Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Hours of Work and Rest Periods (Road Transport) Convention, 1979 (No. 153) - Iraq (Ratification: 1985)

Articles 6 and 10 of the Convention. Maximum total driving time. Individual control book. The Committee has been requesting the Government for a number of years to provide copies of any relevant laws and regulations or administrative instructions fixing the maximum permissible number of hours of driving per day and any reduced total driving time for transport activities carried out in particularly difficult conditions, as required under Article 6(1) and (3) of the Convention. The Committee has also been requesting the Government to provide sample copies of drivers’ individual control books and of the approved form for record keeping, as prescribed by Article 10(1) and (2) of the Convention. The Committee notes that, over the past 20 years, the Government has provided very limited information as regards the manner in which core requirements of the Convention, such as the limit on daily hours of work and adequate enforcement measures, are given effect in either law or practice.

In its last report, the Government makes renewed reference to the general provisions on hours of work contained in the Labour Code of 1987, which, however, do not give effect to the specific requirements of Article 6 of the Convention, i.e. maximum total driving time of nine hours per day, possible averaging of hours of work over a reference period longer than a week, and reduced total driving time for particularly difficult transport activities. The Committee recalls that in earlier reports the Government had referred to practical and administrative measures concerning the work of drivers that ensure that the workday does not exceed nine hours but has never provided further details nor has it ever transmitted copies of any relevant texts. However, the Committee notes that section 65(5)(d) of the new draft Labour Code, as it reads in the text that was communicated to the Office in July 2010, specifically provides that, in road transport, working hours, including overtime hours, may not exceed nine hours per day and 48 hours per week while Ministerial regulations will determine the reduced total driving hours in the event of driving in arduous situations. Noting that the new draft Labour Code is now before Parliament for final consideration and adoption, the Committee hopes that this provision will be adopted without modification and requests the Government to keep the Office informed of any progress made regarding the adoption of the relevant ministerial regulations.

Moreover, with respect to measures of supervision and control, the Government had previously indicated that arrangements would be made with the Ministry of Transport in order to obtain a specimen copy of the drivers’ individual control book but to date no such copy has been forwarded to the Office. The Committee would appreciate receiving sample copies of drivers’ control books, records kept by employers for inspection purposes, or any other means of supervision established in accordance with Article 10 of the Convention.