Observation (CEACR) - adopted 2025, published 114th ILC session (2026)

Labour Inspection Convention, 1947 (No. 81) - Iraq (Ratification: 1951)

Articles 3 and 12(1)(a) of the Convention. Functions of the system of labour inspection. Free initiative of labour inspectors to enter workplaces without previous notice. Further to its previous comments, the Committee notes that the Government refers once again, in its report, to section 129(1)(a) of the Labour Law No. 37 of 2015 (“the Labour Law”), which provides that the inspection committee is empowered to freely access workplaces subject to inspection without prior notice at any time. Noting that section 129(1)(a) empowers inspection committees, rather than labour inspectors, to undertake the inspection visits, the Committee requests once again the Government to take the necessary measures to ensure that labour inspectors are individually empowered to enter freely and without previous notice any workplace liable to inspection, in conformity with Article 12(1) of the Convention.

Article 17. Discretion of labour inspectors to initiate prompt legal proceedings without previous warning. Further to its previous comments, the Committee notes that the Government refers to section 129 of the Labour Law which deals with the functions of the inspection committee. However, the Committee observes that section 129 does not provide for the discretion of individual labour inspectors to initiate prompt legal proceedings without previous warning. In this regard, the Committee previously noted that section 134(1) of the Labour Law refers to the discretionary 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 the Government had indicated that labour inspectors are not entrusted with this authority. The Committee requests the Government to take the necessary measures to ensure that: (i) legal provisions enforceable by labour inspectors are liable to prompt legal proceedings without previous warning, and (ii) labour inspectors have the discretion to give warning and advice instead of instituting or recommending proceedings, in conformity with Article 17 of the Convention.

Articles 20 and 21. Annual reports on the work of labour inspection services. Further to its previous comments, the Committee notes that the Government provided information on the number of inspectors, inspection visits and referrals of violating employers in 2024. The Committee also notes that the 2022 labour inspection policy provides that a digital and updated map of workplaces will be developed to ensure full legal coverage. Noting that no recent annual reports on the work of labour inspection services have been submitted, the Committee requests the Government to strengthen its efforts to ensure that these annual reports are published and transmitted to the ILO, and that they cover all matters specified in Article 21 of the Convention.

The Committee is raising other matters in a request addressed directly to the Government.