Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106) - Iraq (Ratification: 1960)

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

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on working time, the Committee considers it appropriate to examine Conventions Nos 1 (hours of work (industry)), 14 (weekly rest (industry)), 30 (hours of work (commerce and offices)), 89 (night work (women)), 106 (weekly rest (commerce and offices)), 132 (holidays with pay) and 153 (hours of work and rest periods (road transport)) together.

Hours of work

Article 2 of Convention No. 1 and Article 3 of Convention No. 30. Daily and weekly limits to hours of work. The Committee notes that, according to section 67(1) of Labour Law No. 37 of 2015, daily working hours shall not exceed 8 hours per day or 48 hours per week. It further notes that section 56(1) of Law No. 24/1960 for the Civil Service provides that working hours in government offices are determined by the Cabinet from time to time, provided that the total working hours do not exceed 8 hours per day or 44 hours per week. Recalling that the Conventions set a double limit – daily and weekly – on hours of work and that this limit is cumulative, not alternative, the Committee requests the Government to provide information on the measures taken or envisaged to ensure that the normal hours of work of persons to whom these Conventions apply do not exceed 48 hours in the week and 8 hours in the day.

Article 6 of Convention No. 30. Limits on variable distribution of hours of work in exceptional circumstances. The Committee notes section 71(2) of Labour Law No. 37, which provides for a variable distribution of hours of work in exceptional cases for a specified period, provided that the average of weekly working hours does not exceed 48. The Committee recalls that Article 6 of Convention No. 30 requires both a weekly limit of 48 working hours and a daily limit of 10 working hours. Therefore, the Committee requests the Government to provide information on the measures taken or envisaged to ensure that a daily limit no longer than 10 hours is set together with the 48 hours weekly limit in exceptional cases where workers’ and employers’ associations agree to increase the working hours for a specified period, for the categories of workers covered by the Convention.

Article 6(2) of Convention No. 1 and Article 7(3) of Convention No. 30. Limits on total number of authorized overtime hours. With regard to the Committee´s previous comments, the Government refers to section 71(5)(e) of Labour Law No. 37, which establishes a limit of 40 hours of overtime for 90 days and 120 hours per year. The Committee notes this information, which addresses its previous request.

Weekly rest

Article 2(1) of Convention No. 14 and Article 2 of Convention No. 106. Public sector. The Committee notes that section 3(2)(a) of Labour Law No. 37 excludes public officials appointed in accordance with the Civil Service Law or a special legal text from the scope of application of this law. In this regard, the Committee notes that the Civil Service Law does not contain any provision on weekly rest. The Committee requests the Government to indicate the manner in which the provisions of the Conventions are applied to this category of workers.

Article 5 of Convention No. 14 and Article 8(3) of Convention No. 106. Compensatory rest. Further to its previous comments, the Committee notes the Government’s reference, in its report, to section 71(4) of Labour Law No. 37, according to which if work is undertaken during a day of rest due to the application of exemptions to the normal hours of work, the worker shall be entitled to financial compensation and a compensatory rest day the following week. In addition, the Government reports that: (i) section 70(3) of the above-mentioned law provides that if workers perform work on their weekly rest day, as agreed through collective bargaining, they shall be entitled to financial compensation and a compensatory rest day during the following week; and (ii) according to section 74(2), workers shall not be requested to work on the day of weekly rest to undertake preparatory or complementary work, or to address exceptional work load, as per section 71(3). The Committee notes this information, which addresses its previous request.

Article 7 of Convention No. 14. Notices and rosters. Following its previous comments, the Committee notes the Government’s reference to sections 68(1) and 107 of Labour Law No. 37, which establishes the employer’s obligation to post internal regulations on hours of work and rest periods in apparent locations in the workplaces. The Committee notes this information, which addresses its previous request.

Annual holidays with pay

Article 2 of Convention No. 132. Scope of application. Further to its previous comments, the Government reports that public officials excluded from the application of Labour Law No. 37 (section 3(2)(a)) are subject to Law No. 24/1960 for the Civil Service and that, according to section 43(1) therein, an employee is entitled to regular leave with full pay at the rate of one day for every ten days of service. The Committee notes this information, which addresses its previous request.

Article 12. Prohibition to forego annual holidays for monetary compensation. Further to its previous comments, the Committee notes that, according to section 78(2) of Labour Law No. 37, when a worker has not taken annual leave as a result of the employer’s refusal to grant it, financial compensation shall be granted. In this regard, the Committee recalls that the Convention prohibits the replacement of the annual holiday by the payment of cash compensation (except in the case of the termination of the employment relationship) in order to ensure that workers effectively enjoy their acquired holiday rights in the form of a sufficient period of rest and leisure necessary for their health and well-being (2018 General Survey on working time, paras 373 and 374). The Committee requests the Government to provide information on the measures taken or envisaged to ensure that workers are granted annual holidays with pay regardless of any financial compensation.

Night work (women)

Article 3 of the Convention. General prohibition of night work for women. Following its previous comments, the Committee notes the Government’s reference to section 86(1) of Labour Law No. 37, which provides that it shall be prohibited to make women work at night, unless the performance of night work is necessary, as a result of a force majeure, for preserving raw materials or perishable products, or if a force majeure led to an unexpected suspension of the work at an enterprise, provided this is not repeated. It also indicates that this provision aims at avoiding breaking up families. In this regard, the Committee recalls that protective measures applicable to women’s employment at night which go beyond maternity protection and are based on stereotyped perceptions regarding women’s professional abilities and role in society, violate the principle of equality of opportunity and treatment between men and women (2018 General Survey on working time, paras 408 and 545). The Committee draws the Government’s attention to the fact that Convention No. 89 will be open for denunciation between 27 February 2031 and 27 February 2032.

Hours of work in road transport

Articles 6 and 10 of the Convention. Maximum total driving time. Enforcement measures. Further to its previous comments on the maximum total driving time, the Committee notes that the Government refers to section 71(5)(d) of Labour Law No. 37 and section 3 of Instructions No. 2 of 2017 concerning the recruitment of drivers in work requiring continuous driving, which set out a daily limit of nine hours and a weekly limit of 48 hours of driving time in road transport, including overtime. Given the absence of information with regard to individual control books and the maintenance of appropriate records, the Committee requests the Government to provide information on the measures taken or envisaged to ensure that: (i) an individual control book is provided and the conditions of its issue, its contents and the manner in which it shall be kept by the drivers is prescribed; (ii) a procedure for notification of the hours worked and the circumstances justifying them is laid down; and (iii) each employer keeps a record indicating the hours of work and of rest of every driver employed and places this record at the disposal of the supervisory authorities, in accordance with Article 10 of the Convention.

Technical assistance. The Committee notes the Government’s indication that certain concepts of the Convention are unfamiliar. The Committee recalls that the Government may avail itself of the technical assistance of the Office in this regard.

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

Articles 8 and 11 of the Convention. Compensatory rest. List of exemptions. The Committee has been drawing the Government’s attention to section 61 of the Labour Code of 1987 which provides that workers performing work on the weekly rest day are entitled to either a 100 per cent wage supplement or a compensatory rest day whereas Article 8(3) of the Convention requires compensatory rest to be granted in all cases of temporary exemptions to the weekly rest period, irrespective of any financial compensation. The Committee notes, in this connection, that section 64(1) of the draft new Labour Code, as it reads in the text that was communicated to the Office in July 2010, is fully consistent with this requirement of the Convention by providing that workers working on the weekly rest day receive extra pay in accordance with rules on overtime and are also granted a compensatory day off in the following week. Noting the Government’s indication that the draft new Labour Code is now before the Parliament for examination and adoption, the Committee once again expresses the hope that this provision will be adopted without modification and requests the Government to keep the Office informed of any progress in the process of adoption of the new Labour Code. It also requests the Government to provide with its next report, as prescribed by Article 11 of the Convention, a list of the categories of persons and the types of establishments permanently exempted from the normal weekly rest regime and accordingly subject to special weekly rest schemes as provided for in Article 7 of the Convention.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Article 8, paragraph 3, of the Convention. Temporary exemptions. Compensatory rest. The Committee notes that section 61 of the 1987 Labour Code provides that the employer may, with the agreement of the workers, require them to work on the weekly rest day subject to them receiving either a wage increase of 100 per cent or being granted collectively compensatory rest days. However, it notes that section 64(3) of the same Code provides that where a worker works on the weekly rest day, the worker shall be granted a compensatory day of rest on another day of the week. Recalling that, in accordance with Article 8(3) of the Convention, compensatory rest of a total duration of at least 24 hours shall be granted in all cases of temporary exemptions to the weekly rest period, irrespective of any financial compensation, the Committee requests the Government to provide clarifications concerning the divergences in the above provisions.

Furthermore, the Committee notes that section 62(3) of the new draft Labour Code, which is currently being reviewed and is under consultation, provides that an employer may, according to the collective agreement, oblige workers to perform work on the weekly day of rest provided that they are paid in accordance with the rules of overtime and are granted a compensatory day off in the following week. As this provision is fully in conformity with Article 8(3) of the Convention, the Committee hopes that it will be adopted without modification and requests the Government to keep the Office informed of any developments relating to the finalization of the new Labour Code.

Article 11. Permanent exemptions. List of exemptions. While recalling that there is an inherent need to keep certain establishments open on the day of weekly rest (such as airports, hospitals, hotels, press undertakings, etc.), the Committee requests the Government to provide with its next report, in accordance with this Article of the Convention, lists of the categories of persons and the types of establishment subject to special weekly rest schemes.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes that the Government’s report contains no reply to previous comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which reads as follows:

Article 8, paragraph 3, of the Convention.  The Committee notes that pursuant to section 4 of Revolutionary Council Order No. 606 of 1980, "[a]n employee who works on a day of weekly rest or on an official holiday shall be compensated with an alternative day of rest or with overtime wages in accordance with section 3(2) of this Order". Section 2 of Revolutionary Command Council Order No. 1119 of 1980, amended section 3(2) of Order No. 606 to provide that "[e]very hour of overtime work performed on a day of weekly rest or on an official holiday shall count as one-and-a-half-hours of ordinary work". The Committee wishes to call the Government's attention to the fact that, under Article 8, paragraph 3, of the Convention, compensatory rest for work performed on a day of weekly rest is compulsory regardless of any monetary compensation. It therefore hopes that the Government will take the necessary measures to bring the legislation into conformity with the Convention on this point.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

Article 8, paragraph 3, of the Convention. The Committee notes that pursuant to section 4 of Revolutionary Council Order No. 606 of 1980, "(a)n employee who works on a day of weekly rest or on an official holiday shall be compensated with an alternative day of rest or with overtime wages in accordance with section 3(2) of this Order". Section 2 of Revolutionary Command Council Order No. 1119 of 1980, amended section 3(2) of Order No. 606 to provide that "(e)very hour of overtime work performed on a day of weekly rest or on an official holiday shall count as one-and-a-half-hours of ordinary work." The Committee wishes to call the Government's attention to the fact that, under Article 8, paragraph 3, of the Convention, compensatory rest for work performed on a day of weekly rest is compulsory regardless of any monetary compensation. It therefore hopes that the Government will take the necessary measures to bring the legislation into conformity with the Convention on this point.

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

The Committee notes the information provided in the Government's latest report and requests the Government to provide further information in its next report on the following points:

1. Article 2 of the Convention. The Committee notes the indication in the Government's report that the Convention is applied to the public service by virtue of Law No. 110 of 1972 on official holidays, which provides that every Friday of the week is considered as an official holiday, and Decisions Nos. 606 and 1119 of 1980, which provide for compensatory rest days. It requests the Government to provide a copy of Decision No. 606 and Decision No. 1119 of 1980 with its next report.

2. Article 8. The Committee notes from the Government's reply to its previous comments that there have been no infractions of section 61 of the Labour Code, which provides either for full remuneration or for the provision of a compensatory day of rest when workers agree to work on a rest day. The Committee requests the Government to communicate, with its next report, statistics, if any, of the number of workers who work on rest days in accordance with the agreement permitted under section 61, and of these the number who are compensated by remuneration and the number granted a compensatory day of rest.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee notes that the new Labour Code, Law No. 91 of 1987, covering workers employed in the private, mixed and co-operative sectors, was adopted on 27 July 1987. Under article 60 of the Code, all such workers have a right to one rest day weekly. Article 61 permits, with the agreement of the employee, work during the weekly rest day, on condition that either a premium payment of 100 per cent of wages be made for work on that day, or a compensatory day of rest be provided.

Article 2 of the Convention. The Committee notes that section 151 of the 1987 Labour Code repeals the previous Labour Code, Law No. 151 of 197O, which applied the Convention to all workers, without distinction between public and private sector employment. Please provide full information on the application of the Convention to persons employed by public establishments, institutions or administrative services referred to in Article 2 of the Convention.

Article 8. The Committee recalls that, although under this Article certain temporary exemptions may be made to weekly rest requirements, any person working on the weekly rest day must be granted compensatory rest of an equivalent period. Whereas section 67(h) of the 1970 Labour Code duly provided for workers to be granted compensatory rest, the Committee notes that under section 61 of the 1987 Code the employer may, with the workers' agreement, require them to work on the rest day so long as they receive either overtime pay or a collective compensatory rest day. Please indicate by what method it is ensured that all workers covered by the Convention are granted compensatory rest as required; please also describe the working of the inspection system in this connection (see Part III of the report form).