Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

Labour Clauses (Public Contracts) Convention, 1949 (No. 94) - Iraq (Ratification: 1986)

The Committee notes the Government's first report and requests it to supply additional information on the following points:

Articles 1 and 2 of the Convention. The Government indicates in its report that the application of the Convention to contracts involving the expenditure of public funds has not been the subject of any exceptions and that the Labour Code applies to contracts concluded between a public authority or its agents, on the one side, and workers, on the other. The Committee notes these indications. It observes, however, that the Labour Code does not contain any provisions covering public contracts as defined in Article 1 of the Convention, nor does it lay down that these contracts shall include clauses ensuring to the workers concerned wages (including allowances), hours of work and other conditions of labour which are not less favourable than those established for work of the same character in the trade or industry concerned in the same district, as set out in Article 2 of the Convention. The Committee therefore requests the Government to indicate: (a) the provisions which set out the terms of the clauses to be included in public contracts and any modifications to these terms; (b) whether the organisations of employers and workers concerned have been consulted in this respect; and (c) the measures that have been taken to enable persons tendering for contracts to be aware of the terms of the clauses (for example, through advertising the specific conditions applicable or any other measure), in accordance with paragraphs 3 and 4 of Article 2 of the Convention.

Article 4(a), (i) and (iii). By virtue of the provisions of the Convention, laws, regulations and other instruments giving effect to it must be brought to the notice of all persons concerned and must require the posting of notices in conspicuous places at the establishments and workplaces concerned with a view to informing the workers of their conditions of work. The Committee requests the Government to indicate the measures that have been taken or are envisaged to give effect to this provision, since the Labour Code contains no clauses to this effect.

Article 5, paragraph 1. This provision of the Convention provides that adequate sanctions shall be applied for failure to observe and apply the provisions of labour clauses in public contracts. The Committee requests the Government to indicate the sanctions that are imposed in such cases and the provisions under which they are imposed.

Point V of the report form on the Convention. The Committee requests the Government to supply information on how effect is given to the Convention in practice by providing, for example, extracts of official reports and information on the number of contracts and workers covered by such contracts, the number of violations, etc. (Please supply, where appropriate, copies of such contracts.)