest to be granted in all cases of temporary exemptions to the weekly rest period, irrespective of any financial compensation. The Committee notes, in this connection, that section 64(1) of the draft new Labour Code, as it reads in the text that was communicated to the Office in July 2010, is fully consistent with this requirement of the Convention by providing that workers working on the weekly rest day receive extra pay in accordance with rules on overtime and are also granted a compensatory day off in the following week. Noting the Government’s indication that the draft new Labour Code is now before the Parliament for examination and adoption, the Committee once again expresses the hope 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. It also requests the Government to provide with its next report, as prescribed by Article 11 of the Convention, a list of the categories of persons and the types of establishments permanently exempted from the normal weekly rest regime and accordingly subject to special weekly rest schemes as provided for in Article 7 of the Convention.

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

Article 6(1) of the Convention. Public holidays not to be counted as part of the annual holidays. In its previous comments, the Committee requested the Government to take appropriate action to ensure that the Labour Code gave effect to this Article of the Convention. The Committee notes that section 68(3) of the draft new Labour Code, as it reads in the text that was transmitted to the Office in July 2010, provides that feast days and official holidays falling during the worker’s leave shall not be included in the annual leave and, therefore, is fully consistent with Article 6(1) of the Convention. 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.

Articles 9 and 12. Postponement of annual holidays. Prohibition to forego annual holidays for monetary compensation. The Committee has been drawing the Government’s attention for a number of years to section 73(3) of the Labour Code of 1987 which provides that in case a worker is unable to take his/her annual leave with pay as a result of the employer’s refusal to grant it, the worker must receive a compensation equivalent to his/her full wages for the leave period. The Committee understands that no progress has been made on this point as section 72(3) of the draft new Labour Code, as it reads in the text that was communicated to the Office in July 2010, essentially reproduces the provision in question, while draft section 72(2) also provides for the possibility of offering cash compensation in lieu of annual holidays the worker has been deprived of. As the Committee has pointed out on a number of occasions, and as it was recalled by the Office in its technical comments transmitted to the Government in July 2010, such provisions are contrary to the Convention which prohibits the replacement of the minimum three working weeks’ annual leave by cash compensation except in the case of termination of employment. Noting that the draft new Labour Code is now before Parliament for examination and adoption, the Committee hopes that the Government will seize the opportunity in order to bring its legislation into conformity with the requirements of the Convention in this respect. Finally, the Committee requests the Government to provide detailed information on any measures taken or envisaged to ensure that Public Service Act No. 24 of 1960, in particular sections 43(3), 45(1), 48(10) and 49, have been amended in order to be brought into line with the requirements of Article 9 (postponement and accumulation of annual holidays) and Article 11 (proportional period of annual holidays in the event of termination of employment) of the Convention.

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

Articles 6 and 10 of the Convention. Maximum total driving time. Individual control book. The Committee has been requesting the Government for a number of years to provide copies of any relevant laws and regulations or administrative instructions fixing the maximum permissible number of hours of driving per day and any reduced total driving time for transport activities carried out in particularly difficult conditions, as required under Article 6(1) and (3) of the Convention. The Committee has also been requesting the Government to provide sample copies of drivers’ individual control books and of the approved form for record keeping, as prescribed by Article 10(1) and (2) of the Convention. The Committee notes that, over the past 20 years, the Government has provided very limited information as regards the manner in which core requirements of the Convention, such as the limit on daily hours of work and adequate enforcement measures, are given effect in either law or practice.

In its last report, the Government makes renewed reference to the general provisions on hours of work contained in the Labour Code of 1987, which, however, do not give effect to the specific requirements of Article 6 of the Convention, i.e. maximum total driving time of nine hours per day, possible averaging of hours of work over a reference period longer than a week, and reduced total driving time for particularly difficult transport activities. The Committee recalls that in earlier reports the Government had referred to practical and administrative measures concerning the work of drivers that ensure that the workday does not exceed nine hours but has never provided further details nor has it ever transmitted copies of any relevant texts. However, the Committee notes that section 65(5)(d) of the new draft Labour Code, as it reads in the text that was communicated to the Office in July 2010, specifically provides that, in road transport, working hours, including overtime hours, may not exceed nine hours per day and 48 hours per week while Ministerial regulations will determine the reduced total driving hours in the event of driving in arduous situations. Noting that the new draft Labour Code is now before Parliament for final consideration 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 made regarding the adoption of the relevant ministerial regulations.

Moreover, with respect to measures of supervision and control, the Government had previously indicated that arrangements would be made with the Ministry of Transport in order to obtain a specimen copy of the drivers’ individual control book but to date no such copy has been forwarded to the Office. The Committee would appreciate receiving sample copies of drivers’ control books, records kept by employers for inspection purposes, or any other means of supervision established in accordance with Article 10 of the Convention.

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

Article 5 of the Convention. Total or partial exceptions – compensatory rest. The Committee requests the Government to refer to its comments made under the Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106).

Article 7. Notices and rosters. The Committee notes that neither the Labour Code that is currently in force nor the draft Labour Code of 2007, in its current form, establish the requirement for the employer to make known to workers the days and hours of rest by means of notices posted conspicuously in the establishment or a roster drawn up in accordance with the method approved by the legislation or by a regulation, as set out in this Article of the Convention. The Committee therefore requests the Government to specify the manner in which it envisages giving effect to this provision in both law and practice.

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

Article 8, paragraph 3, of the Convention. Temporary exemptions. Compensatory rest. The Committee notes that section 61 of the 1987 Labour Code provides that the employer may, with the agreement of the workers, require them to work on the weekly rest day subject to them receiving either a wage increase of 100 per cent or being granted collectively compensatory rest days. However, it notes that section 64(3) of the same Code provides that where a worker works on the weekly rest day, the worker shall be granted a compensatory day of rest on another day of the week. Recalling that, in accordance with Article 8(3) of the Convention, compensatory rest of a total duration of at least 24 hours shall be granted in all cases of temporary exemptions to the weekly rest period, irrespective of any financial compensation, the Committee requests the Government to provide clarifications concerning the divergences in the above provisions.

Furthermore, the Committee notes that section 62(3) of the new draft Labour Code, which is currently being reviewed and is under consultation, provides that an employer may, according to the collective agreement, oblige workers to perform work on the weekly day of rest provided that they are paid in accordance with the rules of overtime and are granted a compensatory day off in the following week. As this provision is fully in conformity with Article 8(3) of the Convention, the Committee hopes that it will be adopted without modification and requests the Government to keep the Office informed of any developments relating to the finalization of the new Labour Code.

Article 11. Permanent exemptions. List of exemptions. While recalling that there is an inherent need to keep certain establishments open on the day of weekly rest (such as airports, hospitals, hotels, press undertakings, etc.), the Committee requests the Government to provide with its next report, in accordance with this Article of the Convention, lists of the categories of persons and the types of establishment subject to special weekly rest schemes.

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

Articles 2 and 3 of the Convention. Compulsory night rest for women. The Committee notes that the current Labour Code (Act No. 71 of 27 July 1987) continues to give effect to the basic requirement of the Convention with the exception of section 83(3)(a) which exempts from the general prohibition of night work women engaged in administrative work hence exceeding the exemption possibilities set out in Article 8 of the Convention. The Committee also notes that section 78 of the new draft Labour Code, which is now being examined by the State Consultative Council, essentially reproduces the provisions of the existing Labour Code.

In this connection, the Committee wishes to draw the Government’s attention to the fact that member States are increasingly required to initiate a review process of their protective legislation aiming at the elimination of any provisions contrary to the principle of equal treatment between men and women, except those connected with maternity protection, and with due account being taken of national circumstances. This trend reflects also the growing expectation that the same standards of protection should apply to men and women alike in accordance with the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), and also the widely ratified UN Convention on the Elimination of All Forms of Discrimination Against Women (to which, parenthetically, Iraq acceded in 1986).

Accordingly, the Committee invites the Government to give favourable consideration to the possibility of ratifying the Night Work Convention, 1990 (No. 171), which is not devised as a gender-specific instrument but focuses on the protection of all night workers in all branches and occupations. The Committee trusts that the Government will duly take into account the above observations in finalizing the new draft Labour Code and requests the Government to keep the Office informed of any decision taken or envisaged in this regard.

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

Article 6, paragraph 3, of the Convention. Transport activities carried out in particularly difficult conditions. The Committee recalls its previous comment in which it had requested the Government to supply any decisions taken as regards transport activities carried out in particularly difficult conditions and, in particular, the drivers concerned and the reduced total driving times applicable to them. The Committee notes the Government’s statement that daily and weekly limits to hours of work are determined in accordance with the Labour Code and may not exceed 48 hours per week. The Committee understands that the process of adoption of the new draft Labour Code is at an advanced stage and that the text is currently examined by the State Consultative Council. In this connection, the Committee notes that section 59(3) of the new draft Labour Code provides that the number of hours of work per day is reduced for work that is arduous or harmful to the health. These types of work, and the maximum number of working hours applicable to them, will be determined by instructions to be issued by the Ministry, based on proposals of the National Center for Occupational Health and Safety. 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 labour legislation once it has been adopted.

Article 10. Individual control book. Further to its previous comment on this point, the Committee notes the Government’s indication that arrangements will be made with the Ministry of Transport and Road Transport to obtain a specimen copy of the individual control book. It requests the Government to forward such a copy once it becomes available and also to provide more detailed information on the conditions of issue of the individual control book, its contents and the manner in which it must be kept by the drivers.

Part IV of the report form. Application in practice. The Committee notes that the Government has never supplied general information on the application of the Convention in practice. It therefore asks the Government to provide general information on the manner in which the Convention is applied in practice, including, for example, statistical information on the number of workers covered by the relevant legislation, extracts from reports of the labour inspection services showing the number and nature of infringements reported and sanctions imposed, etc.

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

Article 7, paragraph 3, of the Convention. Maximum limits on additional hours of work. The Committee has been commenting for a number of years on section 63(2)(c) of the Labour Code of 1987 which provides for the possibility of working up to four additional hours in a day in non-industrial activities. 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(c)). 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 – can imply weekly or annual working hours that are far too high and which could be contrary to the spirit of the Convention. 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, this does not mean 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 temporary exceptions, as required by this Article of 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 2009, published 99th ILC session (2010)

Article 2, paragraph 1, of the Convention. Scope of application – employees in the public service. The Committee welcomes the fact that, after nine years of interruption, the Government is once again in a position to take up its dialogue with the Organization’s supervisory bodies. It recalls that for 20 years it has been drawing the Government’s attention to the amendments to be made to the provisions of Act No. 24 of 1960 respecting the public service which are contrary to Articles 9 (postponement and accumulation of part of the annual holiday) and 11 (proportional period of holiday with pay in the event of the termination of the employment relationship) of the Convention. The Committee once again recalls that the Convention applies to all employed persons, with the exception of seafarers, and therefore urges the Government to take the necessary measures without further ado to bring Act No. 24 of 1960 respecting the public service, and particularly sections 43(3), 45(1), 48(10) and 49, into conformity with the provisions of the Convention.

Article 6, paragraph 1. Exclusion of public and customary holidays from being counted as part of the minimum annual holiday with pay. With reference to the Labour Code that is currently in force (Act No. 71 of 1987), the Committee recalls its previous comments in which it drew the Government’s attention to the absence of a provision establishing that public and customary holidays shall not be counted as part of the annual holiday with pay. In this respect, the Committee understands that a draft new Labour Code is currently at an advanced stage of consultation and is being finalized. It notes that section 66(4) of the draft Labour Code of 2007, a copy of which was communicated to the Office, provides that public holidays that coincide with the worker’s leave shall not be deducted from the annual holiday. The Committee recalls that under the terms of Article 6(1) of the Convention, public and customary holidays shall not be counted as part of the minimum annual holiday with pay. The Committee hopes that the Government will take its comments into account when examining possible amendments to the draft Labour Code and once again requests it to take the necessary measures in order to bring the existing Labour Code into conformity with the Convention.

Article 8, paragraph 2. Division of the annual holiday with pay. The Committee notes with interest that Act No. 17 of 2000 amends section 69 of the Labour Code, on which it had commented for several years. It notes that section 9 of the above Act provides that, where the annual holiday is divided, one of the parts shall consist of at least 14 uninterrupted days, in accordance with Article 8(2) of the Convention.

Article 9, paragraph 1. Time at which parts of the holiday are to be taken and postponement of the holiday. The Committee refers to its previous comments and notes that the Government has not reported any progress on this point. It recalls that the possibility for the worker to claim compensation in the event of the deferral of part of the holiday under the conditions set out in section 73(3) of the Labour Code is contrary to this provision of the Convention. However, it notes that section 69(2) of the draft Labour Code of 2007, referred to above, would give effect to this provision. The Committee therefore hopes that the Government will take its comments into account when examining any amendments to the draft Labour Code and once again requests it to take the necessary measures in order to bring the existing Labour Code into conformity with the Convention. The Committee further requests the Government to keep the Office informed of any developments relating to the adoption of the draft 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.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes that the Government’s report has not been received. It 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:

The Committee notes the Government’s latest report on application of the Convention and the information supplied in reply to its previous comments. It would be grateful if it would supply further information on the following points.

Article 6, paragraph 3, of the Convention. Please provide information on any decisions taken in regard to transport activities carried out in particularly difficult conditions, and particularly the drivers concerned in this respect and the reduced total driving times applicable to them.

Article 10. Please provide more detailed information on the effect to be given to this Article by supplying a specimen copy of the individual control book and, as appropriate, the record kept by the employer indicating the hours of work and rest periods.

Part IV of the report form. Please give a general appreciation of the manner in which the Convention is applied including, for instance, extracts from the reports of the inspection services and, if such statistics are available, information on the number of employed persons covered and the number and nature of contraventions reported.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes the Government’s latest report on application of the Convention and the information supplied in reply to its previous comments. It would be grateful if it would supply further information on the following points.

Article 6, paragraph 3, of the Convention.  Please provide information on any decisions taken in regard to transport activities carried out in particularly difficult conditions, and particularly the drivers concerned in this respect and the reduced total driving times applicable to them.

Article 10.  Please provide more detailed information on the effect to be given to this Article by supplying a specimen copy of the individual control book and, as appropriate, the record kept by the employer indicating the hours of work and rest periods.

Part IV of the report form.  Please give a general appreciation of the manner in which the Convention is applied including, for instance, extracts from the reports of the inspection services and, if such statistics are available, information on the number of employed persons covered and the number and nature of contraventions reported.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes that the Government’s report contains no reply to previous comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which reads as follows:

Article 5 of the Convention.  The Committee notes that pursuant to section 4 of the Revolutionary Command Council Order No. 606 of 1980, "[a]n employee who works on a day of weekly rest or on an official holiday shall be compensated with an alternative day of rest or with overtime wages in accordance with section 3(2) of this Order". Section 2 of Revolutionary Command Council Order No. 1119 of 1980 amended section 3(2) of Order No. 606 to provide that "[e]very hour of overtime work performed on a day of weekly rest or on an official holiday shall count as one-and-a-half hours of ordinary work". The Committee requests the Government to indicate what steps have been taken or are contemplated to ensure that, as far as possible, a worker who works on his weekly rest day will be granted a compensatory rest period, regardless of any cash compensation, in accordance with Article 5 of the Convention.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee takes note of the information provided by the Government in its report.

The Committee notes that by virtue of section 83(3)(a) of Act No. 71 of 27 July 1987 promulgating the Labour Code, the general prohibition of night work for women does not apply to women workers engaged in administrative work. The Committee requests the Government to indicate whether such exemption would also cover women engaged in administrative work in industrial undertakings. The Committee recalls, in this connection, that under Article 3 of the Convention, women may not be employed during the night in any public or private industrial undertaking irrespective of the specific type of work, service or activity performed within such undertaking, and that therefore the only possible exemptions are those limited to the forms of employment set out in Article 8 of the Convention.

The Committee hopes that the Government will take the measures to ensure that national legislation is brought into conformity with the abovementioned provisions of the Convention.

The Committee takes this opportunity to invite the Government to give favourable consideration to the ratification of either the Night Work Convention, 1990 (No. 171) or the Protocol of 1990 to Convention No. 89.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes that the Government’s report contains no reply to previous comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which reads as follows:

Article 8, paragraph 3, of the Convention.  The Committee notes that pursuant to section 4 of Revolutionary Council Order No. 606 of 1980, "[a]n employee who works on a day of weekly rest or on an official holiday shall be compensated with an alternative day of rest or with overtime wages in accordance with section 3(2) of this Order". Section 2 of Revolutionary Command Council Order No. 1119 of 1980, amended section 3(2) of Order No. 606 to provide that "[e]very hour of overtime work performed on a day of weekly rest or on an official holiday shall count as one-and-a-half-hours of ordinary work". The Committee wishes to call the Government's attention to the fact that, under Article 8, paragraph 3, of the Convention, compensatory rest for work performed on a day of weekly rest is compulsory regardless of any monetary compensation. It therefore hopes that the Government will take the necessary measures to bring the legislation into conformity with the Convention on this point.

Observation (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes that the Government’s report contains no reply to previous comments. It must therefore repeat its previous observation which reads as follows:

1.  The Committee has taken note of the Government’s last report and of the information given in it in answer to its previous observation. It notes with regret that the Government once again confines itself to repeating the information provided in earlier reports. The Committee trusts that the Government will provide fuller and more detailed information in its next report on the following points on which the Committee has commented for many years.

2.  With regard to the need to bring Act No. 24 of 1960 concerning the public service into conformity with the provisions of the Convention:

(a)  Article 2, paragraphs 2 and 3, of the Convention.  The Committee notes that the Government did not indicate in its first report whether it intended to avail itself of the possibility provided under paragraph 2 of the Convention of excluding public service employees from the application of the Convention. The Committee also notes that the Government has for a number of years simply stated, without providing any other information, that in the view of the competent authority (the Ministry of Finance), the Convention is not applicable to officials in the public service covered by the provisions of Act No. 24 of 1960. In this regard, the Committee recalls that the possibility of excluding from the application of the Convention limited categories of employed persons carries with it, under the terms of paragraph 3, an obligation to specify the extent to which effect has been given or is proposed to be given to the Convention in respect of such categories. The Committee therefore requests the Government to indicate how it proposes to apply this provision of the Convention.

(b)  Article 9, paragraph 1.  The Committee notes that sections 43(3) and 48(3) of Act No. 24 of 1960 allow officials to accumulate up to 180 days of leave, and other public servants 100 days of leave. The Committee draws the Government’s attention to the fact that, under the terms of this Article of the Convention, a part of the holiday consisting of at least two uninterrupted working weeks must be taken no later than one year, and the rest of the holiday no later than 18 months, from the end of the year in which the holiday entitlement arises.

(c)  Article 11.  The Committee notes that, upon termination of the employment relationship following dismissal or resignation (sections 45(1) and 49 of Act No. 24 of 1960), officials do not appear to have any paid leave entitlement proportional to their length of service or any entitlement to financial compensation. The Committee notes that the same principle applies to school employees who terminate their service during the first half of the school year (section 48(10) of Act No. 24 of 1960). The Committee wishes to recall that, under the terms of the present Article of the Convention, any employed person who has completed a minimum period of service should, on termination for any reason, receive a holiday with pay proportional to the length of service for which he or she has not received such a holiday, or compensation in lieu thereof, or the equivalent holiday credit.

3.  With regard to the need to bring the leave provisions contained in the Labour Code (Act No. 71 of 1987) into conformity with the Convention:

(a)  Article 6, paragraph 1.  There appear to be no national laws or regulations giving effect to this provision of the Convention, under which public and customary holidays are not counted as part of the three weeks’ annual holiday with pay prescribed in Article 3, paragraph 3. In this respect, the Government has indicated that, in the absence of a relevant provision in the Labour Code, section 150 of the Code provides that the provisions of other laws and of ratified Arab and international labour Conventions shall apply. The Committee wishes to call the Government’s attention to the fact that the provisions of the Convention are not self-executing. It would therefore be better to bring national legislation explicitly into harmony with the provisions of the Convention in order to avoid any uncertainty regarding the state of the law.

(b)  Article 8, paragraph 2.  The Committee notes that, under the terms of article 69(2) of the Labour Code, only six continuous days of leave must be taken at one time when the leave has been divided. The Committee recalls that, under Article 8, paragraph 2, when the annual holiday with pay is broken into parts, one of the parts must consist of a minimum of two uninterrupted working weeks, unless otherwise provided in an agreement between the employer and the employee.

(c)  Article 9, paragraph 1.  The Committee notes that, in the event of the deferral of a part of the holiday under the conditions set out in section 73(3) of the Labour Code, the worker is entitled to compensation. In this respect, the Committee reiterates that this provision is not in conformity with Article 9, paragraph 1, of the Convention, according to which the remainder of the holiday should be granted and taken no later than 18 months from the end of the year in which the holiday entitlement arises.

4.  The Committee trusts that the Government will take the necessary measures in the near future to bring all its legislation into conformity with the fundamental provisions of the Convention and asks the Government to keep the ILO informed of any relevant developments.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

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 1999, published 88th ILC session (2000)

With respect to the application of Article 7, paragraph 3, of the Convention, the Committee takes note of the brief details contained in the Government's report indicating that an act is being prepared to determine the limit of the number of additional hours which may be authorized and that a copy of the text will be sent to the ILO after adoption. The Committee recalls that the need to bring the national legislation into conformity with this Article of the Convention has been the subject of comments for very many years.

Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

1. The Committee has taken note of the Government's last report and of the information given in it in answer to its previous observation. It notes with regret that the Government once again confines itself to repeating the information provided in earlier reports. The Committee trusts that the Government will provide fuller and more detailed information in its next report on the following points on which the Committee has commented for many years.

2. With regard to the need to bring Act No. 24 of 1960 concerning the public service into conformity with the provisions of the Convention:

(a) Article 2, paragraphs 2 and 3, of the Convention. The Committee notes that the Government did not indicate in its first report whether it intended to avail itself of the possibility provided under paragraph 2 of the Convention of excluding public service employees from the application of the Convention. The Committee also notes that the Government has for a number of years simply stated, without providing any other information, that in the view of the competent authority (the Ministry of Finance), the Convention is not applicable to officials in the public service covered by the provisions of Act No. 24 of 1960. In this regard, the Committee recalls that the possibility of excluding from the application of the Convention limited categories of employed persons carries with it, under the terms of paragraph 3, an obligation to specify the extent to which effect has been given or is proposed to be given to the Convention in respect of such categories. The Committee therefore requests the Government to indicate how it proposes to apply this provision of the Convention.

(b) Article 9, paragraph 1. The Committee notes that sections 43(3) and 48(3) of Act No. 24 of 1960 allow officials to accumulate up to 180 days of leave, and other public servants 100 days of leave. The Committee draws the Government's attention to the fact that, under the terms of this Article of the Convention, a part of the holiday consisting of at least two uninterrupted working weeks must be taken no later than one year, and the rest of the holiday no later than 18 months, from the end of the year in which the holiday entitlement arises.

(c) Article 11. The Committee notes that, upon termination of the employment relationship following dismissal or resignation (sections 45(1) and 49 of Act No. 24 of 1960), officials do not appear to have any paid leave entitlement proportional to their length of service or any entitlement to financial compensation. The Committee notes that the same principle applies to school employees who terminate their service during the first half of the school year (section 48(10) of Act No. 24 of 1960). The Committee wishes to recall that, under the terms of the present Article of the Convention, any employed person who has completed a minimum period of service should, on termination for any reason, receive a holiday with pay proportional to the length of service for which he or she has not received such a holiday, or compensation in lieu thereof, or the equivalent holiday credit.

3. With regard to the need to bring the leave provisions contained in the Labour Code (Act No. 71 of 1987) into conformity with the Convention:

(a) Article 6, paragraph 1. There appear to be no national laws or regulations giving effect to this provision of the Convention, under which public and customary holidays are not counted as part of the three weeks' annual holiday with pay prescribed in Article 3, paragraph 3. In this respect, the Government has indicated that, in the absence of a relevant provision in the Labour Code, section 150 of the Code provides that the provisions of other laws and of ratified Arab and international labour Conventions shall apply. The Committee wishes to call the Government's attention to the fact that the provisions of the Convention are not self-executing. It would therefore be better to bring national legislation explicitly into harmony with the provisions of the Convention in order to avoid any uncertainty regarding the state of the law.

(b) Article 8, paragraph 2. The Committee notes that, under the terms of article 69(2) of the Labour Code, only six continuous days of leave must be taken at one time when the leave has been divided. The Committee recalls that, under Article 8, paragraph 2, when the annual holiday with pay is broken into parts, one of the parts must consist of a minimum of two uninterrupted working weeks, unless otherwise provided in an agreement between the employer and the employee.

(c) Article 9, paragraph 1. The Committee notes that, in the event of the deferral of a part of the holiday under the conditions set out in section 73(3) of the Labour Code, the worker is entitled to compensation. In this respect, the Committee reiterates that this provision is not in conformity with Article 9, paragraph 1, of the Convention, according to which the remainder of the holiday should be granted and taken no later than 18 months from the end of the year in which the holiday entitlement arises.

4. The Committee trusts that the Government will take the necessary measures in the near future to bring all its legislation into conformity with the fundamental provisions of the Convention and asks the Government to keep the ILO informed of any relevant developments.

Observation (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

1. With reference to its previous comments, the Committee notes the Government's statement in its latest report that, in the opinion of the competent authority (the Ministry of Finance), the Convention does not apply to officials in the public service covered by the provisions of Act No. 24 of 1960. The Committee observes that the Government has been making this statement for several years despite the Committee's comments that the Convention applies to persons employed in the public service unless the Government specifically excludes them from the scope of the Convention. It therefore must once again emphasize that, with the exception of seafarers, no employed person is excluded from the scope of the Convention (see Article 2, paragraph 1, of the Convention) and that the Government did not indicate in its first report that it availed itself of the possibility of excluding officials from the application of the Convention (see Article 2, paragraphs 2 and 3). In this connection, it must reiterate its prior requests to the Government to provide in its next report detailed information on the following points: (a) Article 9, paragraph 1. The Committee notes that section 43(3) and 48(3) of Act No. 24 of 1960 permit the accumulation of up to 180 and 100 days of leave respectively for officials and employees in the public service. The Committee recalls the Government's attention to the fact that under the Convention, a part of the holiday consisting of at least two uninterrupted working weeks must be taken no later than one year, and the rest of the holiday no later than 18 months, calculated from the end of the year in which the holiday entitlement arises. (b) Article 11. The Committee observes that upon termination of the employment relation following dismissal or resignation (sections 45(1) and 49 of Act No. 24 of 1960), officials apparently do not benefit either from a paid holiday in proportion to the length of service or from paid compensation. The same applies to school employees who terminate their service during the first half of the school year (section 48(10)). The Committee must recall that under this Article of the Convention, an employed person who has completed a minimum period of service should, on termination for any reason, receive a holiday with pay proportionate to the length of service for which he or she has not received such a holiday, or compensation in lieu thereof, or the equivalent holiday credit. The Committee hopes that the Government will re-examine its position and take the necessary measures in the near future to bring Act No. 24 of 1960 into conformity with the Convention. 2. With regard to the holiday provisions of the Labour Code (Act No. 71), 1987, the Committee repeats its requests to the Government to provide detailed information on the following matters: (a) Article 6, paragraph 1, of the Convention. The Committee notes that there are apparently no national laws or regulations giving effect to this provision of the Convention, under which public and customary holidays shall not be counted as part of the three weeks' annual holiday with pay prescribed in Article 3, paragraph 3. In this respect, the Government has indicated that, in the absence of a relevant provision in the Labour Code, section 150 of the Code provides that the provisions of other laws and of ratified Arab and international labour Conventions shall apply. The Committee wishes to call the Government's attention to the fact that, so far as the provisions of the Convention are not self-executing and, more generally, to avoid any uncertainty regarding the state of the law, the surest solution is to bring the national legislation explicitly into harmony with the provisions of the Convention. (b) Article 8, paragraph 2. The Committee notes that under section 69(II) of the Labour Code, 1987, only six continuous days of leave must be taken at one time, when leave has been divided. It recalls that Article 8, paragraph 2, of the Convention provides that, when annual holiday with pay may be broken into parts, one of the parts must consist of a minimum of two uninterrupted working weeks (unless otherwise provided in an agreement between the employer and the employee). (c) Article 9, paragraph 1. The Committee observes that, 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. In this respect the Committee reiterates that this provision is not in conformity with Article 9, paragraph 1, of the Convention, according to which the remainder of the holiday shall be granted and taken no later than 18 months from the end of the year in which the holiday entitlement has arisen. The Committee requests the Government to take the necessary measures to bring the Labour Code, 1987, into conformity with the Convention on the above-mentioned points. The Committee also trusts that the Government will supply detailed information in its next report on all legislative or regulatory action taken or contemplated to give full effect to all of the above provisions of the Convention.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

Article 5 of the Convention. The Committee notes that pursuant to section 4 of the Revolutionary Command Council Order No. 606 of 1980, "(a)n employee who works on a day of weekly rest or on an official holiday shall be compensated with an alternative day of rest or with overtime wages in accordance with section 3(2) of this Order". Section 2 of Revolutionary Command Council Order No. 1119 of 1980 amended section 3(2) of Order No. 606 to provide that "(e)very hour of overtime work performed on a day of weekly rest or on an official holiday shall count as one-and-a-half hours of ordinary work". The Committee requests the Government to indicate what steps have been taken or are contemplated to ensure that, as far as possible, a worker who works on his weekly rest day will be granted a compensatory rest period, regardless of any cash compensation, in accordance with Article 5 of the Convention.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

Article 8, paragraph 3, of the Convention. The Committee notes that pursuant to section 4 of Revolutionary Council Order No. 606 of 1980, "(a)n employee who works on a day of weekly rest or on an official holiday shall be compensated with an alternative day of rest or with overtime wages in accordance with section 3(2) of this Order". Section 2 of Revolutionary Command Council Order No. 1119 of 1980, amended section 3(2) of Order No. 606 to provide that "(e)very hour of overtime work performed on a day of weekly rest or on an official holiday shall count as one-and-a-half-hours of ordinary work." The Committee wishes to call the Government's attention to the fact that, under Article 8, paragraph 3, of the Convention, compensatory rest for work performed on a day of weekly rest is compulsory regardless of any monetary compensation. It therefore hopes that the Government will take the necessary measures to bring the legislation into conformity with the Convention on this point.

Observation (CEACR) - adopted 1995, published 82nd ILC session (1995)

1. With reference to its previous comments, the Committee notes the Government's statement in its latest report that, in the opinion of the competent authority (the Ministry of Finance), the Convention does not apply to officials in the public service covered by the provisions of Act No. 24 of 1960. The Committee observes that the Government has been making this statement for several years despite the Committee's comments that the Convention applies to persons employed in the public service unless the Government specifically excludes them from the scope of the Convention. It therefore must once again emphasize that, with the exception of seafarers, no employed person is excluded from the scope of the Convention (see Article 2, paragraph 1, of the Convention) and that the Government did not indicate in its first report that it availed itself of the possibility of excluding officials from the application of the Convention (see Article 2, paragraphs 2 and 3). In this connection, it must reiterate its prior requests to the Government to provide in its next report detailed information on the following points:

(a) Article 9, paragraph 1. The Committee notes that section 43(3) and 48(3) of Act No. 24 of 1960 permit the accumulation of up to 180 and 100 days of leave respectively for officials and employees in the public service. The Committee recalls the Government's attention to the fact that under the Convention, a part of the holiday consisting of at least two uninterrupted working weeks must be taken no later than one year, and the rest of the holiday no later than 18 months, calculated from the end of the year in which the holiday entitlement arises.

(b) Article 11. The Committee observes that upon termination of the employment relation following dismissal or resignation (sections 45(1) and 49 of Act No. 24 of 1960), officials apparently do not benefit either from a paid holiday in proportion to the length of service or from paid compensation. The same applies to school employees who terminate their service during the first half of the school year (section 48(10)). The Committee must recall that under this Article of the Convention, an employed person who has completed a minimum period of service should, on termination for any reason, receive a holiday with pay proportionate to the length of service for which he or she has not received such a holiday, or compensation in lieu thereof, or the equivalent holiday credit.

The Committee hopes that the Government will re-examine its position and take the necessary measures in the near future to bring Act No. 24 of 1960 into conformity with the Convention.

2. With regard to the holiday provisions of the Labour Code (Act No. 71), 1987, the Committee repeats its requests to the Government to provide detailed information on the following matters:

(a) Article 6, paragraph 1, of the Convention. The Committee notes that there are apparently no national laws or regulations giving effect to this provision of the Convention, under which public and customary holidays shall not be counted as part of the three weeks' annual holiday with pay prescribed in Article 3, paragraph 3. In this respect, the Government has indicated that, in the absence of a relevant provision in the Labour Code, section 150 of the Code provides that the provisions of other laws and of ratified Arab and international labour Conventions shall apply. The Committee wishes to call the Government's attention to the fact that, so far as the provisions of the Convention are not self-executing and, more generally, to avoid any uncertainty regarding the state of the law, the surest solution is to bring the national legislation explicitly into harmony with the provisions of the Convention.

(b) Article 8, paragraph 2. The Committee notes that under section 69(II) of the Labour Code, 1987, only six continuous days of leave must be taken at one time, when leave has been divided. It recalls that Article 8, paragraph 2, of the Convention provides that, when annual holiday with pay may be broken into parts, one of the parts must consist of a minimum of two uninterrupted working weeks (unless otherwise provided in an agreement between the employer and the employee).

(c) Article 9, paragraph 1. The Committee observes that, 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. In this respect the Committee reiterates that this provision is not in conformity with Article 9, paragraph 1, of the Convention, according to which the remainder of the holiday shall be granted and taken no later than 18 months from the end of the year in which the holiday entitlement has arisen.

The Committee requests the Government to take the necessary measures to bring the Labour Code, 1987, into conformity with the Convention on the above-mentioned points.

The Committee also trusts that the Government will supply detailed information in its next report on all legislative or regulatory action taken or contemplated to give full effect to all of the above provisions of the Convention.

The Government is asked to report in detail in 1996.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

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.

Observation (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes with regret that the Government's report does not reply to its previous comments. It is again raising certain questions in relation to Article 6, paragraph 1; Article 8, paragraph 2; Article 9, paragraph 1; and Article 11 of the Convention in a direct request.

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

Further to its previous comments, concerning the provisions of the 1987 Labour Code, the Committee requests the Government to provide further information in its next report on the following points:

1. Article 2 of the Convention. The Committee notes for the first time the indication in the Government's report that the Convention is applied to the public service by virtue of Law No. 110 of 1972 on official holidays which provides that every Friday of the week is considered as an official holiday and Decisions Nos. 606 and 1119 of 1980 which provide for compensatory rest days. It requests the Government to provide a copy of Decision No. 606 and Decision No. 1119 of 1980 with its next report.

2. Article 5 and points III and V of the report form. The Committee notes from the Government's reply to its previous comments that there have been no infractions of section 61 of the 1987 Labour Code which provides either for full remuneration or for the provision of a compensatory day of rest when workers agree to work on a rest day. The Committee requests the Government to communicate, with future reports, statistics, if any, of the number of workers who work on rest days in accordance with the agreement permitted under section 61, and of these the number who are compensated by remuneration and the number granted a compensatory day of rest.

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

The Committee notes the information provided in the Government's latest report and requests the Government to provide further information in its next report on the following points:

1. Article 2 of the Convention. The Committee notes the indication in the Government's report that the Convention is applied to the public service by virtue of Law No. 110 of 1972 on official holidays, which provides that every Friday of the week is considered as an official holiday, and Decisions Nos. 606 and 1119 of 1980, which provide for compensatory rest days. It requests the Government to provide a copy of Decision No. 606 and Decision No. 1119 of 1980 with its next report.

2. Article 8. The Committee notes from the Government's reply to its previous comments that there have been no infractions of section 61 of the Labour Code, which provides either for full remuneration or for the provision of a compensatory day of rest when workers agree to work on a rest day. The Committee requests the Government to communicate, with its next report, statistics, if any, of the number of workers who work on rest days in accordance with the agreement permitted under section 61, and of these the number who are compensated by remuneration and the number granted a compensatory day of rest.

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

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.

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

The Committee notes the information contained in the Government's report. It especially notes that presently no overtime is being worked in the public road transport enterprise. Such a situation may, however, change at any moment, and furthermore, does not describe the situation in private, mixed and cooperative enterprises with respect to overtime. Therefore, the Committee still sees itself obliged to request a detailed reply to its previous direct request, which read as follows:

Articles 1 and 2 of the Convention. According to the Government's report, wage-earning drivers working for the State are subject to the law and regulations governing public service. The Committee would like again to request whether certain persons who drive vehicles in the sectors of transport enumerated at Article 2, paragraph 1, points (a) through (f), are excluded from the application of the Convention, as permitted by this Article. Please also indicate whether adequate standards concerning driving time and rest periods of drivers so excluded, if any, have been established.

Article 3. The Committee had requested the Government to supply more detailed information on consultations which were held with representatives of organisations of employers and workers regarding the decisions taken on matters covered by the provisions of the Convention. The Committee notes that the Government, in its report, has noted generally that consultations are held between representatives of governments and organisations of employers and workers on all questions which concern labour and workers. In this connection, the Committee would request the Government to provide detailed information on the nature of these consultations and their results.

Article 6, paragraph 1. In its previous request, the Committee noted that section 63(2)(b) of the Labour Code authorises up to four hours of overtime per day which, in practice, could permit the working of a 12-hour day, in contravention of the prescriptions of the Convention. In its present report, the Government refers the Committee to the Labour Code, from which derogations are permissible for those exceptional cases provided for under article 63. The report of the Government also states that practical and administrative measures concerning the work of drivers ensure that the workday does not exceed nine hours.

In this connection, the Committee notes that article 71 of the Labour Code concerns the effect of an agreement between employer and worker under which the worker renounces, in whole or in part, his or her right to annual leave. The Committee, therefore, again would request the Government to clarify the situation as regards the legal and practical application of this provision of the Convention, including a description of the aforementioned practical and administrative measures and their relationship to article 71 of the Labour Code.

Article 10, paragraphs 1, 2 and 3. The Committee notes that, according to the report of the Government, commissions of inspection conduct on-site visits to verify the application of the Labour Code. In this connection, the Committee again would request the Government to indicate the measures which have been taken to give effect to this provision of the Convention, among other things, by providing a specimen copy of the individual control book and, as appropriate, of the record maintained by the employer of the hours of work and rest periods.

Article 12. The Committee notes that, according to the report of the Government, instructions established under the provisions of the Labour Code, Title V (Hours of Work and Rest Periods), chapter one (Hours of Work) and chapter two (Rest Periods), and Title VI (Protection of Work and Workers), chapter five (Inspection of Work) and directives addressed to the commissions of inspection, ensure the application of this provision of the Convention.

In this connection, the Committee would request the Government to provide detailed information on which instructions, provisions and regulations have been issued in application of the Labour Code or taken to give effect to the provisions of the Convention. The Committee also would request the Government to supply copies of the same.

Point IV of the report form. The Committee again would request the Government to supply it with general information on the manner in which the Convention is applied including, among other things, extracts from the reports of the inspection services.

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 1993, published 80th ILC session (1993)

Article 7, paragraph 3, of the Convention. Further to its previous comments, the Committee notes with interest the statement by the Government to the effect that legislative measures have been taken to determine the number of additional hours of work which may be allowed in accordance with this provision of the Convention. It notes that the text of the Act will be supplied as soon as it has been published.

Article 11, paragraph 2(a) and (b). The Committee notes, in reply to its previous questions, Instructions No. 8672 of 22 August 1989 which establish the obligation for employers to post at the workplace hours of work and rest periods.

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

The Committee notes that the Government's report has not been received. It is again raising certain questions in relation to Article 6, paragraph 1; Article 8, paragraph 2; Article 9, paragraph 1; and Article 11 of the Convention in a direct request.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee in its previous comments noted the following:

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.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee notes the Government's report, which replies to the Committee's previous direct requests. The Committee would be grateful if the Government, in its forthcoming report to the Committee, would supply further information on the following:

Articles 1 and 2 of the Convention. According to the Government's report, wage-earning drivers working for the State are subject to the law and regulations governing public service. The Committee would like again to request whether certain persons who drive vehicles in the sectors of transport enumerated at Article 2, paragraph 1, points (a) through (f), are excluded from the application of the Convention, as permitted by this Article. Please also indicate whether adequate standards concerning driving time and rest periods of drivers so excluded, if any, have been established.

Article 3. The Committee had requested the Government to supply more detailed information on consultations which were held with representatives of organisations of employers and workers regarding the decisions taken on matters covered by the provisions of the Convention. The Committee notes that the Government, in its report, has noted generally that consultations are held between representatives of governments and organisations of employers and workers on all questions which concern labour and workers. In this connection, the Committee would request the Government to provide detailed information on the nature of these consultations and their results, as well as to indicate to which organisations copies of the Government's report on the Convention were transmitted.

Article 6, paragraph 1. In its previous request, the Committee noted that section 63(2)(b) of the Labour Code authorises up to four hours of overtime per day which, in practice, could permit the working of a 12-hour day, in contravention of the prescriptions of the Convention. In its present report, the Government refers the Committee to the Labour Code, from which derogations are permissible for those exceptional cases provided for under article 63. The report of the Government also states that practical and administrative measures concerning the work of drivers ensure that the workday does not exceed nine hours.

In this connection, the Committee notes that article 71 of the Labour Code concerns the effect of an agreement between employer and worker under which the worker renounces, in whole or in part, his or her right to annual leave. The Committee, therefore, again would request the Government to clarify the situation as regards the legal and practical application of this provision of the Convention, including a description of the aforementioned practical and administrative measures and their relationship to article 71 of the Labour Code.

Article 10, paragraphs 1, 2 and 3. The Committee notes that, according to the report of the Government, commissions of inspection conduct on-site visits to verify the application of the Labour Code. In this connection, the Committee again would request the Government to indicate the measures which have been taken to give effect to this provision of the Convention, among other things, by providing a specimen copy of the individual control book and, as appropriate, of the record maintained by the employer of the hours of work and rest periods.

Article 12. The Committee notes that, according to the report of the Government, instructions established under the provisions of the Labour Code, Title V (Hours of Work and Rest Periods), chapter one (Hours of Work) and chapter two (Rest Periods), and Title VI (Protection of Work and Workers), chapter five (Inspection of Work) and directives addressed to the commissions of inspection, ensure the application of this provision of the Convention.

In this connection, the Committee would request the Government to provide detailed information on which instructions, provisions and regulations have been issued in application of the Labour Code or taken to give effect to the provisions of the Convention. The Committee also would request the Government to supply copies of the same.

Point IV of the report form. The Committee again would request the Government to supply it with general information on the manner in which the Convention is applied including, among other things, extracts from the reports of the inspection services.

Observation (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee is raising certain questions in relation to Article 6, paragraph 1; Article 8, paragraph 2; Article 9, paragraph 1; and Article 11 of the Convention in a direct request.

The Government is asked to report in detail for the period ending 30 June 1992.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee notes that the new Labour Code, Law No. 91 of 1987, covering workers employed in the private, mixed and co-operative sectors, was adopted on 27 July 1987. Under section 60 of the Code, all such workers have a right to one rest day weekly. Section 61 permits, with the agreement of the employee, work during the weekly rest day, on condition that either a premium payment of 100 per cent of wages be made for work on that day, or a compensatory day of rest be provided.

Article 2 of the Convention. The Committee notes that section 151 of the 1987 Labour Code repeals the previous Labour Code, Law No. 151 of 1970, which applied the Convention to all workers, without distinction between public and private sector employment. Given the numbers of industrial workers employed in the public sector, the Committee would be glad if the Government would provide information on the application of the Convention to them.

Article 5. The Committee recalls that this Article requires that provision be made as far as possible for compensatory rest days for persons working on the weekly rest day. Whereas section 67(h) of the 1970 Labour Code duly provided for workers to be granted compensatory rest, the Committee notes that under section 61 of the 1987 Code the employer may with their agreement require them to work on the rest day so long as they receive either overtime pay or a collective compensatory rest day. Please indicate how this provision works in practice, having regard to the requirements of the Convention, and describe the working of labour inspection in this connection (see Part III of the report form).

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee notes that the new Labour Code, Law No. 91 of 1987, covering workers employed in the private, mixed and co-operative sectors, was adopted on 27 July 1987. Under article 60 of the Code, all such workers have a right to one rest day weekly. Article 61 permits, with the agreement of the employee, work during the weekly rest day, on condition that either a premium payment of 100 per cent of wages be made for work on that day, or a compensatory day of rest be provided.

Article 2 of the Convention. The Committee notes that section 151 of the 1987 Labour Code repeals the previous Labour Code, Law No. 151 of 197O, which applied the Convention to all workers, without distinction between public and private sector employment. Please provide full information on the application of the Convention to persons employed by public establishments, institutions or administrative services referred to in Article 2 of the Convention.

Article 8. The Committee recalls that, although under this Article certain temporary exemptions may be made to weekly rest requirements, any person working on the weekly rest day must be granted compensatory rest of an equivalent period. Whereas section 67(h) of the 1970 Labour Code duly provided for workers to be granted compensatory rest, the Committee notes that under section 61 of the 1987 Code the employer may, with the workers' agreement, require them to work on the rest day so long as they receive either overtime pay or a collective compensatory rest day. Please indicate by what method it is ensured that all workers covered by the Convention are granted compensatory rest as required; please also describe the working of the inspection system in this connection (see Part III of the report form).

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

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:

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.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee notes that the Government's report has not been received. It 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:

The Committee notes the Government's first report, which contains brief information on the application of the provisions of the Convention. It requests the Government to supply a complete report, in accordance with the report form for this Convention and, in particular, to supply additional information on the application of the following Articles:

Articles 1 and 2 of the Convention. The Committee notes that the Labour Code applies to workers employed in the private, mixed and co-operative sectors. It requests the Government to indicate the legislation that applies to wage-earning drivers working for the State, or to indicate whether certain drivers have been excluded from the application of the Convention, as authorised by Article 2.

Article 3. Please supply more detailed information on the consultations that were held with the organisations of employers and workers concerned regarding the decisions taken on matters covered by the provisions of the Convention.

Article 6, paragraph 1. Section 63(2)(b) of the Labour Code authorises up to four hours of overtime per day. The total working hours in the day could therefore reach 12, whereas this provision of the Convention prescribes that the total driving time, including overtime, shall not exceed nine hours per day. The Committee requests the Government to supply the necessary information to clarify the legal situation in this respect.

Article 8, paragraph 5. Please state how effect is given to this provision of the Convention.

Article 10, paragraphs 1, 2 and 3. Please indicate the measures that have been taken to give effect to these provisions of the Convention, by providing a specimen copy of the individual control book and, as appropriate, of the record maintained by the employer of the hours of work and rest periods.

Article 12. In addition to the Labour Code, the Government refers to "laws, instructions and regulations", without giving any other details. Please indicate the specific regulations that have been issued in application of the Labour Code or taken to give effect to the provisions of the Convention.

Point IV of the report form. Please supply general information on the manner in which the Convention is applied including, for instance, extracts from the reports of the inspection services.

Observation (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee notes the Government's report has not been received. It is again raising certain questions in a direct request.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee notes the Government's first report, which contains brief information on the application of the provisions of the Convention. It requests the Government to supply a complete report, in accordance with the report form for this Convention and, in particular, to supply additional information on the application of the following Articles:

Articles 1 and 2 of the Convention. The Committee notes that the Labour Code applies to workers employed in the private, mixed and co-operative sectors. It requests the Government to indicate the legislation that applies to wage-earning drivers working for the State, or to indicate whether certain drivers have been excluded from the application of the Convention, as authorised by Article 2.

Article 3. Please supply more detailed information on the consultations that were held with the organisations of employers and workers concerned regarding the decisions taken on matters covered by the provisions of the Convention.

Article 6, paragraph 1. Section 63(2)(b) of the Labour Code authorises up to four hours of overtime per day. The total working hours in the day could therefore reach 12, whereas this provision of the Convention prescribes that the total driving time, including overtime, shall not exceed nine hours per day. The Committee requests the Government to supply the necessary information to clarify the legal situation in this respect.

Article 8, paragraph 5. Please state how effect is given to this provision of the Convention.

Article 10, paragraphs 1, 2 and 3. Please indicate the measures that have been taken to give effect to these provisions of the Convention, by providing a specimen copy of the individual control book and, as appropriate, of the record maintained by the employer of the hours of work and rest periods.

Article 12. In addition to the Labour Code, the Government refers to "laws, instructions and regulations", without giving any other details. Please indicate the specific regulations that have been issued in application of the Labour Code or taken to give effect to the provisions of the Convention.

Part IV of the report form. Please supply general information on the manner in which the Convention is applied including, for instance, extracts from the reports of the inspection services.

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

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.

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.

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

Article 7, paragraph 2, 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 the event of work being required for the purposes of developing or increasing production.

Article 7, paragraph 3. The Committee takes note of section 63 II(c) of the new Labour Code which maintains the possibility of working up to four additional hours in a day in non-industrial activities. This possibility can imply weekly or annual working hours that are far too high and which, in the Committee's opinion, could be contrary to the spirit in which the Convention was formulated (see in this connection the Committee's General Survey on this instrument, ILC, 51st Session, 1967, Report III (Part IV), third part, para. 239).

The Committee would be grateful if the Government would take the necessary measures to establish, within reasonable limits, the maximum number of additional hours which may be allowed in the year, in accordance with this provision of this Convention.

Article 11, paragraph 2(a) and (b). See under Convention No. 1, Article 8, paragraph 1(a) and (b), as follows:

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.