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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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Articles 1 and 3 of the Convention. Minimum wage system. The Committee recalls its previous comments in which it noted the adoption of Order No. 154 of 2009 setting the new minimum wage rate for the private sector at 12,000 Iraqi dinars (approximately US$10.20) per day. The Committee also recalls the Government’s statement that the consultative committee on the minimum wage was expected to meet and make recommendations on the readjustment of that minimum wage rate in view of the increasing inflation rate. In its last report, however, the Government does not indicate any new developments concerning the review of the minimum wage. The Committee requests the Government to provide up-to-date information on the revision of the current minimum wage level, especially in light of the provisions of section 57 of the new draft Labour Code (as it read in the text communicated to the Office in July 2010), which establishes the composition of the consultative committee responsible for proposing, at regular intervals, the minimum wage rate for an unskilled worker, enumerates the elements to be taken into consideration in determining the level of the minimum wage and provides for three yearly reviews of the cost of living and other economic conditions. The Committee also requests the Government to provide information, including labour inspection statistics, if available, on measures taken to ensure compliance with the applicable minimum wage, especially as regards migrant construction workers who are reportedly subjected to abusive pay practices.

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Articles 1 and 3 of the Convention. Minimum wage system. The Committee notes the adoption of Order No. 409 of 2008 and Order No. 154 of 2009 which set the new minimum wage rate for the private sector at 12,000 Iraqi dinars (IQD) (approximately US$10.20) per day. The Committee would appreciate receiving a copy of these Orders. In addition, the Committee notes the Government’s indication that in view of the current inflation rate, the consultative committee on the minimum wage is expected to meet soon and make a recommendation on the readjustment of the minimum wage rate. The Committee also notes that according to data published by the UN Inter-Agency Information and Analysis Unit, the proportion of the population living in extreme poverty increased from 15 per cent in 2005 to 18 per cent in 2008 while food prices increased in the same period by 60 per cent on the average. The Committee accordingly requests the Government to provide some indication as to whether the current minimum wage level is sufficient to cover workers’ basic needs and to provide a decent standard of living for workers and their families.
Article 5 and Part V of the report form. Adequate inspection. Practical application. The Committee notes the Government’s statement that the minimum wage is generally observed and the labour inspection services have not recorded any violation of the relevant legislation. The Committee notes, however, that considerable numbers of migrant workers, especially in the construction sector, are reportedly subjected to abusive practices, including withholding of wages or underpayment. The Committee requests the Government to supply up to-date information on the practical application of the Convention, including for example labour inspection results showing the number of visits carried out, infringements observed and sanctions imposed, the approximate number of workers paid at the minimum wage rate, and statistical data, if available, on the evolution of the minimum wage rate in recent years as compared to the evolution of economic indicators such as the consumer price index in the same period.

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Articles 1 and 3 of the Convention. Minimum wage system. The Committee notes the Government’s first report on the application of the Convention since 1997. It also notes that the process of adoption of the new draft Labour Code is advancing, the text being currently examined by the State Consultative Council. The Committee notes, in particular, that draft section 53(1) of the new draft Labour Code essentially reproduces the provisions of the existing Labour Code of 1987 on the statutory minimum wage to be fixed by government decision, pursuant to a proposal of the Ministry of Labour and Social Affairs after consultation with the tripartite Minimum Wage Board, while draft sections 55(2) and 55(4) specify for the first time the elements to be taken into consideration in determining the level of the minimum wage and also provide for the adjustment of the minimum wage from time to time on the basis of periodic reviews of changes in the cost of living. While being aware of the special situation and extraordinary challenges the country continues to face, the Committee hopes that the Government will pursue its efforts to reactivate its minimum wage fixing machinery and fully implement a system of minimum wages which would be in conformity with the requirements of the Convention. It requests the Government to keep the Office informed of any progress made in the process of revision of the Labour Code and to transmit a copy of the new legislation, once it has been finalized.

Article 4, paragraph 2. Consultation of employers’ and workers’ organizations. The Committee notes the Government’s indications that the consultative committee on the minimum wage set up under section 46(1) of the Labour Code of 1987 held its last meeting in 2006 and fixed a minimum wage rate which was then transmitted to the responsible authorities for approval. The Committee requests the Government to provide more detailed information on any measures taken to follow up on the recommendations of the consultative committee, in particular the readjustment of the statutory minimum wage, and to transmit a copy of any relevant legal text which may have been adopted in this regard.

Part V of the report form. Practical application. The Committee asks the Government to provide general information on the application of the Convention in practice, including statistical data, if available, on the number of workers covered by the minimum wage legislation and the estimated number of workers earning the minimum wage; extracts from inspection reports indicating the number of violations observed with respect to the payment of the minimum wage and the penalties imposed; practical indications as to the evolution of the minimum wage in recent years as compared to the evolution of other indicators, such as the inflation rate, in the same period; copies of any recent studies addressing minimum wage policy issues, etc.

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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 information provided in the Government’s report. It notes, in particular, that the minimum wage is regulated according to the position occupied by a worker. However, with reference to its previous request, the Committee notes that the Government’s report does not contain any information on the following points.

1. Noting the Government’s previous indication that the authorities use the same measures for fixing the minimum wage for young persons, apprentices and the disabled, the Committee again asks the Government to clarify whether this means that these categories of workers are covered by the general minimum wage or that separate rates applicable to them are fixed by the same method.

2. Given that the Government’s report does not contain any information on the application of the Convention in practice, the Committee hopes that the Government will provide, in accordance with Article 2, paragraph 1, of the Convention in conjunction with Article 5 and Part V of the report form, general information on the application of the Convention in practice, including: (i) the minimum wage rates in force; (ii) the available data on the number and different categories of workers covered by minimum wage provisions; and (iii) the results of inspections carried out (e.g. the number of violations of minimum wage provisions, the penalties imposed, etc.).

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The Committee notes the information provided in the Government's report. It notes, in particular, that the minimum wage is regulated according to the position occupied by a worker. However, with reference to its previous request, the Committee notes that the Government's report does not contain any information on the following points:

1. Noting the Government's previous indication that the authorities use the same measures for fixing the minimum wage for young persons, apprentices and the disabled, the Committee again asks the Government to clarify whether this means that these categories of workers are covered by the general minimum wage or that separate rates applicable to them are fixed by the same method.

2. Given that the Government's report does not contain any information on the application of the Convention in practice, the Committee hopes that the Government will provide, in accordance with Article 2, paragraph 1, of the Convention in conjunction with Article 5 and point V of the report form, general information on the application of the Convention in practice, including: (i) the minimum wage rates in force; (ii) the available data on the number and different categories of workers covered by minimum wage provisions; and (iii) the results of inspections carried out (e.g. the number of violations of minimum wage provisions, the penalties imposed, etc.).

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1. With reference to its previous comments, the Committee notes the information in the Government's report, particularly concerning Article 3 and Article 4, paragraphs 2 and 3(b), of the Convention and also the attached copy of the Order of the Minister of Labour and Social Affairs, No. 1 of 1991, which sets up the committee under section 46(1) of the Labour Code.

2. The Committee requests the Government to indicate the latest rates of minimum wages fixed or adjusted by the above committee during the period covered by the report (Article 4, paragraph 1). It also requests it to supply any available information on the approximate number of workers covered by the minimum wages under the Labour Code (Article 1).

3. Noting the Government's indication that the authorities use the same measures for fixing the minimum wages for young persons, apprentices and the disabled, the Committee asks the Government to clarify whether this means that these categories of workers are covered by the general minimum wages or that separate rates applicable to them are fixed by the same method.

4. The Committee requests the Government to provide information on the application of minimum wages in practice, including, in particular, the number of infringements especially of Part IV, Chapter 2, section 47 of the Code, which have been observed by labour inspectors, and the number of sanctions imposed under section 53.

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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 following matters raised in its previous direct request:

1. The Committee noted Act No. 71 of 1987 promulgating the Labour Code and particularly the provisions concerning minimum wages. The Committee requests the Government to indicate whether the Order of the Minister of Labour and Social Affairs to set up the committee provided for in section 46 I of the above Code has been adopted and, if this is the case, to supply a copy.

2. Article l, paragraphs 2 and 3, of the Convention. The Committee requests the Government to indicate the measures that have been adopted to establish a minimum wage to protect persons who do not work in the private, mixed and cooperative sectors and who, under section 8 of the Labour Code of 1987, are not covered by the Code. It also requests it to supply any available information on the approximate number of persons covered by the Code.

3. The Committee requests the Government to indicate the measures that have been taken or are envisaged to establish minimum wages for young persons, apprentices and the disabled. It also requests it to indicate the manner in which employers' and workers' organizations were consulted.

4. Article 3. The Committee points out that, in order to determine the level of minimum wages, so far as is possible and appropriate in relation to national practice and conditions, account should be taken of the needs of workers and their families, taking into consideration the general level of wages in the country, the cost of living, social security benefits and the relative living standards of other social groups, as well as economic factors, including the requirements of economic development, levels of productivity and the desirability of attaining and maintaining a high level of employment. The Committee requests the Government to indicate the extent to which account has been taken of the various elements enumerated in this Article when determining the new levels of minimum wages.

5. Article 4, paragraph 1. The Committee requests the Government to indicate the new levels which were fixed or adjusted during the period covered by the report.

6. Article 4, paragraph 2. The Committee requests the Government to indicate how provision has been made for full consultation with the organizations of employers and workers, as laid down in this provision.

7. Article 4, paragraph 3(b). Under the terms of section 46 I(f), two members chosen by the Minister of Labour and Social Affairs on the basis of their experience in and knowledge of various aspects of wage planning are to be members of the committee responsible for fixing the minimum wage. The Committee points out in this connection that the Convention provides that the organizations of workers and employers concerned shall be fully consulted regarding such appointments. It requests the Government to indicate whether the organizations concerned have been or will be consulted when these appointments are made.

8. Article 5. The Committee requests the Government to indicate the practical steps that have been taken to give effect to the provisions of this Article. It requests it, in particular, to indicate the number of infringements committed regarding the application of Part IV, Chapter 2 of the Code, and especially of section 47 of the Code, and the number of sentences handed down under section 53.

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The Committee notes Act No. 71 of 1987 promulgating the Labour Code and particularly the provisions concerning minimum wages. The Committee requests the Government to indicate whether the Order of the Minister of Labour and Social Affairs to set up the committee provided for in section 46 I of the above Code has been adopted and, if this is the case, to supply a copy and it also requests it to provide information on the following points.

1. Article l, paragraphs 2 and 3, of the Convention. The Committee requests the Government to indicate the measures that have been adopted to establish a minimum wage to protect persons who do not work in the private, mixed and co-operative sectors and who, under section 8 of the Labour Code of 1987, are not covered by the Code. It also requests it to supply any available information on the approximate number of persons covered by the Code.

2. The Committee requests the Government to indicate the measures that have been taken or are envisaged to establish minimum wages for young persons, apprentices and the disabled. It also requests it to indicate the manner in which employers' and workers' organisations were consulted.

3. Article 3. The Committee points out that, in order to determine the level of minimum wages, so far as is possible and appropriate in relation to national practice and conditions, account should be taken of the needs of workers and their families, taking into consideration the general level of wages in the country, the cost of living, social security benefits and the relative living standards of other social groups, as well as economic factors, including the requirements of economic development, levels of productivity and the desirability of attaining and maintaining a high level of employment. The Committee requests the Government to indicate the extent to which account has been taken of the various elements enumerated in this Article when determining the new levels of minimum wages.

4. Article 4, paragraph 1. The Committee requests the Government to indicate the new levels which were fixed or adjusted during the period covered by the report.

5. Article 4, paragraph 2. The Committee requests the Government to indicate how provision has been made for full consultation with the organisations of employers and workers, as laid down in this provision.

6. Article 4, paragraph 3(b). Under the terms of section 46 I(f), two members chosen by the Minister of Labour and Social Affairs on the basis of their experience in and knowledge of various aspects of wage planning are to be members of the committee responsible for fixing the minimum wage. The Committee points out in this connection that the Convention provides that the organisations of workers and employers concerned shall be fully consulted regarding such appointments. It requests the Government to indicate whether the organisations concerned have been or will be consulted when these appointments are made.

7. Article 5. The Committee requests the Government to indicate the practical steps that have been taken to give effect to the provisions of this Article. It requests it, in particular, to indicate the number of infringements committed regarding the application of Part IV, Chapter 2 of the Code, and especially of section 47 of the Code, and the number of sentences handed down under section 53.

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