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Workers' Representatives Convention, 1971 (No. 135) - Iraq (Ratification: 1972)

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Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Articles 1 and 2 of the Convention. Protection of workers’ representatives and facilities. In its previous comments, the Committee had hoped that the new Labour Code would be adopted in the very near future and that it would be in conformity with the provisions of the Convention, including those concerning the protection of workers’ representatives (whether trade union or elected representatives) against dismissals and other prejudicial acts and the facilities afforded to them to enable them to carry out their functions. It also noted that an independent Law on Trade Union Organizations had been examined in a first reading in the Majlis Al Nouwab. The Committee takes note of the Government’s indication that the draft Law on Trade Union Organizations is being discussed in the State Council. The Committee notes, however, that the Government does not provide information concerning the implementation of the specific rights enshrined in the Convention and that it does not refer to the new Labour Code, which was adopted in 2015. The Committee requests the Government to indicate how the new Labour Code gives effect to the Convention, including with respect to the protection of workers’ representatives against prejudicial acts, such as dismissal, and the facilities afforded to them to enable them to carry out their functions. It also requests the Government to inform on any development concerning the adoption of the draft Law on Trade Union Organizations and on its impact on the application of the Convention.

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

Articles 1 and 2 of the Convention. Protection of workers’ representatives and facilities. In its previous comments, the Committee had hoped that the new Labour Code would be adopted in the very near future and that it would be in conformity with the provisions of the Convention, including those concerning the protection of workers’ representatives (whether trade union or elected representatives) against dismissals and other prejudicial acts and the facilities afforded to them to enable them to carry out their functions. The Committee notes the Government’s indication that sections 135–142 (Chapter 16) of the new draft Labour Code, which provide for collective bargaining and agreements, were taken out of the Code to become an independent law on trade union organization, providing sufficient protection to trade unions; and that this law has been examined in a first reading in the Majlis Al Nouwab. The Committee hopes that the Government will be able to report concrete legislative progress on the issues raised in the very near future and requests it to provide copies of the new legislation once adopted.

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

The Committee notes the information provided in the Government’s last two reports, and particularly the information that a draft Labour Code is currently being prepared with the technical assistance of the Office. The Committee notes that the draft Labour Code is currently before Parliament, where it has already been examined in a first reading, and is awaiting its second reading prior to the vote. The Committee hopes that the new Labour Code will be adopted in the very near future and that it will be in conformity with the provisions of the Convention, including those concerning the protection of workers’ representatives (whether trade union or elected representatives) and the facilities afforded to them to enable them to carry out their functions. The Committee requests the Government to keep the Office informed of any change in the current legislative process and to provide a copy of the new Labour Code once it has been adopted.

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

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

With regard to the application of Article 2 of the Convention, the Committee had noted with interest that section 27(7) of the Trade Union Organization Act No. 52 of 1987 provides for the trade union executive committee members to have time off in order that they may devote themselves to trade union activities and that section 138(1) of the Labour Code stipulates that workers’ representatives be fully released from work to carry out their functions in labour inspection committees. The Committee again requests the Government to provide copies of the agreements concluded by trade unions and employers to which the Government had referred in its previous report and which would afford facilities to workers’ representatives.

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 takes note of the Government's report.

With regard to the application of Article 2 of the Convention, the Committee notes with interest that section 27(7) of the Trade Union Organization Act No. 52 of 1987 provides for the trade union executive committee members to have time off in order that they may devote themselves to trade union activities and that section 138(1) of the Labour Code stipulates that workers' representatives be fully released from work to carry out their functions in labour inspection committees.

The Committee again requests the Government to provide copies of the agreements concluded by trade unions and employers to which the Government had referred in its previous report and which would afford facilities to workers' representatives.

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

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

The Committee notes with regret that the Government's report still does not reply to the previous direct requests for more detailed information on the application of Article 2 of the Convention, and in particular that it does not contain copies of any agreements concluded between the workers' and the employers' organizations to which the Government had referred in its previous report and which would provide members of trade union committees with the facilities necessary for carrying out trade union functions. In these circumstances, the Committee is bound once again to draw the Government's attention to the terms of Article 2, under which facilities must be afforded in the enterprise to workers' representatives (such as the necessary time off to attend meetings, training courses and trade union seminars, conferences and congresses; access to workplaces when necessary; space to post trade union notices, etc., as indicated in Chapter IV of the Workers' Representatives Recommendation, 1971 (No. 143)). The Committee is bound to request the Government once again to provide with its next report the texts of any agreements concluded between trade unions and employers which afford the above facilities to workers' representatives in enterprises, as well as any other relevant information on the practical application of Article 2.

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

Observation (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes with regret that the Government's report still does not reply to the previous direct requests for more detailed information on the application of Article 2 of the Convention, and in particular that it does not contain copies of any agreements concluded between the workers' and the employers' organizations to which the Government had referred in its previous report and which would provide members of trade union committees with the facilities necessary for carrying out trade union functions.

In these circumstances, the Committee is bound once again to draw the Government's attention to the terms of Article 2, under which facilities must be afforded in the enterprise to workers' representatives (such as the necessary time off to attend meetings, training courses and trade union seminars, conferences and congresses; access to workplaces when necessary; space to post trade union notices, etc., as indicated in Chapter IV of the Workers' Representatives Recommendation, 1971 (No. 143)).

The Committee is bound to request the Government once again to provide with its next report the texts of any agreements concluded between trade unions and employers which afford the above facilities to workers' representatives in enterprises, as well as any other relevant information on the practical application of Article 2.

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

The Committee notes with regret that the Government's report still does not reply to the previous direct requests for more detailed information on the application of Article 2 of the Convention, and in particular that it does not contain any agreements concluded between the workers' and the employers' organizations to which the Government had referred in its previous report and which would provide members of trade union committees with the facilities necessary for carrying out trade union functions.

Noting that under the Trade Union Act (No. 52) of 1987 which establishes the trade union monopoly, the General Confederation of Trade Unions, the central organization designated by law, pays the wages of full-time trade union officials (sections 41 and 27(7)) and not the employer, the Committee draws the Government's attention to the fact that facilities must be afforded in enterprises to workers' representatives to enable them to carry out their functions promptly and efficiently, and in full independence, so that they may defend the economic, social and occupational interests of the workers.

The Committee is bound to request the Government once again to provide with its next report the texts of any agreements concluded between trade unions and employers which afford workers' representatives in enterprises the above facilities, as well as any other relevant information on the practical application of Article 2.

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

The Committee notes with regret that the Government's report contains no new answers to its previous direct requests for more detailed information on the application of Article 2 of the Convention. It notes in particular that no copies were provided of agreements concluded between trade union organizations and employers, which the Government referred to in its previous report and which, according to the Government, afford facilities to members of trade union committees to carry out all activities necessary to the performance of their trade union duties.

In these circumstances, the Committee is bound once again to draw the Government's attention to the terms of Article 2 under which facilities must be afforded in the enterprise to workers' representatives (such as the necessary time off to attend meetings, training courses and trade union seminars, conferences and congresses; access to working places when necessary; space to post trade union notices, etc., as indicated in Chapter IV of Recommendation No. 143).

Noting that under the Trade Union Act (No. 52) of 1987 which establishes trade union monopoly, the General Confederation of Trade Unions, the central organization designated in the law, pays the wages of full-time trade union officials (sections 41 and 27(7)) and not the employer, the Committee draws the Government's attention to the fact that facilities must be afforded in enterprises to workers' representatives to enable them to carry out their functions promptly and efficiently, and in full independence so that they may defend the economic, social and occupational interests of the workers.

The Committee is bound to ask the Government once again to provide with its next report the texts of any agreements concluded between trade unions and employers which afford workers' representatives in enterprises the above-mentioned facilities, as well as any other relevant information on the practical effect given to Article 2.

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

The Committee takes note of the Government's report.

It none the less asks the Government to provide copies of the agreements concluded by trade unions and employers, referred to in the report, which afford facilities to members of trade union committees in respect of all activities necessary to the performance of their trade union functions.

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

The Committee notes that the Government's report does not contain a reply to its previous comments. It hopes that the next report will supply full particulars on the points raised in its previous direct request, which read as follows:

The Committee requests the Government once again to indicate facilities that are afforded to workers' representatives in the light of the examples set out in Chapter IV of Recommendation No. 143 (such as: time off for attending trade union meetings, training courses, seminars, congresses and conferences; appropriate access to workplaces; notice boards, etc.) and asks it whether these are provided in the undertaking. The Committee also requests clarification of the role of the executive committee of the General Confederation of Trade Unions in obtaining time off for certain high-level union officers so that they may devote themselves to trade union activities (section 27(7) of the Trade Unions Act of 1987).

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

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

The Committee takes note of the information supplied by the Government in reply to its previous direct request asking for more detailed information on the application of Article 2 of the Convention.

While the information provided by the Government is useful, it does not answer the previous request for more detailed information on the practical implementation of this Article. To make it possible to assess more precisely the extent to which Article 2 is applied, the Committee accordingly would refer the Government to the types of facilities to be afforded to workers' representatives set out in Chapter IV of Recommendation No. 143 (such as: time off for attending trade union meetings, training courses, seminars, congresses and conferences; appropriate access to workplaces; notice boards, etc.) and asks it whether these are provided in the undertaking. The Committee also requests clarification of the role of the executive committee of the General Confederation of Trade Unions in obtaining time off for certain high-level union officers so that they may devote themselves to trade union activities (section 27(7) of the Trade Unions Act of 1987).