Demande directe (CEACR) - adoptée 2014, publiée 104ème session CIT (2015)

Convention (n° 132) sur les congés payés (révisée), 1970 - Iraq (Ratification: 1974)

Autre commentaire sur C132

Observation

Demande directe

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Article 2 of the Convention. Scope of application. The Committee understands that in January 2014, new discussions have been initiated before the Iraqi Parliament in order to adopt the new Labour Code and that they are still pending. However, it further notes that this new text covers only the private sector and makes no reference to the public sector. In this connection, the Committee draws the Government’s attention to Article 2(1) of the Convention, which expressly states that the Convention applies to all employed persons, with the exception of seafarers. The Committee therefore requests the Government to provide in its next report clarifications on how the new Labour Code will give effect to this Article of the Convention.

Article 12. Prohibition to forgo annual holidays for monetary compensation. The Committee notes that section 72(3) of the draft Labour Code, as communicated to the International Labour Office in July 2010, continues to permit monetary compensation in lieu of annual leave in case the employer refuses to grant such leave and, accordingly, would not be in line with the requirements of the Convention. The Committee recalls, in this respect, that the Convention prohibits annual holiday from being replaced by cash compensation (except in case of termination of the employment relationship) so as to ensure that workers effectively enjoy their acquired holiday rights in the form of a sufficient period of rest and leisure necessary for their health and well-being. The Committee therefore requests the Government to ensure that the new Labour Code will guarantee the effective exercise of the right to annual paid holidays for workers, irrespective of any cash compensation paid by the employer.