Demande directe (CEACR) - adoptée 1991, publiée 78ème session CIT (1991)

Convention (n° 146) sur les congés payés annuels (gens de mer), 1976 - Iraq (Ratification: 1985)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 2 of the Convention. 1. The Committee notes from the report that no exclusion from the application of the Convention has been made by national legislation. It notes, however, that Law No. 201 of 1975 deals only with merchant shipping. Please indicate whether this Law in fact covers all sea-going ships registered in the national territory, and, if not, what provisions (e.g. the Labour Code) apply to ships which are not merchant vessels.

2. The Committee notes that the provisions in Law No. 201 relating to leave apply only to seamen as defined in section 2, i.e. those occupying positions listed in schedules 1 and 2. Please 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. Please indicate whether the provisions in Chapter 7 of Law No. 201 ensure, in practice, that every seafarer is entitled to annual leave with pay of the specified minimum length (i.e. 36 days), or, where service is shorter than that required for the full entitlement, to annual leave proportionate to the length of service.

Article 6. Please indicate the measures taken to ensure that public and customary holidays, periods of incapacity for work, temporary shore leave, and compensatory leave are not counted in the minimum annual paid holiday as provided for in this Article.

Article 8. The Committee notes that section 42(8) of Law No. 201 authorises organisations to lay down schedules specifying dates of leave; but there appears to be no provision as to the division or accumulation of annual leave. Please indicate whether such provision exists and what period of annual leave with pay is taken uninterrupted in accordance with this Article.

Article 10, paragraphs 2 and 3. Please indicate how it is ensured 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. Please indicate any steps envisaged to prohibit any agreement to relinquish the right to a minimum annual leave with pay, in accordance with this Article.

Article 12. Please indicate the conditions in which a seafarer can, in practice, be recalled from annual leave.

Please provide a copy of the service rules referred to in the report.