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Demande directe (CEACR) - adoptée 2019, publiée 109ème session CIT (2021)

Iraq

Convention (n° 95) sur la protection du salaire, 1949 (Ratification: 1960)
Convention (n° 131) sur la fixation des salaires minima, 1970 (Ratification: 1974)

Autre commentaire sur C095

Observation
  1. 2007
  2. 2006
  3. 2000
  4. 1995
  5. 1993
  6. 1992
  7. 1991
  8. 1990
Demande directe
  1. 2019
  2. 2011
  3. 2009

Other comments on C131

Demande directe
  1. 2019
  2. 2012
  3. 2011
  4. 2009
  5. 2002
  6. 1998
  7. 1994
  8. 1993
  9. 1989

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In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on wages, the Committee considers it appropriate to examine Convention No. 131 (minimum wage) and Convention No. 95 (protection of wages) together.

Minimum wage

Articles 3 and 4 of Convention No. 131. Elements taken into consideration in determining the level of minimum wages. Minimum wage-fixing machinery. Further to its previous comments, the Committee notes with interest that pursuant to the adoption of a new Labour Code (Act No. 37 of 2015), criteria for the determination of the minimum wage in line with Article 3, as well as a specific periodicity for their review, are now established in section 63 of that Code.

Protection of wages

Article 2 of Convention No. 95. Application to public officials. The Committee notes that the new Labour Code is the main legislation implementing the Convention. It also notes that its section 3 specifies that its provisions shall apply to all workers in the Republic of Iraq, with the exception of public officials appointed in accordance with the Civil Service Law or a special legislation, and members of the armed forces, the police and the internal security forces. The Committee requests the Government to provide information on the manner in which effect is given to the Convention with regard to public officials who are excluded from the application of the Labour Code.
Article 3(1) of Convention No. 95. Payment of wages in legal tender. Further to its previous comments, the Committee notes that section 53(1) of the Labour Code provides that wages due to workers shall be paid in Iraqi currency, unless otherwise specified in the employment contract. It recalls that Article 3(1) provides that wages payable in money shall be paid only in legal tender. The Committee requests the Government to provide information on any cases where payment of wages otherwise than in Iraqi currency is provided for in the employment contract in application of the exception authorized under section 53(1) of the Labour Code.
Article 4. Partial payment of wages in kind. Further to its previous comments, the Committee notes the Government’s indication that the Labour Code does not authorize the partial payment of wages in kind.
Article 7(2). Works stores in remote areas. The Committee notes that section 41(2)(o) of the Labour Code sets out that the employer must provide the workers with the necessary goods and services in remote locations at subsidized prices. Moreover, section 111 concerning workers in quarries, mines and mineral extraction provides that the price paid by a worker in return for transportation, meals and housing in remote and distant areas shall be determined by virtue of the Minister’s decision. The Committee recalls that Article 7(2) provides that the competent authority shall take appropriate measures with the objective of ensuring that stores established and services operated by the employer, where access to other stores or services is not possible, are not operated for the purpose of securing a profit but for the benefit of the workers concerned. The Committee requests the Government to provide information on the decisions adopted to give effect to sections 41(2)(o) and 111 of the Labour Code.
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