Demande directe (CEACR) - adoptée 2021, publiée 110ème session CIT (2022)

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 its report, in reply to its previous requests concerning the training provided to labour inspectors (Article 7 of the Convention), the transport facilities available for the performance of labour inspection duties (Article 11(1)(b)); and, the labour inspectorate’s power to request employers to urgently take emergency measures in the event of imminent danger to the health or safety of the workers (Article 13(2)(b)).

Labour inspection and Decent Work Country Programmes. The Committee notes that the 2019–2023 Decent Work Country Programme (DWCP) for Iraq aims, inter alia, to make labour inspection and OSH services more effective in preventing and detecting non-compliances with national and international labour standards. The Committee requests the Government to take into account the matters raised below in the context of the DWCP implementation in order to ensure full conformity with the Convention.

Articles 3 and 12(1) of the Convention. Functions of the system of labour inspection. Free initiative of labour inspectors to enter workplaces without prior notice. With regard to its previous request concerning the adoption of the necessary measures to ensure that labour inspectors are empowered to perform labour inspections alone and have free initiative to undertake inspections, the Committee notes the Government’s indication that: (i) under section 128(1) of the Labour Code, labour inspectors cannot carry out inspections alone; and, (ii) in accordance with section 129(1)(a) of the Labour Code, labour inspection committees are empowered to freely access workplaces subject to inspection without prior notice at any time. The Committee notes that Article 12(1) specifies the empowerment of labour inspectors who are officials of the government, rather than tripartite committees that also include representatives of employers and workers. Accordingly, the Committee requests the Government to take, without delay, concrete measures, including possible legislative amendments, to ensure that labour inspectors are individually empowered, in line with Article 12(1)(a) and (b) of the Convention, to freely make inspection visits without previous notice.

Article 5(b). Conditions and modalities of collaboration with representatives of employers and workers in tripartite inspection committees. The Committee notes that the DWCP 2019–2023 indicates that the tripartite labour inspection committees are a mechanism for social dialogue and that their functioning is intended to be strengthened through capacity-building activities (Priority 3, Governance of the DWCP). This would result in social partners having a better and more effective engagement in labour inspection activities (indicator 3.2.6 of the DWCP). The Committee requests the Government to provide information on the collaboration between labour inspectors and representatives of employers and workers within the tripartite inspection committees, consistent with the requirements of the Convention, and also in view of the implementation of the DWCP.

Article 6. Status and conditions of service of labour inspection staff. Noting the absence of a reply to its previous request, the Committee once again requests the Government to provide information on the conditions of service of the labour inspectors, including on their salary and benefits in comparison to public servants exercising similar functions with other government services, such as tax inspectors and police.

Articles 10 and 16. Number of labour inspectors. Frequency and thoroughness of inspection. The Committee previously noted discrepancies in the information provided by the Government on the number of labour inspectors (110 labour inspectors according to its 2014 report and 160 labour inspectors according to the 2013 annual report on labour inspection). The Committee notes that the Government, without referring to such discrepancies, indicates that there were 96 labour inspectors (35 inspectors in Baghdad and 61 inspectors in other regions) and 57 labour inspection committees (19 committees in Baghdad and 38 committees in other regions) in 2017. Moreover, the Committee notes from the information contained in contextual analysis of the DWCP that: (i) as of 2018, there were 231 labour inspectors in federally-administered Iraq and 21 labour inspectors in the Kurdistan Region of Iraq; (ii) the staffing numbers are insufficient to meet the needs of workers; and, (iii) the social partners fail to provide members for the labour inspection committees, which is a practical impediment to their effective functioning. Noting again the existence of divergent information on the number of labour inspectors, the Committee requests the Government to clarify whether there has been a decrease in the number of labour inspectors in recent years and, if so, provide information on the reason for this decrease. It also requests the Government to provide information on the number of labour inspectors and inspection committees (and their composition), including particulars of their geographical distribution (at the central and regional levels); the number of inspection visits; the number, nature, size and situation of the workplaces liable to inspection; and, the number and classes of workers employed in such workplaces.

Article 11(1)(a). Equipment in local offices. The Committee notes the Government’s indication that a project was planned to grant inspectors iPads with internet connection in order to facilitate electronic inspections. The Committee requests the Government to provide information on the results of this project, including the extent to which labour inspections are now conducted electronically, in person, or through some combination.

Article 11(2). Reimbursement of any travelling and incidental expenses. Noting the absence of information in this regard, the Committee once again requests the Government to indicate whether incidental expenses, which may be necessary for the performance of their duties, are reimbursed to labour inspectors.

Article 17. Discretion of labour inspectors to initiate prompt legal proceedings without previous warning. With regard to its previous request concerning the adoption of measures to ensure that the national legislation is in line with Article 17 of the Convention, the Committee notes that the Government indicates that section 134(1) of the Labour Code refers to the discretionary and sole authority of the Minister of Labour and Social Affairs to issue a warning to contravening employers before referring a case to the competent courts, and that this authority has not been entrusted to labour inspectors. The Committee once again requests the Government to take concrete measures in order to ensure that, in conformity with Article 17 of the Convention, the national legislation provides that prompt legal proceedings may be instituted or recommended without previous warning by the labour inspectorate.

Articles 20 and 21. Annual reports on the work of labour inspection services. The Committee notes the statistical information provided by the Government on the labour inspection activities carried out in the first semester of 2017. Noting that no recent annual reports on the work of labour inspection services have been submitted, the Committee requests the Government to ensure that these annual reports are published and transmitted to the ILO, and that they deal with all the matters specified in Article 21 of the Convention, including with regard to: staff of the labour inspection service (Article 21(b)); statistics of workplaces liable to inspection and the number of workers employed therein (Article 21(c)); statistics of inspection visits (Article 21(d)); statistics of violations and penalties imposed (Article 21(e); statistics of industrial accidents (Article 21(f)); and, statistics of occupational diseases (Article 21(g)).