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WORK LAW ~~ Parliament Website
08/15/2015
During the session it has been voted No. (13) Saturday 15 August 2015 (104) out of material (157) material
Name of the people
Presidency
Based on what passed the House of Representatives and approved by the President of the Republic and based on the provisions of subsection (I) of Article (61) and item (iii) of Article 73 of the Constitution
Issued the following law:
No. () for the year 2015
Work law
Chapter One
Definitions
Article 1 is intended terms and phrases for the following purposes of this Act the meanings indicated opposite thereto:
First Ministry: Ministry of Labor and Social Affairs
Second Minister: Minister of Labor and Social Affairs
Thirdly. Department: Employment Service and loans
Fourthly the competent authority: any party responsible for the application of the provisions of this law
Fifthly. Work: all human intellectual effort or his physical factor for a fee, either permanently or casual or temporary or part-time or seasonal
Chapter III Basic principles
Article 4 Work is a right for every citizen capable of performing it, and the State shall endeavor to be supplied on the basis of equal opportunity, without any kind of discrimination.
Article -5- inviolable freedom of action may be restricted or denial of the right to work and the state has adopted to promote full and productive employment policy and respects the fundamental principles and rights, whether it was in the law or the application, which include:
First. Freedom of association and the effective recognition of the right to collective bargaining.
Second. The elimination of all forms of forced or compulsory labor.
Thirdly. The effective abolition of child labor.
IV. The elimination of discrimination in employment and occupation.
Fifthly. Law guarantees the worker's right to labor and services for the practice of the profession and the worker's service is calculated secured active service for purposes of determining the salary and retirement, the Iraqi factor when job recruitment in government departments and the public sector.
Material - 6. The minimum age for employment in the Republic of Iraq is (15) years.
Article 7 I. - This law prohibits any violation or to the principle of equal opportunities and equal treatment exceeded whatever reason and in particular to distinguish between the workers, whether it was direct discrimination or indirect, in all matters relating to vocational training or operating or work or conditions and circumstances.
Secondly - this is prohibited by law under the worker on condition of joining the union or give up its membership in it.
III not be considered discriminatory any distinction, exclusion or preference in connection with a specific job if was based on the basis of the qualifications required by the nature of this work.
Article - 8 - I. This law prohibits forced or compulsory labor in all its forms, including:
A. labor or debt slavery.
(B) work unencumbered by the limitations of people.
C - the trade secret in persons and migrant workers, which is by nature the work is optional.
(D) domestic work, which includes compelling factors.
Second it is not considered compulsory work algebraically or have been as follows:
1. any work or service exacted from any person based on the conviction of a court of law, provided that carried out these acts or services under the supervision and control of public authorities, and that this person is not rented to individuals, companies or associations or be the subject at their disposal.
2. completion of any work or service which is part of the normal civic duties in accordance with the provisions of this law.
3. any work or service which is raped in emergency situations and in general any circumstance threatening the survival or well-being of the whole population or some of them.
Article - 9. This law prohibits sexual harassment in employment and occupation, whether it was at the level of job search or vocational training, operation, or the terms and conditions of employment.
Secondly - this law prohibits any other behavior creates a hostile or intimidating work or demeaning environment for those who brought him this behavior.
III intended sexual harassment in accordance with the provisions of this law, any physical or verbal conduct of a sexual nature or other conduct based on sex and affects the dignity of women and men and be undesirable and unreasonable and insulting to those who receive. Lead and rejection of any person or not subject to this behavior, explicitly or implicitly, to make a decision affecting his job.
-10- Article I. worker the right to resort to the Labour Court to file a complaint when exposed to any form of forced labor, discrimination or harassment in employment and occupation.
Secondly - is punishable by imprisonment for a period not exceeding six months and a fine not exceeding one million dinars or either Whoever violates the provisions of the articles contained in this chapter relating to child labor, discrimination, forced labor and sexual harassment according to each case.
Material - 11. If you work the main owner of the era to another employer to perform the work of his works or part of the subcontractors and that was in one working conditions, they must be on from the era of the work that is equal between the workers and the workers the main employer in all rights, and have both of them in solidarity with the other.
Material - 12. In order to determine whether any person using by someone else, on the court, to determine the nature of the relationship between the parties guided by the facts relating to the performance of work and remuneration paid to the worker, in spite of how to describe the relationship in any contrary arrangement, contractual or non-contractual , it may be agreed between the parties.
Article -13- First represent the rights contained in the provisions of this law, the minimum workers' rights and do not affect those provisions on any of the rights granted to workers under any other law, or a labor contract, agreement or decision if any of them arrange for a worker rights better than rights prescribed to him under the provisions of this law
Second is void every clause in a contract or agreement whereby the worker waives any right of the assessed his rights under the provisions of this law
Thirdly. When there is no provision in the law so they can be the application of the provisions of the Arab and international labor conventions ratified by the relevant law.
Article -14 Arabic is the language adopted in all labor relations and contracts and records, documents, and based Kurdish language alongside Arabic language in Kurdistan, and can not be invoked in the face factor in any foreign language document editor, even if authenticated signature
Chapter IV
Employment and Vocational Training
First branch
Operating
Article-15 first - formed by a decision of the cabinet committee called the Supreme Committee for the planning and operation of the labor force, headed by the minister and the membership of representatives from each of the relevant ministries and workers' organizations and organizations most representative of employers, shall draw up the general policy of the run and vocational training.
Second determines the composition of the Commission decision and functioning of its members and the number of instructions issued by the Minister.
Article -16- ministry run sections General distributed properly established so that makes it easier for employers and workers to contact them and offer such services free of charge sections ministry and determine system operations and powers instructions issued by the Minister.
Article -17- The operating office in Mayati circuit:
First run provide services workers and job seekers and employers for free, according to the opportunities available
Second, cooperation with the public and private sectors, mixed and cooperative on the organization of the labor market to achieve full employment, preservation and development of human resources
III help workers to find work commensurate with their skills and professional abilities and mental and physical help employers to find suitable workers for the work entrusted to them.
Fourthly registration researchers work, and the statement of professional qualifications, and experience and desires, interview them and assess their physical abilities and professional, and help them to get professional guidance and counseling or retraining 0
Fifthly get accurate information from the employer for vacancies Tell office, and requirements to be met in the most wanted workers.
VI nomination of Iraqi job seekers who meet the professional skills and mental and physical capabilities of the work available to them and other non-Iraqi workers if they meet the qualifications that meet the specifications of the work required, taking into account the provisions of articles (24) and (25) of this law.
Seventh granting student work and a document called (operating card) to prove their personal data and its own type of work request
Eighth refer job applicants and vacancies of office running to another, if you can not find a suitable job for student work or if you can not adequately fill the vacant office of the original or if other circumstances this procedure required the consent of the student work 0
IX Prepare periodic data in cooperation with relevant departments and trade unions organizations and provide information available about the expected developments of the labor market situation, at the State level, or industries or professions or different regions to provide this information and collected regularly, analysis and accuracy of the public sector and workers' organizations and employers concerned
X. take appropriate measures to facilitate the following:
A transmission of the national workforce in various types of professions
B transmission of the national workforce to areas where no suitable job opportunities
C Jump interim national workforce from one area to another, for the provision of labor supply and demand
D workforce move from one country to another and who is authorized by governments on the basis of the principle of reciprocity
Article. 18. I. The Ministry to form a tripartite committee called the tripartite consultation committee composed of representatives from the ministry and relevant ministries and representatives of the workers and the most representative organizations of employers' organizations.
Second: the ministry responsible for administrative support to the Tripartite Consultation procedures as appropriate arrangements with the representative organizations conducting Commission to fund any training necessary for the members of this Committee.
Article 19, the employer shall comply with the following:
First inform the office operating in his area for the existing vacancies has within a period of not more than ten (10) days from the occurrence of the vacancy, and on the operating office to inform job seekers so, according to the following procedures:
A employer submit an application to the Office operating in his area which shows the type of work that requires Almtaloboualmoasfat availability in student work
B meets the demand operating office in the case of the availability of the required factor of between registered in its records, if not available, the Bureau shall contact other offices in order to satisfy demand
C Report employer copywriters nomination or apologize to meet demand during the (15) fifteen days from the date of receiving the request of the employer and registered in the relevant section
Second, the employer run directly apology workers at employment offices
Article 0.20. Work is a right to a student who nominated his work rejected if there are objective reasons prevent the acceptance of the work or not to work fit with his career and the degree of skill, and otherwise forfeited in the sequence it has to file a new application and gives a new sequence so.
Material. 21. First - The Ministry shall issue licenses for the establishment of private employment offices that these offices do not charge any commission or fee from the worker to meet it off.
Second terms and conditions of the establishment of private offices referred to in this article, including foundations and determine the conditions for the renewal of this license offices each year and cases of cancellation of a license and how to manage them and the mechanism for supervising the work of those offices in accordance with instructions issued by the Minister in this regard.
Article 22 punishes His first work for the offending provisions of the operating stipulated in Article (16) of this law by imprisonment for not less than three (3) months and not more than six (6) months and a fine of not less than (100,000) one hundred thousand dinars and not more than (500,000) five hundred thousand dinars, or either of them. The number of the multiplicity of the death penalty offense committed in their business
Second penalty doubled the fine stipulated in item (i) of this Article, if the violation is repeated
Section II
Vocational training
Article 23 first vocational training is aimed at the following:
A. The training of those who are in the age of pre-operating and providing them with technical expertise for all kinds of work in order to supply the various employment sectors including need of competent jurisdiction technical skills.
B. Retrain unemployed workers for post-employment and unemployment at the various levels of qualifications and skills development and re-training of workers to raise the level of professional competence and productivity.
Secondly collective agreements define the rights and obligations of workers and employers with regard to vocational training.
Article 24 First public and private vocational training centers offering vocational training programs to the operating office in accordance with the provisions of this law, and shall Operating Office advise you on the types of skills training programs, and the organization operating after training
Second training programs offered by vocational training centers to create professionalism and formed by a decision of the Minister, an ad hoc committee in coordination with the workers' organizations and employers to add new occupations according to labor market requirements and provide the operating divisions to these programs to provide advice and guidance for the unemployed about the types of skills training programs and the organization operating after lead Training.
1. Third on private companies and non-governmental organizations concerned with training to obtain leave from the Ministry of Labour and be subject to inspection and monitoring and evaluation of the extent of its powers to determine the training and instructions issued by the Minister.
2. imposes a fee on the training center who submit a request to give him a license to open a training center of $ 1,000,000 million Iraqi dinars and recorded revenue of the Department of vocational training as well as afford committees detection and evaluation costs, and are excluded from the provisions of this paragraph workers' organizations and civil society organizations that provide training services for free
IV. For job seekers Joined training programs for free.
Fifthly. Identifies professions that are subject to training and duration of training for each profession theoretical and practical programs that must be taught and the application of quality standards in training and system testing and certification granted and the data that must be registered with the instructions issued by the Minister.
Article 0.25. I. organize apprentice relationship in the training programs, under a written contract that includes objectives and stages and duration of training and the rights and duties of each trainee and the destination of the training, including training in the workplace, in accordance with instructions issued by the Minister.
Second, be Labour and Vocational Training Department is responsible for the payment of the prescribed in the law of retirement contributions to social security for workers through training on the basis of the minimum wage period, in the case of the trainee or his death during training or because of it, and apply the right to intern the provisions of the law of retirement and social security for workers
Thirdly. Vocational training centers comply with occupational health and safety and the placement of the trainee medical examination before the direct training conditions.
Article 26 of the first trainee to withdraw from the training program willingly individual
Second, the training center to end the training contract at any time due to lack of commitment to apprentice training enough or not to discipline or not achieved concrete progress in accordance with the periodic reports Calendar
Third, not for any of the parties in the cases provided for in items (i) and (ii) of this Article that the other party demanding compensation only if the contract included a provision in it
Article 27 first. The offender shall be punished with the provisions of item (iii) of Article (21) of the Act to withdraw the leave and a fine of not less than (1000.000) million Iraqi dinars and not more than (2000.000) two million Iraqi dinars
Second. The Minister after the removal of the violation by the training center, to approve the open position based on the request submitted by the Centre and bear committees detection and evaluation costs.
Chapter V
The organization of the work of foreigners
Article 28 prohibits departments and Employers operation of any foreign workers in any capacity unless the holder of a work permit issued by the ministry for a fee determines the instructions issued by the Minister
Article 29 prohibits foreign workers to join any work before getting a work permit
Article 0.30. I. employer is committed to granting foreign worker who recruited him to Iraq at his own expense a ticket to the country that have brought them unless it is cut off from the expiration of the contract work for the cause of illegal before.
Second employer shall bear upon the death of processing the foreign worker and his body was transferred to the original home or place of residence if his family requested it.
Article -31- The Minister may bring private and operation of foreign workers in Iraq, issuing instructions.
Material - 32. No foreign worker, legally resident in Iraq is to work, in non-legal status, or irregular just because he lost his job, does not follow the loss of a job in itself to withdraw the license of residence or work permit, unless the worker had not made violated Iraqi laws.
Article - 33 - of the ministry and workers' and employers' organizations, separately, the right to establish contacts and exchange information on a regular basis with a corresponding parties in the workers' countries of foreign mother or countries from which they came and the holding of bilateral agreements in order to follow the terms of use and working conditions of these workers from both the two parties in order to ensure the equitable use and equality of opportunity and treatment.
Article 0.34. Shall be punished by a fine of between three (3) times the minimum daily wage and (3) three times the minimum monthly wage for a worker every party or person violates the provisions of this chapter.
Chapter VI
Individual Work Contract
First branch
The individual labor contract
Article 35 first enters into a contract of employment, orally or in writing, by agreement ends Alemtemthleen employer and the worker. In the case of written employment contract, the employer shall organize the work contract in writing and an editor three copies signed by him and by the worker and retains both a copy and the third copy shall be deposited with the department. And it must include the employment contract minimum the following data:
A business owner's name and address and the type of project
B worker's name and date of birth, qualification and occupation, place of residence and nationality
C the nature and type of work, duration and date of commencement
Dr. Remuneration and any benefits or rewards that worker is entitled under the terms of the window and how and date and place of the performance of the agreed wage.
Its working hours and how to divide it
Second. May be the work contract period starts with the experience of its parties agreed, in the event of non-possession factor Vocational prove his skill in the assigned work, provided that no more than that the period of the experiment on the three (3) months from the date Mbacherth work, worker shall not be placed on probation more than once for the same employer.
Third, the employer terminate the contract during the probationary period, if it determines the validity of non-factor for the performance of work, provided that it shall notify the worker before (7) at least seven days from the date of termination of the contract
Fourth in the absence of a written contract of employment between the worker and the employer is the way they prove the existence of the contract and provide data on any rights and claims them under the contract
Article 36, first entered into fixed-term work for the implementation of specific or to provide specific service-related job or project ends on a certain date or date expected to be less than that on the duration of the contract one year.
Second. Shall not specify the duration of the contract in the ongoing nature of the business only when necessary business requirements hiring additional workers for certain period and work.
Third factor has to hold specific work period the same rights enjoyed by the permanent work contract worker.
Fourthly be a labor contract is a fixed term if renovated more than once.
Article 37 first may be a partial conclusion of a contract work and subject to the conditions of employment contract provided for in Article 30 of this Law.
Second, no less hours for part-time work contract (12) twelve hours and not more than (24) twenty four hours a week.
Thirdly enjoys partial factor to work all the rights and is subject to the duties stipulated in this Law
Fourthly calculated the financial rights and the days of annual leave for workers employed part-time contract in proportion between work hours and pay.
Article 38 If a worker came to the workplace and was ready for his performance and prevented that reasons beyond his control so he has to work and he deserves his wage
Article 39 first employer has the following rights:
Regulating the activity of a project
B functions and responsibilities of workers distribution
C take the necessary decisions on working
Dr. Supervise the work progress and the performance of workers to their assigned tasks according to the employment contract.
Second, the employer shall comply with the following:
A respect for the provisions of the contract of employment, collective agreements and the provisions of this law and its application
B provision of means of implementation of the work to the worker
C worker pay wages in accordance with the provisions of this Act
D providing health conditions for the work place and the necessary precautions to protect the worker while working
E providing opportunities for workers and the means to develop the knowledge and technical skills.
And delivery worker at work and arrived Mbacherth including handed him documents and documents and returned to him at the end of the contract of employment or when the agent unless required by replay consequent damage to the employer
G Every worker certificate at the end of the employment contract shows the history Mbacherth work and expiry date and type of work performed by the worker and to be asked to add any data to this certificate and the employer to respond to the request when the required information was added to the fact matching
H give the group a document clearance at the end of the employment contract, provided that the Group had fulfilled all its obligations to the employer in the case of failing worker has the right to resort to spend work to compel access to the requested document
I work statement and risk factor information before hiring
J. Provide appropriate to deal with workers' complaints and grievances and to facilitate access to and use of such a mechanism immediately and deal positively with the complaints mechanism without exposing workers to those applicants complaints to any sanctions.
K. Organizing dossier own personalized for each worker saves a copy of the decision of his appointment and all documents, certificates and information related to it, also it includes them all what occurs to put worker adjustments in his work or wages or rewards or penalties or anything other than that, that keeps the file for two years at least from the date of the end of the employment relationship.
For. Prepare an annual report for each worker by his direct supervisor it includes data on behavior, efficiency and production and specifying the level of efficiency factor and concludes with remarks direct President and his proposals and evaluation that saves the file worker with the contents of his report. That at least the number of workers in the project (15) factor.
M. Provide a copy of the official report on the basic rights granted to workers in the project, or any other relevant conditions of operation and working conditions information, to the Department at the request of the circle that information, provided that the employer provide the Chamber of this statement during a maximum period of one month from the date of receipt of the request.
N. Ensure equal treatment of all employees of the same profession and the same working conditions, whether in terms of wages was Ooualem_khassat Owalklaat Ooualemkaviat Oovrs vocational training or career advancement.
S. The employer shall provide the goods and services necessary for workers in remote locations at subsidized prices
T. The provision of goods and services required for workers in remote locations at subsidized prices.
Article 40 first factor has the following rights:
A payment of wages for work performed by the
To enjoy periods of daily and weekly rest in accordance with the provisions of the contract of employment, collective agreements and the provisions of this law
C equality of opportunity and treatment in the operation and use, away from any form of discrimination.
Dr. Work environment free of harassment.
E in respect of labor relations within the workplace
And take advantage of the vocational training programs
G informed of and consulted on matters with a direct impact on his work
H work in safe conditions and a healthy working environment
I bargaining to improve working conditions and conditions
The strike, according to the provisions of this law
As the freedom to form and join trade unions.
Second factor is committed to the following:
A. Lead his own duties entrusted to him carefully and Secretariat in accordance with the employment contract and the provisions of this law and the instructions and decisions issued for its implementation, and business systems installations issued by the employer and make the care of a person that does not conflict with the provisions of this law.
B maintain the employer's property placed in his custody and do not keep any records of the same bonds or securities belonging to work
C not to disclose any secrets seen by virtue of his work
E follow the occupational health and safety rules
And. Timeliness of attendance and leave and rest periods as stipulated in the labor system.
G not to come to work drunk or under the influence of drugs
H not to carry weapons in the workplace unless the nature of his work so require and be licensed to legally
I Altmard not the intention of getting rid of work
J not to receive any person in the workplace without the consent of the employer
K. To refrain from accepting any commission or other agents or contractors under contract with the employer, but with his knowledge and consent, provided that the funds are placed in a special fund and distributed equally to workers under the supervision of the employer, and are considered the funds from the wage supplements.
If for dysfunctional to act in the provision for non-work time
M not be used machine or device or machine did not cost the use of the employer
N that Ayakd meetings inside the workplace without the consent of the employer and the trade union competent to things purely trade union
Section II
Termination of the employment contract
Article -41- First employment contract ends in one of the following cases:
A. The death of the worker, the employer and the worker is paid to the family of the equivalent of two months salary, provided that the worker had spent in the service of the employer at least one year.
B if the worker sentenced by a court judgment is imprisonment for more than one year but if the judgment shall be re less than a year to work without wages worth the time spent by arrest or imprisonment
C in the case of the death of the employer if his personality irrelevant in the contract and can not complete the contract with the heirs
D in the case of liquidation of the project under a court verdict in the case of liquidation or optionally taking into account the provision of item (iii) of this Article
E if the parties have agreed in writing to end it
And the end of the term of the contract, if the fixed-term contract
G implementation of the action or provide the service, if the contract is for a specific job or a particular service
H resignation working condition to draw notice to the employer before thirty (30) days at least terminate the contract if the worker left work without direct notice or before the expiration of the period stipulated in the contract to pay compensation equivalent to the employer pay for the alarm or the remaining ones
I in the case of force majeure
Second, the employer termination of employment in one of the following cases:
If a worker was injured disease incapacitated for work and did not heal him during the six (6) months from the date of injury and it proved that an official medical certificate
B if the worker was injured deficit incapacitated for work amounted rate (75%) of the seventy-five percent or more of total disability and proved that an official medical certificate
C If the Group completed the retirement age, and then the end of his service deserves a reward according to the provisions of the law of retirement and social security for workers.
D when necessary working conditions in the project to reduce the size requirement of approval of the Minister
E when the worker commits behavior in breach of his duties under the employment contract
If a worker and posing false personal or presented false documents
G if the worker under which the experiment was not acceptable efficiency shows
H If the employee has committed a grave error originated with him a great loss hurt workers Oopalanteg work or judicial decision is
Third, not the employer may shut down his business or his suspension from work or liquidated only after obtaining the approval of the Minister
Article - 42. First, when the availability of one of the cases provided for in item (ii) of Article 37 of this Law, the employer Alarm worker in writing to terminate the contract in the absence of his warning is compensated instead of this warning and must not be less than the alarm (30) thirty days
Article 43 Group, which terminated his service deserves reward end service by wage (2) weeks for each year of service performed by the employer except the provisions of paragraph (b) of item (i) and paragraphs (e) and (g) and (i) of clause ( ii) of Article 37 of this Law
Article 44 first worker to appeal termination decision before the Commission of takedown that make up the instructions issued by the Minister or in front of the elimination work during the thirty (30) days from the date of notification of the termination of his service is waived for this challenge if it does not offer during this period, and if he chooses one of these two roads fell right in the other
Second, the decision of the Commission to end the service subject to appeal before the labor court during the thirty (30) days from the date Althblg done or considered as notified
Thirdly located on the employer the burden of proving terminate the service when you factor stabbed decision to end his service before the end of the Committee on the Elimination of service or in front of work
Article 45 first if found Committee takedown or a court that did not end the worker's service is based on one of the reasons set forth in Article 37 of this Law, it should decide to re-Group to complete its work and pay his remuneration for the period of termination of employment
Second, if the Commission decided to end the service or the court can not re-factor to his finished work from the date of the Commission's decision to hold or the court's decision and pay compensation to the worker the equivalent of twice the reward end of service provided for in Article 43 of this Law
Third in projects that use less than (5) five workers on a regular basis is a contract of employment terminated from the effective date of termination if the committee decided to end the service or the court, the requirement that the employer pays to the worker end of service benefits in accordance with the compensation provided for in item (ii) of this Article
Article 46 first employment contract does not end because of one of the following cases:
Membership in a trade union or participation in the times of his union activities outside work or during times of work with the consent of the employer in writing
B quest to get a recipe or a representative of the workers exercise this trait or already exercise
C file a complaint or instituting proceedings against the employer grievance laws
D enjoy working at one of the legal vacations
E. Discrimination in employment and occupation was either directly or indirectly.
And. Temporary absence from work due to illness or accident according to documented evidence of official identification.
Second is a void termination of employment on the basis of any reason set forth in item (i) of this article and in this case the Commission end the service or the court to decide Group to re-work and pay his remuneration from the previous period 0
B If a worker did not ask him back to work or the committee or the court decided that the re-working is not possible or impractical or inappropriate fair compensation has been decided that the exchange of at least twice the amount of compensation provided for in item (ii) of Article (41) of this is the law
Article 47 of the first worker to end the labor contract willingly individual without warning in the following cases:
A. If the employer breached one of its obligations prescribed in this Act or in the rules of procedure to work, or in the individual employment contract
B if the employer has committed a felony or misdemeanor against worker or family member at work or outside
C. If there is a serious threat to the safety of the worker or his health, provided that the employer is aware of the danger he is not working to remove it.
Second, the worker to ask the committee to end the service or from the court and compensation as provided for in paragraph (b) of item (ii) of Article 42 of this Law
08/15/2015
During the session it has been voted No. (13) Saturday 15 August 2015 (104) out of material (157) material
Name of the people
Presidency
Based on what passed the House of Representatives and approved by the President of the Republic and based on the provisions of subsection (I) of Article (61) and item (iii) of Article 73 of the Constitution
Issued the following law:
No. () for the year 2015
Work law
Chapter One
Definitions
Article 1 is intended terms and phrases for the following purposes of this Act the meanings indicated opposite thereto:
First Ministry: Ministry of Labor and Social Affairs
Second Minister: Minister of Labor and Social Affairs
Thirdly. Department: Employment Service and loans
Fourthly the competent authority: any party responsible for the application of the provisions of this law
Fifthly. Work: all human intellectual effort or his physical factor for a fee, either permanently or casual or temporary or part-time or seasonal
Chapter III Basic principles
Article 4 Work is a right for every citizen capable of performing it, and the State shall endeavor to be supplied on the basis of equal opportunity, without any kind of discrimination.
Article -5- inviolable freedom of action may be restricted or denial of the right to work and the state has adopted to promote full and productive employment policy and respects the fundamental principles and rights, whether it was in the law or the application, which include:
First. Freedom of association and the effective recognition of the right to collective bargaining.
Second. The elimination of all forms of forced or compulsory labor.
Thirdly. The effective abolition of child labor.
IV. The elimination of discrimination in employment and occupation.
Fifthly. Law guarantees the worker's right to labor and services for the practice of the profession and the worker's service is calculated secured active service for purposes of determining the salary and retirement, the Iraqi factor when job recruitment in government departments and the public sector.
Material - 6. The minimum age for employment in the Republic of Iraq is (15) years.
Article 7 I. - This law prohibits any violation or to the principle of equal opportunities and equal treatment exceeded whatever reason and in particular to distinguish between the workers, whether it was direct discrimination or indirect, in all matters relating to vocational training or operating or work or conditions and circumstances.
Secondly - this is prohibited by law under the worker on condition of joining the union or give up its membership in it.
III not be considered discriminatory any distinction, exclusion or preference in connection with a specific job if was based on the basis of the qualifications required by the nature of this work.
Article - 8 - I. This law prohibits forced or compulsory labor in all its forms, including:
A. labor or debt slavery.
(B) work unencumbered by the limitations of people.
C - the trade secret in persons and migrant workers, which is by nature the work is optional.
(D) domestic work, which includes compelling factors.
Second it is not considered compulsory work algebraically or have been as follows:
1. any work or service exacted from any person based on the conviction of a court of law, provided that carried out these acts or services under the supervision and control of public authorities, and that this person is not rented to individuals, companies or associations or be the subject at their disposal.
2. completion of any work or service which is part of the normal civic duties in accordance with the provisions of this law.
3. any work or service which is raped in emergency situations and in general any circumstance threatening the survival or well-being of the whole population or some of them.
Article - 9. This law prohibits sexual harassment in employment and occupation, whether it was at the level of job search or vocational training, operation, or the terms and conditions of employment.
Secondly - this law prohibits any other behavior creates a hostile or intimidating work or demeaning environment for those who brought him this behavior.
III intended sexual harassment in accordance with the provisions of this law, any physical or verbal conduct of a sexual nature or other conduct based on sex and affects the dignity of women and men and be undesirable and unreasonable and insulting to those who receive. Lead and rejection of any person or not subject to this behavior, explicitly or implicitly, to make a decision affecting his job.
-10- Article I. worker the right to resort to the Labour Court to file a complaint when exposed to any form of forced labor, discrimination or harassment in employment and occupation.
Secondly - is punishable by imprisonment for a period not exceeding six months and a fine not exceeding one million dinars or either Whoever violates the provisions of the articles contained in this chapter relating to child labor, discrimination, forced labor and sexual harassment according to each case.
Material - 11. If you work the main owner of the era to another employer to perform the work of his works or part of the subcontractors and that was in one working conditions, they must be on from the era of the work that is equal between the workers and the workers the main employer in all rights, and have both of them in solidarity with the other.
Material - 12. In order to determine whether any person using by someone else, on the court, to determine the nature of the relationship between the parties guided by the facts relating to the performance of work and remuneration paid to the worker, in spite of how to describe the relationship in any contrary arrangement, contractual or non-contractual , it may be agreed between the parties.
Article -13- First represent the rights contained in the provisions of this law, the minimum workers' rights and do not affect those provisions on any of the rights granted to workers under any other law, or a labor contract, agreement or decision if any of them arrange for a worker rights better than rights prescribed to him under the provisions of this law
Second is void every clause in a contract or agreement whereby the worker waives any right of the assessed his rights under the provisions of this law
Thirdly. When there is no provision in the law so they can be the application of the provisions of the Arab and international labor conventions ratified by the relevant law.
Article -14 Arabic is the language adopted in all labor relations and contracts and records, documents, and based Kurdish language alongside Arabic language in Kurdistan, and can not be invoked in the face factor in any foreign language document editor, even if authenticated signature
Chapter IV
Employment and Vocational Training
First branch
Operating
Article-15 first - formed by a decision of the cabinet committee called the Supreme Committee for the planning and operation of the labor force, headed by the minister and the membership of representatives from each of the relevant ministries and workers' organizations and organizations most representative of employers, shall draw up the general policy of the run and vocational training.
Second determines the composition of the Commission decision and functioning of its members and the number of instructions issued by the Minister.
Article -16- ministry run sections General distributed properly established so that makes it easier for employers and workers to contact them and offer such services free of charge sections ministry and determine system operations and powers instructions issued by the Minister.
Article -17- The operating office in Mayati circuit:
First run provide services workers and job seekers and employers for free, according to the opportunities available
Second, cooperation with the public and private sectors, mixed and cooperative on the organization of the labor market to achieve full employment, preservation and development of human resources
III help workers to find work commensurate with their skills and professional abilities and mental and physical help employers to find suitable workers for the work entrusted to them.
Fourthly registration researchers work, and the statement of professional qualifications, and experience and desires, interview them and assess their physical abilities and professional, and help them to get professional guidance and counseling or retraining 0
Fifthly get accurate information from the employer for vacancies Tell office, and requirements to be met in the most wanted workers.
VI nomination of Iraqi job seekers who meet the professional skills and mental and physical capabilities of the work available to them and other non-Iraqi workers if they meet the qualifications that meet the specifications of the work required, taking into account the provisions of articles (24) and (25) of this law.
Seventh granting student work and a document called (operating card) to prove their personal data and its own type of work request
Eighth refer job applicants and vacancies of office running to another, if you can not find a suitable job for student work or if you can not adequately fill the vacant office of the original or if other circumstances this procedure required the consent of the student work 0
IX Prepare periodic data in cooperation with relevant departments and trade unions organizations and provide information available about the expected developments of the labor market situation, at the State level, or industries or professions or different regions to provide this information and collected regularly, analysis and accuracy of the public sector and workers' organizations and employers concerned
X. take appropriate measures to facilitate the following:
A transmission of the national workforce in various types of professions
B transmission of the national workforce to areas where no suitable job opportunities
C Jump interim national workforce from one area to another, for the provision of labor supply and demand
D workforce move from one country to another and who is authorized by governments on the basis of the principle of reciprocity
Article. 18. I. The Ministry to form a tripartite committee called the tripartite consultation committee composed of representatives from the ministry and relevant ministries and representatives of the workers and the most representative organizations of employers' organizations.
Second: the ministry responsible for administrative support to the Tripartite Consultation procedures as appropriate arrangements with the representative organizations conducting Commission to fund any training necessary for the members of this Committee.
Article 19, the employer shall comply with the following:
First inform the office operating in his area for the existing vacancies has within a period of not more than ten (10) days from the occurrence of the vacancy, and on the operating office to inform job seekers so, according to the following procedures:
A employer submit an application to the Office operating in his area which shows the type of work that requires Almtaloboualmoasfat availability in student work
B meets the demand operating office in the case of the availability of the required factor of between registered in its records, if not available, the Bureau shall contact other offices in order to satisfy demand
C Report employer copywriters nomination or apologize to meet demand during the (15) fifteen days from the date of receiving the request of the employer and registered in the relevant section
Second, the employer run directly apology workers at employment offices
Article 0.20. Work is a right to a student who nominated his work rejected if there are objective reasons prevent the acceptance of the work or not to work fit with his career and the degree of skill, and otherwise forfeited in the sequence it has to file a new application and gives a new sequence so.
Material. 21. First - The Ministry shall issue licenses for the establishment of private employment offices that these offices do not charge any commission or fee from the worker to meet it off.
Second terms and conditions of the establishment of private offices referred to in this article, including foundations and determine the conditions for the renewal of this license offices each year and cases of cancellation of a license and how to manage them and the mechanism for supervising the work of those offices in accordance with instructions issued by the Minister in this regard.
Article 22 punishes His first work for the offending provisions of the operating stipulated in Article (16) of this law by imprisonment for not less than three (3) months and not more than six (6) months and a fine of not less than (100,000) one hundred thousand dinars and not more than (500,000) five hundred thousand dinars, or either of them. The number of the multiplicity of the death penalty offense committed in their business
Second penalty doubled the fine stipulated in item (i) of this Article, if the violation is repeated
Section II
Vocational training
Article 23 first vocational training is aimed at the following:
A. The training of those who are in the age of pre-operating and providing them with technical expertise for all kinds of work in order to supply the various employment sectors including need of competent jurisdiction technical skills.
B. Retrain unemployed workers for post-employment and unemployment at the various levels of qualifications and skills development and re-training of workers to raise the level of professional competence and productivity.
Secondly collective agreements define the rights and obligations of workers and employers with regard to vocational training.
Article 24 First public and private vocational training centers offering vocational training programs to the operating office in accordance with the provisions of this law, and shall Operating Office advise you on the types of skills training programs, and the organization operating after training
Second training programs offered by vocational training centers to create professionalism and formed by a decision of the Minister, an ad hoc committee in coordination with the workers' organizations and employers to add new occupations according to labor market requirements and provide the operating divisions to these programs to provide advice and guidance for the unemployed about the types of skills training programs and the organization operating after lead Training.
1. Third on private companies and non-governmental organizations concerned with training to obtain leave from the Ministry of Labour and be subject to inspection and monitoring and evaluation of the extent of its powers to determine the training and instructions issued by the Minister.
2. imposes a fee on the training center who submit a request to give him a license to open a training center of $ 1,000,000 million Iraqi dinars and recorded revenue of the Department of vocational training as well as afford committees detection and evaluation costs, and are excluded from the provisions of this paragraph workers' organizations and civil society organizations that provide training services for free
IV. For job seekers Joined training programs for free.
Fifthly. Identifies professions that are subject to training and duration of training for each profession theoretical and practical programs that must be taught and the application of quality standards in training and system testing and certification granted and the data that must be registered with the instructions issued by the Minister.
Article 0.25. I. organize apprentice relationship in the training programs, under a written contract that includes objectives and stages and duration of training and the rights and duties of each trainee and the destination of the training, including training in the workplace, in accordance with instructions issued by the Minister.
Second, be Labour and Vocational Training Department is responsible for the payment of the prescribed in the law of retirement contributions to social security for workers through training on the basis of the minimum wage period, in the case of the trainee or his death during training or because of it, and apply the right to intern the provisions of the law of retirement and social security for workers
Thirdly. Vocational training centers comply with occupational health and safety and the placement of the trainee medical examination before the direct training conditions.
Article 26 of the first trainee to withdraw from the training program willingly individual
Second, the training center to end the training contract at any time due to lack of commitment to apprentice training enough or not to discipline or not achieved concrete progress in accordance with the periodic reports Calendar
Third, not for any of the parties in the cases provided for in items (i) and (ii) of this Article that the other party demanding compensation only if the contract included a provision in it
Article 27 first. The offender shall be punished with the provisions of item (iii) of Article (21) of the Act to withdraw the leave and a fine of not less than (1000.000) million Iraqi dinars and not more than (2000.000) two million Iraqi dinars
Second. The Minister after the removal of the violation by the training center, to approve the open position based on the request submitted by the Centre and bear committees detection and evaluation costs.
Chapter V
The organization of the work of foreigners
Article 28 prohibits departments and Employers operation of any foreign workers in any capacity unless the holder of a work permit issued by the ministry for a fee determines the instructions issued by the Minister
Article 29 prohibits foreign workers to join any work before getting a work permit
Article 0.30. I. employer is committed to granting foreign worker who recruited him to Iraq at his own expense a ticket to the country that have brought them unless it is cut off from the expiration of the contract work for the cause of illegal before.
Second employer shall bear upon the death of processing the foreign worker and his body was transferred to the original home or place of residence if his family requested it.
Article -31- The Minister may bring private and operation of foreign workers in Iraq, issuing instructions.
Material - 32. No foreign worker, legally resident in Iraq is to work, in non-legal status, or irregular just because he lost his job, does not follow the loss of a job in itself to withdraw the license of residence or work permit, unless the worker had not made violated Iraqi laws.
Article - 33 - of the ministry and workers' and employers' organizations, separately, the right to establish contacts and exchange information on a regular basis with a corresponding parties in the workers' countries of foreign mother or countries from which they came and the holding of bilateral agreements in order to follow the terms of use and working conditions of these workers from both the two parties in order to ensure the equitable use and equality of opportunity and treatment.
Article 0.34. Shall be punished by a fine of between three (3) times the minimum daily wage and (3) three times the minimum monthly wage for a worker every party or person violates the provisions of this chapter.
Chapter VI
Individual Work Contract
First branch
The individual labor contract
Article 35 first enters into a contract of employment, orally or in writing, by agreement ends Alemtemthleen employer and the worker. In the case of written employment contract, the employer shall organize the work contract in writing and an editor three copies signed by him and by the worker and retains both a copy and the third copy shall be deposited with the department. And it must include the employment contract minimum the following data:
A business owner's name and address and the type of project
B worker's name and date of birth, qualification and occupation, place of residence and nationality
C the nature and type of work, duration and date of commencement
Dr. Remuneration and any benefits or rewards that worker is entitled under the terms of the window and how and date and place of the performance of the agreed wage.
Its working hours and how to divide it
Second. May be the work contract period starts with the experience of its parties agreed, in the event of non-possession factor Vocational prove his skill in the assigned work, provided that no more than that the period of the experiment on the three (3) months from the date Mbacherth work, worker shall not be placed on probation more than once for the same employer.
Third, the employer terminate the contract during the probationary period, if it determines the validity of non-factor for the performance of work, provided that it shall notify the worker before (7) at least seven days from the date of termination of the contract
Fourth in the absence of a written contract of employment between the worker and the employer is the way they prove the existence of the contract and provide data on any rights and claims them under the contract
Article 36, first entered into fixed-term work for the implementation of specific or to provide specific service-related job or project ends on a certain date or date expected to be less than that on the duration of the contract one year.
Second. Shall not specify the duration of the contract in the ongoing nature of the business only when necessary business requirements hiring additional workers for certain period and work.
Third factor has to hold specific work period the same rights enjoyed by the permanent work contract worker.
Fourthly be a labor contract is a fixed term if renovated more than once.
Article 37 first may be a partial conclusion of a contract work and subject to the conditions of employment contract provided for in Article 30 of this Law.
Second, no less hours for part-time work contract (12) twelve hours and not more than (24) twenty four hours a week.
Thirdly enjoys partial factor to work all the rights and is subject to the duties stipulated in this Law
Fourthly calculated the financial rights and the days of annual leave for workers employed part-time contract in proportion between work hours and pay.
Article 38 If a worker came to the workplace and was ready for his performance and prevented that reasons beyond his control so he has to work and he deserves his wage
Article 39 first employer has the following rights:
Regulating the activity of a project
B functions and responsibilities of workers distribution
C take the necessary decisions on working
Dr. Supervise the work progress and the performance of workers to their assigned tasks according to the employment contract.
Second, the employer shall comply with the following:
A respect for the provisions of the contract of employment, collective agreements and the provisions of this law and its application
B provision of means of implementation of the work to the worker
C worker pay wages in accordance with the provisions of this Act
D providing health conditions for the work place and the necessary precautions to protect the worker while working
E providing opportunities for workers and the means to develop the knowledge and technical skills.
And delivery worker at work and arrived Mbacherth including handed him documents and documents and returned to him at the end of the contract of employment or when the agent unless required by replay consequent damage to the employer
G Every worker certificate at the end of the employment contract shows the history Mbacherth work and expiry date and type of work performed by the worker and to be asked to add any data to this certificate and the employer to respond to the request when the required information was added to the fact matching
H give the group a document clearance at the end of the employment contract, provided that the Group had fulfilled all its obligations to the employer in the case of failing worker has the right to resort to spend work to compel access to the requested document
I work statement and risk factor information before hiring
J. Provide appropriate to deal with workers' complaints and grievances and to facilitate access to and use of such a mechanism immediately and deal positively with the complaints mechanism without exposing workers to those applicants complaints to any sanctions.
K. Organizing dossier own personalized for each worker saves a copy of the decision of his appointment and all documents, certificates and information related to it, also it includes them all what occurs to put worker adjustments in his work or wages or rewards or penalties or anything other than that, that keeps the file for two years at least from the date of the end of the employment relationship.
For. Prepare an annual report for each worker by his direct supervisor it includes data on behavior, efficiency and production and specifying the level of efficiency factor and concludes with remarks direct President and his proposals and evaluation that saves the file worker with the contents of his report. That at least the number of workers in the project (15) factor.
M. Provide a copy of the official report on the basic rights granted to workers in the project, or any other relevant conditions of operation and working conditions information, to the Department at the request of the circle that information, provided that the employer provide the Chamber of this statement during a maximum period of one month from the date of receipt of the request.
N. Ensure equal treatment of all employees of the same profession and the same working conditions, whether in terms of wages was Ooualem_khassat Owalklaat Ooualemkaviat Oovrs vocational training or career advancement.
S. The employer shall provide the goods and services necessary for workers in remote locations at subsidized prices
T. The provision of goods and services required for workers in remote locations at subsidized prices.
Article 40 first factor has the following rights:
A payment of wages for work performed by the
To enjoy periods of daily and weekly rest in accordance with the provisions of the contract of employment, collective agreements and the provisions of this law
C equality of opportunity and treatment in the operation and use, away from any form of discrimination.
Dr. Work environment free of harassment.
E in respect of labor relations within the workplace
And take advantage of the vocational training programs
G informed of and consulted on matters with a direct impact on his work
H work in safe conditions and a healthy working environment
I bargaining to improve working conditions and conditions
The strike, according to the provisions of this law
As the freedom to form and join trade unions.
Second factor is committed to the following:
A. Lead his own duties entrusted to him carefully and Secretariat in accordance with the employment contract and the provisions of this law and the instructions and decisions issued for its implementation, and business systems installations issued by the employer and make the care of a person that does not conflict with the provisions of this law.
B maintain the employer's property placed in his custody and do not keep any records of the same bonds or securities belonging to work
C not to disclose any secrets seen by virtue of his work
E follow the occupational health and safety rules
And. Timeliness of attendance and leave and rest periods as stipulated in the labor system.
G not to come to work drunk or under the influence of drugs
H not to carry weapons in the workplace unless the nature of his work so require and be licensed to legally
I Altmard not the intention of getting rid of work
J not to receive any person in the workplace without the consent of the employer
K. To refrain from accepting any commission or other agents or contractors under contract with the employer, but with his knowledge and consent, provided that the funds are placed in a special fund and distributed equally to workers under the supervision of the employer, and are considered the funds from the wage supplements.
If for dysfunctional to act in the provision for non-work time
M not be used machine or device or machine did not cost the use of the employer
N that Ayakd meetings inside the workplace without the consent of the employer and the trade union competent to things purely trade union
Section II
Termination of the employment contract
Article -41- First employment contract ends in one of the following cases:
A. The death of the worker, the employer and the worker is paid to the family of the equivalent of two months salary, provided that the worker had spent in the service of the employer at least one year.
B if the worker sentenced by a court judgment is imprisonment for more than one year but if the judgment shall be re less than a year to work without wages worth the time spent by arrest or imprisonment
C in the case of the death of the employer if his personality irrelevant in the contract and can not complete the contract with the heirs
D in the case of liquidation of the project under a court verdict in the case of liquidation or optionally taking into account the provision of item (iii) of this Article
E if the parties have agreed in writing to end it
And the end of the term of the contract, if the fixed-term contract
G implementation of the action or provide the service, if the contract is for a specific job or a particular service
H resignation working condition to draw notice to the employer before thirty (30) days at least terminate the contract if the worker left work without direct notice or before the expiration of the period stipulated in the contract to pay compensation equivalent to the employer pay for the alarm or the remaining ones
I in the case of force majeure
Second, the employer termination of employment in one of the following cases:
If a worker was injured disease incapacitated for work and did not heal him during the six (6) months from the date of injury and it proved that an official medical certificate
B if the worker was injured deficit incapacitated for work amounted rate (75%) of the seventy-five percent or more of total disability and proved that an official medical certificate
C If the Group completed the retirement age, and then the end of his service deserves a reward according to the provisions of the law of retirement and social security for workers.
D when necessary working conditions in the project to reduce the size requirement of approval of the Minister
E when the worker commits behavior in breach of his duties under the employment contract
If a worker and posing false personal or presented false documents
G if the worker under which the experiment was not acceptable efficiency shows
H If the employee has committed a grave error originated with him a great loss hurt workers Oopalanteg work or judicial decision is
Third, not the employer may shut down his business or his suspension from work or liquidated only after obtaining the approval of the Minister
Article - 42. First, when the availability of one of the cases provided for in item (ii) of Article 37 of this Law, the employer Alarm worker in writing to terminate the contract in the absence of his warning is compensated instead of this warning and must not be less than the alarm (30) thirty days
Article 43 Group, which terminated his service deserves reward end service by wage (2) weeks for each year of service performed by the employer except the provisions of paragraph (b) of item (i) and paragraphs (e) and (g) and (i) of clause ( ii) of Article 37 of this Law
Article 44 first worker to appeal termination decision before the Commission of takedown that make up the instructions issued by the Minister or in front of the elimination work during the thirty (30) days from the date of notification of the termination of his service is waived for this challenge if it does not offer during this period, and if he chooses one of these two roads fell right in the other
Second, the decision of the Commission to end the service subject to appeal before the labor court during the thirty (30) days from the date Althblg done or considered as notified
Thirdly located on the employer the burden of proving terminate the service when you factor stabbed decision to end his service before the end of the Committee on the Elimination of service or in front of work
Article 45 first if found Committee takedown or a court that did not end the worker's service is based on one of the reasons set forth in Article 37 of this Law, it should decide to re-Group to complete its work and pay his remuneration for the period of termination of employment
Second, if the Commission decided to end the service or the court can not re-factor to his finished work from the date of the Commission's decision to hold or the court's decision and pay compensation to the worker the equivalent of twice the reward end of service provided for in Article 43 of this Law
Third in projects that use less than (5) five workers on a regular basis is a contract of employment terminated from the effective date of termination if the committee decided to end the service or the court, the requirement that the employer pays to the worker end of service benefits in accordance with the compensation provided for in item (ii) of this Article
Article 46 first employment contract does not end because of one of the following cases:
Membership in a trade union or participation in the times of his union activities outside work or during times of work with the consent of the employer in writing
B quest to get a recipe or a representative of the workers exercise this trait or already exercise
C file a complaint or instituting proceedings against the employer grievance laws
D enjoy working at one of the legal vacations
E. Discrimination in employment and occupation was either directly or indirectly.
And. Temporary absence from work due to illness or accident according to documented evidence of official identification.
Second is a void termination of employment on the basis of any reason set forth in item (i) of this article and in this case the Commission end the service or the court to decide Group to re-work and pay his remuneration from the previous period 0
B If a worker did not ask him back to work or the committee or the court decided that the re-working is not possible or impractical or inappropriate fair compensation has been decided that the exchange of at least twice the amount of compensation provided for in item (ii) of Article (41) of this is the law
Article 47 of the first worker to end the labor contract willingly individual without warning in the following cases:
A. If the employer breached one of its obligations prescribed in this Act or in the rules of procedure to work, or in the individual employment contract
B if the employer has committed a felony or misdemeanor against worker or family member at work or outside
C. If there is a serious threat to the safety of the worker or his health, provided that the employer is aware of the danger he is not working to remove it.
Second, the worker to ask the committee to end the service or from the court and compensation as provided for in paragraph (b) of item (ii) of Article 42 of this Law
eight hours a day or (48) Forty-eight hours a week, subject to the exceptions set forth in this law. 
