Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

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

The Committee notes that the Government's report repeats the reference to the same provisions of the Labour Code and of the Act No. 52 of 1987 on Trade Union Organizations as in its previous report.

The Committee points out that the essential objective of the Convention is to ensure that, through the insertion of appropriate labour clauses in public contracts, the workers employed by a contractor and paid indirectly out of public funds enjoy wages and other conditions of labour which are not less favourable than those of other workers doing similar work. In its previous comments, the Committee already noted that the Labour Code did not lay down the insertion of labour clauses in public contracts, as set out in Articles 1 and 2 of the Convention.

The Committee, however, notes with interest the form of a contract attached to the Government's report. It requests the Government to indicate the nature of contracts to which this form is applied and to supply a copy of any legislative, administrative or other instruments that lay down the usage of this form of contract. The Committee notes that this form stipulates that certain documents such as specifications, the form of offer, and the instructions to tenderers are considered as a part of the contract. It requests the Government to indicate whether any of the documents enumerated include provisions concerning the working conditions (including wages) of the workers concerned, and if so to supply a copy of such documents.