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

Labour Clauses (Public Contracts) Convention, 1949 (No. 94) - Iraq (Ratification: 1986)

Further to its previous comments, the Committee notes the Government's repeated reference to Chapters III and IV of the Labour Code (Act No. 71 of 1987), which does not suffice for the application of Article 2 of the Convention. It also notes the Government's indication that the authorities request a guarantee from contractors who employ workers that they will apply the provisions of the Labour Code relating to wages and other issues.

The Committee would point out that the requirement of the Convention is to ensure the insertion of a labour clause in public contracts covered by Article 1 so as to guarantee to the workers employed by the contractor, the prevailing labour conditions in accordance with Article 2. The principal aim of a labour clause is to protect fair conditions of labour from the consequences of competitive practice of tendering for a public contract. The Committee recalls that the protection provided through labour clauses in public contracts cannot normally be ensured only through the application of the general labour legislation. This is due first of all to the fact that there are many cases in which the minimum standards fixed by law are improved upon by means of collective bargaining or otherwise. Thus, even where labour legislation exists and is applied to public contractors, the insertion of labour clauses in public contracts can serve a very useful purpose in ensuring fair wages and conditions of labour for the workers concerned. Secondly, the provision of penalties, such as the withholding of contracts (which penalties are required by the Convention), makes it possible to impose sanctions in case of violations of the labour clauses in the public contracts which may be more directly effective than those applicable for contraventions of the general labour legislation.

In its previous comments, the Committee already noted that the Labour Code did not lay down the insertion of labour clauses in public contracts, as set out in Articles 1 and 2 of the Convention. It therefore points out the necessity to take measures to give effect to these Articles, and asks the Government to indicate any measures taken in this respect.

Meanwhile, the Committee noted the form of a contract attached to the Government's previous report. It requested the Government to indicate the nature of contracts to which that form is applied and to supply a copy of any legislative, administrative or other instruments that lay down the usage of that form of contract. The Committee noted that the form stipulates that certain documents such as specifications, the form of offer, and the instructions to tenderers are considered as a part of the contract. In the absence of reply in this regard, the Committee again requests the Government to indicate whether any of the documents enumerated include provisions concerning the working conditions (including wages) of the workers concerned, and if so to supply a copy of such documents.