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The Committee notes with interest the Government’s report received at the ILO on 29 September 2008, and its commitment to fulfilling its obligations arising from the Convention. It notes that the adoption of the Labour Code, the draft of which has been submitted to the ILO, will constitute the first step in this direction. Taking account of the Government’s request regarding the necessary period of time for bringing the Code into line with the Convention in consultation with the partners concerned, the Committee would already like to draw the Government’s attention to the following points.
Articles 2, 10 and 16 of the Convention. Scope, means and coverage of the labour inspection system. The Committee notes the Government’s information to the effect that all workplaces, without exception, are liable to inspection. It must emphasize that it is essential, so that the inspection services can fulfil their vital socio-economic mission assigned to them under the Convention, that a register of industrial and commercial workplaces employing wage workers is established and kept up to date. Thus, the numbers of inspection staff and also the material resources and means of transport necessary for ensuring progressive coverage can be determined and relevant budgetary estimates can be made. The Committee therefore requests the Government to take the necessary steps to establish and keep up to date a register of industrial and commercial workplaces liable to inspection, including information on their geographical distribution, the number of men and women workers employed therein, and also the activities carried out therein. The Committee would be grateful if the Government would keep the ILO informed of all progress made in this respect.
Article 3. Functions of the labour inspection system. According to the Government, some labour inspectors only perform inspection duties while others are assigned to different tasks. The Committee reminds the Government that, under the terms of Article 3(1) of the Convention, the functions of the labour inspection system are: (a) to secure the enforcement of the legal provisions relating to conditions of work and the protection of workers while engaged in their work; (b) to supply technical information and advice to employers and workers concerning the most effective means of complying with the legal provisions; and (c) to bring to the notice of the competent authority defects or abuses not specifically covered by existing legal provisions. The Committee would be grateful if the Government would state the number of men and women labour inspectors discharging these duties and also their geographical distribution, by grade and category.
Article 5(a). Cooperation between the labour inspectorate and other public bodies. According to the Government, cooperation between the labour inspectorate and other bodies performing similar tasks takes place in cases involving industrial accidents and cases where workers are exposed to occupational risks and require medical examinations. The Committee would be grateful if the Government would supply details on the working of such cooperation, illustrated if possible with practical examples.
Articles 5(b) and 12. Cooperation between the labour inspectorate and employers’ and workers’ organizations. According to the Government, there is ongoing cooperation between the labour inspectorate and employers’ and workers’ organizations through tripartite inspection committees. The Committee notes under section 6 in the report that inspection committees each comprise an official from the Ministry of Labour, whose sole responsibility is for inspection, and a representative of each employers’ and workers’ organization. According to section 116(2) of the Labour Code in force, the labour inspector may nevertheless, as chairperson of the inspection committee, be authorized to conduct an inspection alone in case of need or urgency, once authorization from his immediate superior has been obtained. The inspector must then contact the other two members of the committee as soon as possible, in order to enable them to participate in inspection operations. The Committee hopes that the Government will take the necessary steps to ensure that, in accordance with Article 12(1)(a) of the Convention, labour inspectors are empowered to enter freely, that is without being obliged to obtain specific prior permission from the higher authority, any workplace liable to inspection. It also requests the Government to ensure that the other powers of investigation and inspection conferred on inspection committees pursuant to section 117(1)(c)–(f) and (2)(d) of the Labour Code are also conferred on every labour inspector in accordance with the terms of the Convention.
The Committee also requests the Government to take steps to ensure that the legislation is revised in such a way that, in accordance with the provisions of Article 12(1)(c)(i) of the Convention, labour inspectors are in any case authorized to interrogate, alone or in the presence of witnesses, the employer or the staff of the undertaking on any matters concerning the application of the legal provisions.
Articles 6 and 7. Status, qualifications and training of labour inspection staff. The Committee notes the Government’s information to the effect that inspectors must be qualified in administration and may only be appointed if they hold a diploma in secondary education and have completed a course of training. The Committee notes that this level of education is lower than the university level required by section 119 of the Labour Code. It recalls that, according to Article 6 of the Convention, the inspection staff must be composed of public officials whose status and conditions of service are such that they are assured of stability of employment and are independent of changes of government and of improper external influences. According to Article 7, the means of ascertaining such qualifications must be determined by the competent authority (paragraph 2), and labour inspectors must be adequately trained for the performance of their duties. The Committee would be grateful if the Government would indicate whether labour inspectors are public officials and state their level of remuneration in comparison with that of other officials with similar responsibilities.
It also requests the Government to indicate whether steps have been taken to ensure that men and women candidates for the profession of inspector possess, apart from the requisite level of education, the particular aptitudes, especially in psychological and technical terms, necessary for the performance of their diverse and complex tasks. If so, the Government is requested to indicate what measures have been taken.
Article 11. Transport and other facilities necessary for the performance of inspection duties. The Government indicates that the competent authority covers all costs and expenses and provides the necessary means of transport for the performance of inspection duties. The Committee requests the Government to supply copies of any text governing the coverage of such costs and expenses and describe the procedure to be followed by inspectors to obtain the facilities and allowances necessary for their professional travel and also, if applicable, the reimbursement of any expenses that they incur. The Government is also requested to indicate the distribution of vehicles made available to labour inspectors for their inspection visits and to describe the procedure for obtaining a vehicle to this end.
Articles 13 and 17. Power of labour inspectors to issue orders to eliminate risks to workers’ safety and health and power to prosecute persons committing violations. Under Article 13 of the Convention, the Government seems to refer in its report to section 120 of the Labour Code, under the terms of which the inspection committee submits to the Labour Department and the trade union federation a report containing its observations and recommendations regarding possible prosecution of anyone responsible for violating the legislation. The Committee reminds the Government that Article 13 of the Convention aims to empower inspectors to make or to have made orders to remove a risk to the health or safety of the workers, such measures not being intended as a penalty but to fulfil a preventive role. This provision should be distinguished from Article 17, which defines the various means of action at the disposal of inspectors to ensure the application of the legal provisions relating to conditions of work in general (occupational safety and health but also hours of work, pay, weekly rest, holidays, etc.). According to Article 17, labour inspectors should have the discretion to decide, according to the nature and seriousness of the violation, or the general attitude of the employer with regard to his obligations, whether or not to give warning and advice instead of instituting or recommending proceedings. Drawing the Government’s attention to the relevant parts of the General Survey of 2006 on labour inspection (paragraphs 105–117, as regards the powers of injunction provided for by Article 13, and paragraphs 279–302, as regards the means of action provided for by Article 17), the Committee requests the Government to provide precise information on the manner in which effect is given or planned to be given to each of the provisions of these Articles of the Convention.
Articles 19, 20 and 21. Labour inspection reports. According to the Government, a quarterly report drawn up on the basis of inspection reports and containing recommendations is submitted to the competent authority, with a copy sent to the trade union federation. The Committee requests the Government to send copies of the quarterly reports relating to the period covered by its next report and to take steps to ensure that, in the very near future, an annual report as prescribed by Articles 20 and 21 is published and a copy sent to the ILO. It requests the Government to inform the ILO of all progress made in this respect.
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 that the Government has not provided the report due under article 22 of the Constitution of the ILO. It notes that the information provided by the Government on the operation and activities of the labour inspection system is furnished under the terms "projects realized", "projects guaranteed", "projects not guaranteed", without any indication being provided as to the meaning of these expressions. It would be grateful if the Government would report in detail on the manner in which effect is given in law and practice to the provisions of the Convention, including the information required by the report form. The Committee also draws the Government’s attention to the following points. Staff of the labour inspectorate and coverage of needs. The Government indicates that the staff of the 50 inspection committees amounts to 52 labour inspectors, but only 30 representatives of the General Federation of Trade Unions and nine representatives of the Confederation of Industry of Iraq. Noting that, in accordance with section 116(2) of the Labour Code, inspections may only be undertaken, except in cases of emergency or necessity, by the fully constituted tripartite committee, the Committee therefore notes that only nine inspection committees can be operational simultaneously in the country, which is bound to result in practice in only a limited number of inspections in relation to the requirements of Article 16 of the Convention, under which workplaces shall be inspected as often and as thoroughly as is necessary to ensure the effective application of the relevant legal provisions. Authority of labour inspectors. The Committee notes that although, in accordance with Article 13, paragraph 2(b), of the Convention, the inspection committee, under the terms of section 117(f) of the Labour Code, is empowered to order urgent measures in the event of imminent danger, such as the total or partial stoppage of work or the evacuation of the workplace, in contrast, the authority of labour inspectors appears to be weakened by the procedure applicable in respect of action pursuant to violations of the labour legislation, in accordance with which reports of violations have to be submitted to the hierarchical authorities so as to decide on whether they should be dealt with by the competent judicial body. The combined effect of these delays between the attestation of the violation, the judicial decision and finally the time at which the penalty is imposed, combined with the fact that the amounts of penalties do not appear to have been changed since the adoption of the Labour Code in 1987, are all factors which weaken the dissuasive nature of the action taken and penalties imposed upon those responsible for violating legal provisions respecting conditions of work and the protection of workers. In the light of the above and noting, firstly, that the annual inspection report provided does not appear to be published as required by Article 20 and, secondly, that it does not address all the matters enumerated in Article 21, the Committee would be grateful if the Government would take the necessary measures to ensure the publication and transmission of such a report with a view to providing the Committee with a good basis for supervising the application of the Convention. It reminds the Government of the possibility of having recourse to the technical assistance of the ILO for this purpose, as well as for the appropriate amendments to the legislation to bring it into greater conformity with the Convention, particularly on the points mentioned above.
The Committee notes that the Government has not provided the report due under article 22 of the Constitution of the ILO. It notes that the information provided by the Government on the operation and activities of the labour inspection system is furnished under the terms "projects realized", "projects guaranteed", "projects not guaranteed", without any indication being provided as to the meaning of these expressions. It would be grateful if the Government would report in detail on the manner in which effect is given in law and practice to the provisions of the Convention, including the information required by the report form.
The Committee also draws the Government’s attention to the following points.
Staff of the labour inspectorate and coverage of needs. The Government indicates that the staff of the 50 inspection committees amounts to 52 labour inspectors, but only 30 representatives of the General Federation of Trade Unions and nine representatives of the Confederation of Industry of Iraq. Noting that, in accordance with section 116(2) of the Labour Code, inspections may only be undertaken, except in cases of emergency or necessity, by the fully constituted tripartite committee, the Committee therefore notes that only nine inspection committees can be operational simultaneously in the country, which is bound to result in practice in only a limited number of inspections in relation to the requirements of Article 16 of the Convention, under which workplaces shall be inspected as often and as thoroughly as is necessary to ensure the effective application of the relevant legal provisions.
Authority of labour inspectors. The Committee notes that although, in accordance with Article 13, paragraph 2(b), of the Convention, the inspection committee, under the terms of section 117(f) of the Labour Code, is empowered to order urgent measures in the event of imminent danger, such as the total or partial stoppage of work or the evacuation of the workplace, in contrast, the authority of labour inspectors appears to be weakened by the procedure applicable in respect of action pursuant to violations of the labour legislation, in accordance with which reports of violations have to be submitted to the hierarchical authorities so as to decide on whether they should be dealt with by the competent judicial body. The combined effect of these delays between the attestation of the violation, the judicial decision and finally the time at which the penalty is imposed, combined with the fact that the amounts of penalties do not appear to have been changed since the adoption of the Labour Code in 1987, are all factors which weaken the dissuasive nature of the action taken and penalties imposed upon those responsible for violating legal provisions respecting conditions of work and the protection of workers.
In the light of the above and noting, firstly, that the annual inspection report provided does not appear to be published as required by Article 20 and, secondly, that it does not address all the matters enumerated in Article 21, the Committee would be grateful if the Government would take the necessary measures to ensure the publication and transmission of such a report with a view to providing the Committee with a good basis for supervising the application of the Convention. It reminds the Government of the possibility of having recourse to the technical assistance of the ILO for this purpose, as well as for the appropriate amendments to the legislation to bring it into greater conformity with the Convention, particularly on the points mentioned above.
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 report provided by the Government in reply to its previous comments.
Article 20 of the Convention. The Committee takes note of the annual report on the activities of the labour inspection services for 1995 which was communicated in May 1997. The Committee recalls that, under the terms of paragraphs 1 and 2 of this Article, these reports should be published and publication should take place within a period of not more than 12 months from the end of the year to which they relate. The Committee would be grateful if the Government would provide further information in its next report on the manner in which these provisions are applied.
Article 21. Noting the statistics of industrial accidents and occupational diseases required under Article 21(f) and (g) of the Convention, the Committee again draws the Government's attention to its general observation of 1996 concerning the potential usefulness of the practical ILO guidelines on the "Recording and notification of occupational accidents and diseases" (ILO, 1996) as a basic work of reference for the collection, recording and communication of reliable data on occupational accidents and diseases and related statistics, for the development of appropriate systems for the recording and notification of occupational accidents and diseases, and as a guide for joint action by employers and workers for the prevention of such accidents and diseases.
General application of the Convention. For a number of years, the Government's reports have not contained information on developments in legislation and practice relating to the application of the Convention. The Committee requests the Government to provide the detailed information required by the Convention in its next report.
The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:
Further to its previous comments made over several years, the Committee notes the particularly brief government report indicating that the Government will do its best in the future to publish annual labour inspection reports within the time-limits set in Article 20 of the Convention and to ensure that they contain all relevant information on the activities of the inspection service including on all those listed in Article 21 and in particular Article 21(c) (statistics of workplaces liable to inspection), Article 21(d) (statistics of inspection visits), and Article 21(e) (statistics of violations and penalties imposed). It reiterates the need for the Government to submit reports on the application of this Convention in accordance with the report form approved by the Governing Body. The Committee trusts the Government will not fail to take the necessary measures very shortly to ensure the full implementation of the Convention.
The Committee hopes that the Government will make every effort to take the necessary action in the very near future.
Further to its previous comments made over several years, the Committee notes the particularly brief government report and the report on the activities of the inspection services for 1992. The Committee wishes to point out the need for the Government to submit reports on the application of this Convention in accordance with the report form approved by the Governing Body. It also notes that once again the Government has submitted an annual report on the activities of the inspection services that does not conform to the requirements of the Convention regarding publication of such reports within the time-limits set in Article 20 of the Convention, and the need to provide, in these reports, all relevant information on the activities of the inspection service including on all those listed in Article 21 and in particular in Article 21(c) (statistics of workplaces liable to inspection), Article 21(d) (statistics of inspection visits), and Article 21(e) (statistics of violations and penalties imposed). The Committee trusts the Government will not fail to take the necessary measures shortly to ensure the full implementation of the Convention.
The Committee notes that the Government's report has not been received. It has nevertheless taken note of the annual inspection report for 1989. It hopes that a report on the application of the Convention will be supplied; that the annual inspection reports will in future be published and transmitted in accordance with Article 20 of the Convention; and that they will include the information required under (e) (statistics on violations and sanctions) and (g) (occupational diseases) of Article 21.
Article 20 of the Convention. The Committee notes with regret that no reports on the activities of the inspection services have been transmitted to the ILO since 1974. While noting from a communication of the Government that a report has been published, it is bound to recall that annual reports on the work of the inspection services must be published within 12 months from the end of the year to which they relate and transmitted to the ILO within three months of publication. The Committee trusts that, in future, the time laid down in this Article of the Convention will be respected.
Article 20 of the Convention. The Committee notes with regret that no reports on the activities of the inspection services have been transmitted to the ILO since 1974. While noting from a communication of the Government that a report has been published, it is bound to recall that annual reports on the work of the inspection services must be published within 12 months from the end of the year to which they relate and transmitted to the ILO within three months of publication. The Committee trusts that, in future, the time-limits laid down in this Article of the Convention will be respected. [The Government is asked to supply full particulars to the Conference at its 77th Session.]