Workers' Rights in Iraqi Labor Law

Iraqi Labor Law is the primary regulator of the employment relationship in the country. It precisely defines workers' rights in Iraq and sets working hours, holidays, and benefits according to its provisions.

This law aims to support the national economy and improve workers' living standards, achieve equality and raise the efficiency of Iraqi labor, and protect the rights of investors and business owners while ensuring workers' rights.

Additionally, the law seeks to provide a decent life for Iraqi workers during their employment and after retirement. With Osama Tu'ma Legal Services and Consultations, we will learn about the most important information related to employment in Iraq.

Fundamental Workers' Rights in Iraq

Several workers' rights in Iraqi Labor Law are guaranteed:

Right to Wages: The employment contract must precisely detail the basic wage, allowances, and incentives. In case of a wage dispute, the worker can resort to the labor court to file a complaint. Courts often rely on payroll statements, employment contracts, and witness testimony to prove the right to wages.
Rest Periods: The law must clearly specify the daily and weekly working hours and the entitled rest periods. In case of non-compliance, the worker can file a complaint with the Ministry of Labor and Social Affairs.
Equal Treatment: The law must include clear mechanisms for dealing with cases of discrimination at work. An aggrieved worker can file a complaint with the court and seek compensation for material and moral damages.

The work environment enjoys respect and appreciation, with protection from any insult or harassment, whether verbal or physical. Legislation aims to provide a safe and healthy work environment. Workers also enjoy workers' rights in Iraqi Labor Law that include peaceful striking as a means of expressing their legitimate demands without resorting to violence or incitement against the state or the employer.

In addition, workers' rights in Iraqi Labor Law include vocational training, and workers have the right to establish trade unions and participate in decision-making that affects their work environment.

It is worth noting that these workers' rights in Iraq are not absolute and are subject to certain restrictions by law, such as the employer's right to dismiss an employee in the event of serious violations.

Recent Developments and Amendments to Iraqi Labor Law

Iraqi Labor Law, Law No. 37 of 2015, represents an important development in regulating labor relations in Iraq, but it faces challenges in application and modernization to keep pace with economic and social changes. The law has seen minor amendments since its issuance, but there is an urgent need for radical amendments that address issues such as:

Informal Work: Addressing the spread of informal work and providing legal protection for workers in it.
Discrimination: Promoting equality and preventing discrimination in wages and promotions based on gender, race, or religion.
Occupational Safety and Health: Developing effective mechanisms for applying occupational safety and health standards in workplaces.
Arbitration and Settlement: Establishing effective mechanisms for resolving labor disputes quickly and affordably.

Additionally, the law should reflect Iraq's commitments under international labor rights conventions, such as International Labor Organization (ILO) conventions.

Foreign Workers in Iraq

Rights of Foreign Workers

Foreign workers in Iraq enjoy special legal protection in accordance with international laws, as they are considered a vulnerable group that requires support and protection from exploitation. The International Labor Organization aims to protect the rights of migrant workers through international conventions that regulate their employment and ensure their decent treatment.

Challenges Faced by Foreign Workers in Reality

Despite the existence of laws protecting workers' rights in Iraq, foreign workers often face challenges such as:

Exploitation: They may be subjected to low wages, poor working conditions, and non-receipt of legal entitlements.
Discrimination: They may face discrimination in treatment due to their nationality, language, or culture.
Difficulty Accessing Justice: They may face difficulties in accessing courts and lawyers due to language, culture, or legal status.
Illegal Work: They may be forced to work illegally due to the lack of work permits.

Effective Steps to Protect the Rights of Foreign Workers

The Iraqi government must take steps to protect the rights of foreign workers, including:

Tightening Oversight: Tightening oversight over companies and institutions that employ foreign workers.
Providing Legal Aid: Providing legal aid to foreign workers who are subjected to exploitation or discrimination.
Facilitating Work Permit Acquisition: Facilitating procedures for obtaining work permits for qualified foreign workers.

Key Duties of Labor in Iraq According to Iraqi Labor Law

Just as there are workers' rights in Iraqi Labor Law, workers must adhere to a set of duties that ensure efficient workflow and protect the interests of the employer and the institution they work for. These duties include:

Performing Work Proficiently and Adhering to Quality Standards: Workers must perform their tasks efficiently and accurately in accordance with the specifications of the contract concluded with the employer, ensuring the best possible results in the performance of the tasks assigned to them.
Preserving Employer's Property: Workers must take care of the property and facilities in which they work, and refrain from causing any damage or harm that may affect workflow or lead to financial losses for the employer.
Not Disclosing Work Secrets: Workers must maintain the confidentiality of information related to the employer and its operations, and not share any sensitive information with external parties without prior permission from the employer.
Adhering to Occupational Safety and Health Rules: Workers must follow all safety instructions and apply the occupational health standards in force at the workplace, to ensure a safe and healthy work environment for everyone.
Refraining from Working Under the Influence of Alcohol or Drugs: Workers are prohibited from attending the workplace while under the influence of any substances that cause an impairment in their ability to perform normally, in order to maintain their safety and the safety of their colleagues and avoid work accidents.
Adhering to Working Hours: They must be present at their workplaces at the specified time and adhere to the working hours specified in the employment contract.
Refraining from Personal Work During Working Hours: Workers must avoid engaging in personal matters during working hours, to ensure their full focus on the tasks assigned to them and avoid negatively affecting their productivity.
Not Manipulating Sick Leave: Workers must use sick leave honestly and not exploit it for illegitimate personal purposes.
Not Accepting Commissions Without Employer's Knowledge: Workers are prohibited from accepting any commissions or financial benefits from external sources without the employer's consent, in order to maintain the integrity of the professional relationship and prevent any conflict of interest.

Iraqi Employment Contract

The employment contract is the basic document that regulates the relationship between the worker and the employer in Iraq, whether it is concluded in writing or orally by agreement of both parties. The employment contract must contain a set of basic data that guarantees workers' rights in Iraq and the obligations of both parties, including:

Worker and Employer Names: The worker's personal data must be included, such as name, educational qualification, place of residence, and nationality, in addition to the employer's information such as their commercial activity or the type of institution they represent.
Working Hours, Wages, and Payment Method: The daily or weekly working hours, the agreed-upon wage, and how and when it will be paid must be specified to ensure clarity of both parties' financial obligations.
Type of Work and Contract Start and End Dates: The type of job or tasks the worker will perform must be specified, in addition to the start date of work and the duration of the contract if it is for a specific period, or details about renewal if the contract is extendable.
Accurate Job Description: The contract must accurately define the tasks and responsibilities the worker will perform.
Conditions for Contract Termination: The contract must specify the conditions under which the contract can be terminated by the employer or the worker.
Intellectual Property Rights: The contract must define the intellectual property rights related to the work performed by the worker.
Confidentiality Clauses: The contract must include clauses prohibiting the worker from disclosing confidential information related to the work.
Dispute Resolution Mechanism: The contract must specify a mechanism for resolving labor disputes.

The employment contract must comply with Iraqi Labor Law and international labor rights conventions.

These clauses are considered among the most important foundations that ensure smooth workflow and achieve the rights of both workers in Iraq and the employer. Iraqi law is keen to accurately document these clauses to ensure all parties adhere to what has been agreed upon and avoid any future disputes.

Legal Guidelines for Drafting Employment Contracts

Employment contracts must comply with local legislation and legal standards, taking into account the social and economic conditions of society. These guidelines aim to protect the rights of workers in Iraq and employers alike, and to ensure the achievement of the state's interest by promoting a fair and organized work environment.

Osama Tuma for Legal Services and Advisory provides extensive experience in labor laws and employment complexities, making it the ideal choice for providing high-quality legal advice and effective solutions to guarantee workers' rights in Iraq. Thanks to its deep knowledge of the legal, social, and economic environment, the firm law in Iraq ensures the protection of clients' rights and provides practical advice consistent with Iraqi legislation.

In conclusion, understanding workers' rights in Iraqi Labor Law is a fundamental step for both employees and employers to ensure a fair and productive work environment. To avoid legal disputes and ensure full compliance with legislation, obtaining specialized legal consultation is crucial.

Do not hesitate to make the decision to contact Osama Tuma for Legal Services and Advisory to receive expert guidance and ensure the protection of your rights and interests in the Iraqi labor market.