Demande directe (CEACR) - adoptée 2015, publiée 105ème session CIT (2016)

Convention (n° 81) sur l'inspection du travail, 1947 - Iraq (Ratification: 1951)

Autre commentaire sur C081

Observation

Demande directe

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The Committee notes the information provided by the Government in reply to its previous requests concerning the discontinuation of the performance of additional duties by labour inspectors (Article 3(2) of the Convention), practical examples relating to the cooperation between the labour inspectorate and other public bodies, mainly in the area of social security and occupational safety and health (OSH) (Article 5(a)), and statistics on the number of cases referred to the labour courts and their outcome (Articles 17 and 18).

Legislation. The Committee notes that a new Labour Code was adopted on 15 October 2015, an unofficial translation of which is available at the Office. With reference to its previous comments concerning the lack of dissuasive sanctions under the 1987 Labour Code, the Committee notes with interest that the penalties for labour law violations in the recently adopted Labour Code appear to have been significantly increased. For example, under the 2015 Labour Code, violations of the provisions concerning the prohibition of child labour are punishable with a prison sentence of up to six months, or a penalty of up to IQD1 million (approximately US$896), whereas the 1987 Labour Code provided for a prison sentence between ten days and three months, or a fine between IQD100 (approximately US$1) to IQD300 (approximately US$3).

Articles 3, 5(b) and 12 of the Convention. Freedom of labour inspectors to undertake inspections at their own initiative. Conditions and modalities of collaboration with representatives of employers and workers in tripartite inspection committees. The Committee previously noted that pursuant to section 116 of the Labour Code, labour inspections shall be performed by inspection committees including representatives of employers and workers that are chaired by a labour inspector; and that in case of necessity or urgency, labour inspections may be made by labour inspectors alone subject to a prior authorization by their immediate superiors.

In this regard, the Committee would like to refer to the report of the tripartite Committee set up to examine the representation under article 24 of the Constitution alleging non-observance by the Republic of Moldova of this Convention, and adopted by the Governing Body at its 323rd Session (March 2015). In this report, the tripartite Committee considered that the requirement to obtain prior permission to undertake an inspection in all cases constitutes a restriction on the free initiative of inspectors to undertake an inspection, including where they have reason to believe that an undertaking is in violation of the legal provisions.

The Committee notes that section 128 of the 2015 Labour Code appears to provide for the exclusive competence of tripartite committees to perform labour inspections (including representatives of the National Centre for Occupational Safety and Health where considered necessary), without foreseeing the possibility of individual labour inspectors to conduct labour inspections alone. The Committee requests the Government to take the necessary measures to ensure that labour inspectors have the power to perform labour inspections alone. It further requests the Government to take the necessary measures to ensure that the free initiative of inspectors to undertake an inspection in any workplace liable to inspection is not impeded, in accordance with Article 12 of the Convention. Please also provide detailed information on the conditions and modalities of collaboration between labour inspectors and representatives of employers and workers within the tripartite inspection committees.

Articles 6 and 7. Conditions of service, qualifications and training of labour inspection staff. The Committee notes that the Government indicates, in reply to its request concerning the level of remuneration of labour inspectors, that labour inspectors will be granted special danger pay allowances amounting to 25 per cent calculated on the basis of their nominal salary, as a compensation for the difficulties and risks encountered during the performance of their duties, in addition to the financial bonuses granted to them whenever possible. Concerning capacity development, the Committee notes that the Government refers to in-service training courses for labour inspectors, but that it does not provide further details in this regard. The Committee once again requests the Government to provide information on the level of remuneration of labour inspectors in comparison with that of other public officials with similar responsibilities, such as tax inspectors. It also requests the Government to provide information on the initial and further training provided to labour inspectors (duration, subjects covered, number of participants, etc.).

Articles 10 and 16. Number of labour inspectors and coverage of workplaces by labour inspections. The Committee notes the Government’s indications in its 2014 report that the number of labour inspectors is 110 (50 in Baghdad, and 60 in other governorates), and that each enterprise is covered by labour inspections at least two times a year. However, the Committee also notes the information provided by the Government in the 2013 annual report on labour inspection, according to which the number of labour inspectors is 160 (and the number of inspection committees is 63). The Committee requests the Government to explain the discrepancies in these numbers. It also requests the Committee to continue to provide up-to-date information on the number of labour inspectors (at the central and regional levels). Please also continue to provide information on the number of inspection committees (and their composition).

Article 11. Transport and other facilities necessary for the performance of inspection duties. The Committee notes the Government’s indications that there is a sufficient number of official vehicles for labour inspections, both in Baghdad and in the other governorates, and that each inspection committee arranges to have a vehicle available each morning. The Government further indicates that labour inspectors are provided with the necessary stationary and that no real expenses are incurred by them in the performance of their duties. The Committee requires the Government to describe in detail the material means available in each of the labour inspection services (measuring devices, computers, printers, telephone, cell phones, etc.) and the number and type of transport facilities available for inspection purposes. Please also indicate whether incidental costs and expenses incurred during inspection visits (such as expenditures on petrol, meals and accommodation) are reimbursed to labour inspectors.

Article 13(2)(b). Measures with immediate executory force in the event of imminent danger to the health or safety of workers. The Committee notes that section 122(3) of the recently adopted Labour Code provides that if an employer does not apply the OSH instructions, the Ministry may, after having issued a warning requesting the employer to rectify the violation, close the work premises or shut off one or more machines until the circumstances giving rise to the closing or shutting-off have been eliminated.

The Committee notes that section 122(3) appears to empower the labour inspection committees to instruct employers to rectify situations that may constitute a threat to the health or safety of workers (Article 13(1)) and to empower the Ministry upon the application of the labour inspection committees to make alterations to the installations or plant (Article 13(2)(a)). However, it appears that this section does not implement Article 13(2)(b), the purpose of which is to protect workers in the event of imminent danger to their health or safety (and which may not be achieved if a previous warning notice has to be issued in each case before measures with immediate executory force may be adopted). The Committee also recalls that in accordance with Article 13(2), under the national legislation, any order may be made subject to appeal. The Committee requests the Government to take the necessary measures to bring the national legislation into conformity with Article 13(2)(b) of the Convention.

Article 17(1) and (2). Discretionary powers of labour inspectors. The Committee notes that section 134(1) of the 2015 Labour Code provides that the Minister must issue a warning to contravening employers before referring a case to the competent courts. The Committee recalls that Article 17(1) provides that persons who violate or neglect to observe legal provisions enforceable by labour inspectors shall be liable to prompt legal proceedings without previous warning, and that Article 17(2) provides that it shall be left to the discretion of labour inspectors to give warning and advice instead of instituting or recommending proceedings. The Committee requests the Government to take the necessary measures to ensure that the national legislation provides, in accordance with Article 17(1) and (2) of the Convention, that prompt legal proceedings may be initiated or recommended without previous warning, where this is deemed necessary to ensure compliance with the legal provisions in relation to conditions of work and the protection of workers.

Articles 20 and 21. Annual reports on the activities of the labour inspection activities. The Committee notes that statistical reports on the annual labour inspection activities for 2011, 2012 and 2013 have been sent with the Government’s report, and that they contain information on many of the subjects required under the Convention, including the staff of the labour inspection service (Article 21(b)); statistics of inspection visits and workers concerned by these visits (Article 21(d)); statistics of violations detected, cases referred to the courts and the corresponding number of convictions (Article 21(e)); and statistics of industrial accidents (Article 21(f)). While welcoming the level of information contained in these reports, the Committee also notes that these reports do not contain information on the number of workplaces subject to labour inspection, and the workers employed therein (Article 21(c)). The Committee considers that this information should be available, in view of the Government’s indications that the Inspection Division of the Ministry of Labour and Social Affairs maintains a database of industrial and commercial workplaces liable to inspection containing information on their number and geographical distribution, and the number of male and female workers employed therein. The Committee requests the Government to continue to publish and send to the ILO annual inspection reports which include detailed information on all of the subjects covered by Article 21(a)–(g), in particular information on the number of workplaces subject to labour inspection and the workers employed therein.