Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

Seafarers' Annual Leave with Pay Convention, 1976 (No. 146) - Iraq (Ratification: 1985)

Article 2 of the Convention. 1. The Committee takes note of the information that seafarers employed by publicly owned seagoing ships are subject to Law No. 201 of 1975 and those engaged on privately owned ones or ships with mixed or cooperative ownership are subject to the Labour Code (section 8(1)).

2. The Committee notes that the Government's report does not contain a reply to its previous comment that the provisions in Law No. 201 relating to leave apply only to seafarers as defined in section 2, i.e. those occupying positions listed in schedules 1 and 2. The Committee trusts the Government will indicate what provisions concerning leave apply to seafarers listed in schedule 3 or other seafarers including non-Iraqi nationals employed on board Iraqi-registered vessels.

Articles 3 and 4. The Committee notes the information provided in the Government's report. It also notes the provision of section 67.III of the Labour Code as regards seafarers engaged on ships that are not publicly owned. It further notes that a proportionately shorter period of leave is given under Chapter 7 of Law No. 201 for a shorter period of service. Please indicate what provision of Law No. 201 ensures such proportionately reduced annual leave.

Article 6. The Committee notes that Fridays, national and official holidays are not counted in the minimum annual paid holiday and seafarers who work on those days are given compensatory leave. Please indicate the specific provisions for seafarers on both privately and publicly owned ships. The Committee points out that Article 6, paragraphs (b) and (c) of the Convention require similar treatment for periods of incapacity for work and temporary shore leave. Please provide indications in this regard.

Article 8. The Committee notes that seafarers have the right to divide and accumulate annual leave in conformity with Law No. 201 and the Labour Code. The Committee notes that section 69.II of the Labour Code permits dividing annual leave but does not deal with the question of accumulation, while section 42(8) of Law No. 201 authorises the laying down of schedules specifying dates of leave but not their division or accumulation. Please provide further details in this regard.

Article 10, paragraphs 2 and 3. The Committee notes that according to section 42(3) of Law No. 201 ordinary leave is granted on written application by the seafarer or officer, and will be granted on the date and in the place chosen by the applicant. Please indicate what provisions ensure that seafarers are not required, without their consent, to take annual leave otherwise than at the place of engagement except under a collective agreement or legislation, and, if such exception is allowed, what arrangements apply as regards transport and other costs, as required by this Article.

Article 11. The Committee notes that no measures are proposed to prohibit any agreement to relinquish the right to a minimum annual leave with pay as required by this Article. The Committee hopes the Government will review the situation and report on measures taken or proposed in its next report.

Article 12. The Committee notes with interest the information provided.

Please provide a copy of the previously requested service rules referred to in an earlier report.