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Working Conditions (Hotels and Restaurants) Convention, 1991 (No. 172) - Iraq (RATIFICATION: 2001)

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Article 3 of the Convention. Policy to improve the working conditions of workers in hotels and restaurants. The Government indicates that workers in hotels and restaurants are covered by the provisions of the Labour Code, which it considers to be in conformity with the provisions of the Convention. The Code contains provisions governing hours of work, rest periods, leave, annual holidays and other issues related to working conditions in hotels and restaurants (sections 3(1) and 126 of the Labour Law No. 37 of 2015). The Government adds that the Tourism Authority in the Ministry of Culture is responsible for ensuring the application of the provisions of the Labour Code and the Tourism Authority Act to the tourism sector, including the hotel and restaurant sector. The Tourism Authority is also responsible for the classification and operation of tourist facilities, as well as for licencing and monitoring inspections of these facilities (Instructions No. 1 of 2004 on classification and operation). Employers who are found in violation of the provisions of the Labour Code are referred to the labour courts. In this respect, the Committee notes the information provided by the Government on court decisions issued, as well as a pending complaint made by an employee in the hotel sector. The Committee notes with interest the Government’s indication that it is currently working on the formulation of a national policy on the working conditions in the hotel and catering sector, in coordination with the ILO. It also notes the information provided by the Government on the approval and entry into force of the Law on social security (No. 3 of 2021) and on the collaboration between the National Centre for Occupational Safety and Health and the General Secretariat of the Council of Ministers for the formulation of a comprehensive national policy on occupational safety and health. The Government indicates that the Office will be kept informed of any progress made in this regard. The Committee invites the Government to provide detailed updated information on response and recovery measures taken to mitigate the impact of the COVID-19 pandemic on workers employed in hotels and restaurants. It further requests the Government to keep the Office informed of the outcome of any consultations held with respect to the formulation and adoption of the national policy on working conditions in the hotel and catering sector and on progress made regarding the development of the national policy on occupational safety and health. The Committee expresses the firm hope that the Government will take the necessary measures to accelerate the process of formulating a sector-specific national policy to improve the working conditions of the workers in the hotel and catering sector, including in the areas of social security and occupational safety and health.

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The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2021, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

Article 3 of the Convention. Policy to improve the working conditions of workers in hotels and restaurants. With reference to its previous comment, the Committee notes the Government’s statement that in accordance with Act No. 21 of 2007 amending the Workers’ Pensions and Social Security Act No. 39 of 1971, workers employed in hotels and restaurants, including temporary workers, are covered by the provisions of the Workers’ Pensions and Social Security Act. The Government adds that these workers are also covered by the Instructions on Occupational Safety and Health No. 22 of 1987. Recalling that the Convention specifically requires ratifying states to adopt and apply, in a manner appropriate to national law, conditions and practice, a policy designed to improve the working conditions of the workers concerned, the Committee requests the Government to take the necessary steps in order to initiate the process for the formulation of a national policy regarding the working conditions in the hotel and catering sector, and to keep the Office informed of any progress made in this respect.

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The Committee notes that the Government’s report contains no reply to its previous comments. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 3 of the Convention. Policy to improve the working conditions of workers in hotels and restaurants. With reference to its previous comment, the Committee notes the Government’s statement that in accordance with Act No. 21 of 2007 amending the Workers’ Pensions and Social Security Act No. 39 of 1971, workers employed in hotels and restaurants, including temporary workers, are covered by the provisions of the Workers’ Pensions and Social Security Act. The Government adds that these workers are also covered by the Instructions on Occupational Safety and Health No. 22 of 1987. Recalling that the Convention specifically requires ratifying states to adopt and apply, in a manner appropriate to national law, conditions and practice, a policy designed to improve the working conditions of the workers concerned, the Committee requests the Government to take the necessary steps in order to initiate the process for the formulation of a national policy regarding the working conditions in the hotel and catering sector, and to keep the Office informed of any progress made in this respect.

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The Committee notes that the Government’s report contains no reply to its previous comments. It trusts that the next report will contain full information on the matters raised in its previous comments made in 2013.

Repetition

Article 3 of the Convention. Policy to improve the working conditions of workers in hotels and restaurants. With reference to its previous comment, the Committee notes the Government’s statement that in accordance with Act No. 21 of 2007 amending the Workers’ Pensions and Social Security Act No. 39 of 1971, workers employed in hotels and restaurants, including temporary workers, are covered by the provisions of the Workers’ Pensions and Social Security Act. The Government adds that these workers are also covered by the Instructions on Occupational Safety and Health No. 22 of 1987. Recalling that the Convention specifically requires ratifying states to adopt and apply, in a manner appropriate to national law, conditions and practice, a policy designed to improve the working conditions of the workers concerned, the Committee requests the Government to take the necessary steps in order to initiate the process for the formulation of a national policy regarding the working conditions in the hotel and catering sector, and to keep the Office informed of any progress made in this respect.

CMNT_TITLE

Article 3 of the Convention. Policy to improve the working conditions of workers in hotels and restaurants. With reference to its previous comment, the Committee notes the Government’s statement that in accordance with Act No. 21 of 2007 amending the Workers’ Pensions and Social Security Act No. 39 of 1971, workers employed in hotels and restaurants, including temporary workers, are covered by the provisions of the Workers’ Pensions and Social Security Act. The Government adds that these workers are also covered by the Instructions on Occupational Safety and Health No. 22 of 1987. Recalling that the Convention specifically requires ratifying states to adopt and apply, in a manner appropriate to national law, conditions and practice, a policy designed to improve the working conditions of the workers concerned, the Committee requests the Government to take the necessary steps in order to initiate the process for the formulation of a national policy regarding the working conditions in the hotel and catering sector, and to keep the Office informed of any progress made in this respect.

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Article 3 of the Convention. Policy to improve the working conditions of workers in hotels and restaurants. The Committee notes the information contained in the Government’s succinct first report on the application of the Convention. Taking into account the ongoing process of national reconstruction and also the unstable security situation in the country, the Committee does not intend to address any specific comments with regard to existing legislation, but would appreciate if the Government would keep the Office informed of any developments – legislative, administrative or others – concerning the implementation of the Convention, especially the formulation of a policy designed to improve the working conditions of workers in the hotel and catering sector, or the amendment of social security legislation extending its coverage to temporary workers. The Committee also requests the Government to continue providing information on any progress made with respect to the new draft Labour Code, which was prepared in 2007 and which is currently in the process of adoption.