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Twilight News published a draft pension law and social security for workers
9/13/15
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
Law
Retirement and social security for workers
chapter One
Definitions and Syriacs
Article 1
First, intended in this law, the following words and phrases, meanings indicated opposite thereto: -
Ministry: Ministry of Labour and Social Affairs.
Minister: Minister of Labour and Social Affairs.
Department: Department of pension and social security for workers.
Fund: Guarantee Fund and the retirement of the private, mixed and cooperative Alamalllqtaa.
Director General: The Director General of the Department of pension and social security for workers.
Social security: social insurance for workers insured against certain risks of life such as work-related injuries and illness, disability and old age, death and unemployment.
Content: Each person working in a collective or individual project work or at work Giralniz sector and pay the security deposit to be paid subscription to the Fund Dmanouthad workers to meet any of the guarantees Owalkhaddmatowaltaweidat or bonuses or salaries provided by the fund secured for that factor.
Secured Service: The service is covered by the provisions of this law.
Subscribe: The amount to be paid to those established by this law.
Factor: each natural person, whether male or female work under the guidance and supervision of the employer and under his administration, whether he was working a contract written or oral express or implied or for training or testing or the intellectual work or my body for a fee of any kind under this law
Self-employed worker: All of lead Amlaola works with third parties.
Employer: Any natural person or legal entity employing one or more for a fee.
Remuneration: what it's worth every worker on the employer in cash or in kind for work of any kind, and attached to it and is one of the Emtemmath everything given to workers from the provisions of any kind, and wages for overtime.
Medical expertise: the medical expertise specified in this law.
Disease: ill-health which prevents the owner from carrying out his work and is not caused by injury Amiloihdd medical expertise.
Occupational disease: the illness caused by the exercise of a particular profession.
Work injury: occupational disease Ooasabh malfunction organic result of an accident and Qaatina work or because of him and considered in ruling on that incident, which is located to the person secured during direct gone to work or during direct him to return and determine occupational diseases and organic faults and the proportion of the deficit came from behind their respective schedules attached to this law will be issued decision of the minister.
Deficit: decrease the ability to work full or part-time work due to illness or injuries.
Compensation: All content Fund paid during the life-cycle service and secured in accordance with the provisions of this law.
Retirement: full or partial pension fund, which paid for the content or to his successor after him
At the end of his period of service or disability or death according to the provisions of this law.
Optional Warranty: system includes wishing employers or self-employed or partner with others or working outside Iraq retirement provisions laid down to ensure branch in this law.
The informal sector: is a group of individuals and small businesses that produce goods or provide services or distribute the self-employed and not covered by personal or social protection.
End of service benefits: monetary compensation is paid to the content of one batch if it ended his service did not give her a pension because of the lack of maturity conditions has.
Board of Directors: Is the Council guarantee fund administration and retired workers.
The private sector: projects that the state does not participate in a share group.
The cooperative sector: a set of projects or cooperative nature activities.
The mixed sector: projects that involved the state's share and the contribution of the group.
Worker trainee: Everyone in the preparation, training and rehabilitation phase.
Disruption of work: a situation where the content loses chance Amlhlaa reason, despite his ability and desire to work in it.
Medical committees: Committees are formed by the Ministry of Health and approved by the department.
Second, with the exception of the definitions, terminology and texts that responded to the special meanings specified in this law is the all definitions, terms and other provisions contained in the Labour Act in force complementary to the provisions of this law.
Third: With the exception of the definitions, terminology and texts that responded to the special meanings specified in the Labour Act in force is the all definitions, terms and other provisions contained in this law are complementary to the provisions of the labor law.
Article -2-
First, the provisions of this law shall apply to workers in the private sector and mixed, cooperative and covered by all the provisions of the labor law.
Second, the provisions of section apply to ensure retirement Iraqi workers employed outside the country of their choice, without prejudice to the provisions of international and Arab labor conventions that regulate taxation in cases of social Alhmolbagamaldman.
Third, the provisions of the branches of social security for workers apply to:
A-self-employed.
(B) workers in the unorganized sector.
(C) members of the employer's family (husband, wife and children and his roots and branches who work in the projects).
D Iraqis working for the diplomatic corps operating in Iraq.
Article 3
First, the provisions on ensuring that work-related injuries and occupational diseases on workers trainees secured and in accordance with instructions issued by the Minister apply.
Second: If a worker injured trainee secured permanent total disability or died as a result of a work injury shall be entitled to a monthly stipend equivalent to the minimum salary or pension disease.
Third: If a worker injured trainee secured partial disability resulting from the injury Amlessthak compensation equivalent to the proportion of the deficit or pay partial injury, according to the provisions of items (ii) and (iii) of Article (40) of this law.
Chapter II
The goal of the law and comprehensiveness
Article 4
Social security is a right guaranteed by law designed to protect covered by its provisions in cases of old age, disability, illness, injuries and occupational diseases, death and disruption of work and is achieved by the main branches of social security following:
First: the retirement branch.
Second, work-related injuries and occupational diseases branch.
Third: Branch subsidy disruption of business.
Fourth: Optional security branch and to ensure that workers in the informal sector.
Fifth: the branch of health insurance and services.
Acquired rights
Article -5-
First, representing the provisions contained in this law, the minimum social guarantees prescribed Vihohaithama any law or regulation or a special cover other branches of the security or has the best advantages of warranty draft decision in this law or in one of them really is acquired for the beneficiaries of it may not be reversed either That was before the issuance of this law Obadh.
Second: The provisions of the labor law in force or any other law Mkmlhlagam replaced by this law.
Chapter III
Administrative organization of the department
Article 6
First: is concerned with the Department of pension and social security for workers with moral profile associated with the Ministry of Labor and Social Affairs, the implementation of the provisions of this law, and to act in that capacity in all legal acts and conclude contracts, including the right to litigate and own movable and immovable property and investment and to accept donations and subsidies, donations and bequests, loans and procedures legal.
Second, the President circle in the center of Baghdad and it may establish branches or offices inside Iraq and which may set up outside the offices.
Board of Directors
Article 7
First, based in the Department of pension and social security for workers called Fund (guarantee fund and retired workers) from the funds of its assets and revenues of the circuit is made up.
Second, it is the Fund's moral character is represented by Director-General or his nominee.
Article -8-
First: Fund Board of Directors consists of the following runs:
Undersecretary chosen by the prime minister
(B) Director General of the Department of retirement and social security for workers Edwaoorteura
C-Director General of the State Pension Fund staff member
(D) the Director-General of the Department of Employment and loans member
(E) Director General of the Budget Department in the Ministry of Finance member
(F) A representative of the National Investment Commission degree of not less than general manager of a member
(G) a representative of the Ministry of Health no less degree from the Director General of the member
(H) a representative of the General Federation of Trade Unions member
(I) a representative of a member of the Iraqi Federation of Industries
(J) Two of the experienced and competent minister chosen by members
Second, the Fund's Board meets once in at least every two months or whenever necessary so quorum and the meeting in the presence of at least two-thirds of its members and shall take decisions unanimously or by simple majority, and when parity is likely to side who voted him President of the Council.
Third:
The term of office shall be three Snouattabtdaoua the date of commencement except for the decision, and the minister that the president asked members to continue their work until their naming replacements or re-nominated.
(B) may be re-member who ended his term of office the nomination.
(C) The member described in paragraph (a) above to submit a written request to the Wazzerbaafaih office becomes vacant after acceptance.
(D) User is considered to have resigned if it did not attend the meeting of the Council for three consecutive sessions without an excuse acceptable to the Council.
(E) operating Lists candidate for membership of the water becomes vacant before the end of the term of the remainder of the term.
Fourth: The Board of Directors' decisions are subject to the Minister by virtue of authentication is ratified after fifteen days from the date of receipt.
Fifth: The Fund's Board of Administration Mayati:
Investment fund, develop, maintain and identify investment.
(B) approve the general budget of the Fund Project.
C - Approval of the conclusion of contracts and commitments for the Fund in accordance with law.
(D) to decide on objections to this law Mderaamaldairh.ofaqalagam decisions.
E - accepting gifts and donations from within Iraq, but if the outside of Vtsthsal approvals on it.
(F) the promotion of efficient financial management of the Fund, financial, technical and regulations according to the latest methods of work and bring information technology replaces manual labor in all labor affairs.
(G) contract with specialists and local experts Arabs and foreigners, in the light of the needs of the Fund.
(H) to propose legislation that will help achieve the goals of social security.
(I) the study of topics presented by the Minister or Director-General or the General Federation of Trade Unions or the Iraqi Federation of Industries, or the Federation of Chambers of Commerce and the issuance of appropriate decisions.
(J) granting wage to staff the department who are assigned extra work outside the formal labor times and these wages are excluded from the provisions of the State Personnel Act.
(K) raise the quarterly reports to Wazzaran financial statements and the results of fund investments.
L The Board of Directors reconsider the salaries of retirees or any other amounts (mentioned) as needed for that.
Sixth: The Board of Directors may authorize the President or decision some of his powers.
Article 9
The department manages employee entitled general manager holds a university degree and at least a preliminary experienced and competent and has the experience to Atqn fifteen years, and in particular undertakes the following functions and powers:
First, apply the policy set by the Board and the implementation of its decisions relating to branches of social security.
Second: human Ttaiwiralamward in the circuit and the preparation of projects and the Angels have the budget and final accounts and presented to the Council within three months of the fiscal year end date.
Third: the preparation of reports on the work of the department and its achievements and submit them to the Council and follow-up implementation of the necessary measures so.
Fourth: planning, directing and evaluating the administrative, technical and financial activities of the circuit devices.
Fifth, consider all requests for unsecured relevant provisions of this law.
Sixth: It disbursement within the authorized boundaries of its Chairman of the Board.
Seventh: Any other powers delegated to him by the Council or vested under the regulations issued under the Act.
Eighth: the Director-General to entrust part of his powers to some of the department's staff.
Service system in the circuit
Article -10-
Apply to employees of the department legal provisions of the unified civil service retirement.
Chapter IV
Financial regulation (PET budget)
Article 11
Circuit independent budget prepared and approved by the Director General and the Board of Directors and ratified by the minister is then final approval by the Minister of Finance in accordance with the provisions of section (
of the Financial Management Law No. (95) for the year 2004.
Article -12-
Fiscal year begins to circle the first day of April of each year and ends in the atheist and the thirtieth of the month of March of the following year.
Financial resources of the Fund
Article -13-
Financial resources of the Fund consists of the following sources:
First, the amounts of contributions and the amounts of the fines paid to the department or governed by administrative and Qdhaiiaofaqa the provisions of this law.
Second, movable and immovable properties owned by the Fund.
Third, investment returns of the Fund.
Fourth: Grants, subsidies, donations and bequests and loans and any other revenue Aladarhaly Council agrees to accept them.
Fifth: Circle achieved revenues according to the law regulating the distribution of profits in the companies.
Sixth: the contribution of the public treasury to support the Fund in cases of emergency and exceptional circumstances that generate a deficit in the fund
Seventh: Any other resources worthy of the Fund pursuant to the provisions of this Act or other laws.
Article -14-
First: all the money the department and fund public funds is not permitted to dispose of them except for the purposes of this Act within the limits of the rules and practices set forth therein and the Board of Directors and ratification by the minister to grant financial incentives to employees in the department and their supporters as not to exceed the (5%) of the surplus revenue earned for the department.
Second: all financial procedures and actions in the circuit and the Fund for financial inspection and audit the Board of Control Almalahofaqa Iraqi laws in force subject.
Third: the circle and the Fund's debt and the amounts realized under this law are considered excellent debts and collection force is applied in government debt collection law.
Fourth: All funds are exempt Circle Fund movable and immovable property of all taxes and fees.
General arithmetic examination of the financial center circle
Article -15-
Circuit held every three years at least examination mathematically (actuarially) years for its financial position after the lapse of one year from the date of entry into force of this law shall be accompanied by a report on the outcome of the examination to the Minister indicating the aspects of the balance between different branches of security resources and expenses of these branches, financial situation and investment Amellsndouk and the extent of their ability to meet their obligations Maistojb if necessary in the light of the annual reports of the Board of Directors and the Audit Court that the actuary or a committee called the actuarial experience to do this. The Minister may request that such an examination in which he attributes if time had appeared to him what it requires.
Organizing fund
Article - 16
Each branch of the Aldmanamwalh and reserves and its own resources also have a separate account which shows sub-budget and the amounts of revenues and expenses and the annual balance his last.
Article - 17
Amwaluaiardataldairh are distributed according to actuarial examination results derived in accordance with Article 13 of this law on the security branches and relies on the following base year ratios and changed periodically according to actuarial examination results and mentioned as follows:
First: the division of money and revenue set out in paragraph (ii) and (iii) of Article (13) of the Act as follows:
70% allocated to the branch to ensure a precaution retirement financial year.
30% reserve allocated for each financial year other branches of warranty.
Second, allocate amounts of contributions resources described in paragraph (I) of Article (13) of this law on the security branches, which paid for it amounts to be assessed as follows:
1. deducted from the secured worker ratio (7%) of the total amount earned from wages and emoluments allocated to the retirement account branch.
2. determined by the proportion of subscriptions work for their workers creditors as follows owners:
Proportion (13%) of the total received by the factor of the wage and Alm_khassatotkon this ratio as follows:
(1%) for the branch to ensure work-related injuries and occupational diseases
(1%) of the branch of subsidy to ensure disruption to work.
(9%) of the branch of the retirement guarantee.
(2%) of the branch of social security Asahewalkhaddmat.
(B) the proportion (25%) of wages on employers in the private and mixed sectors who deal in Iraq on business caused profit from the sale of oil or other Alheidrocorpunah materials produced in Iraq and exporting it or selling the rights or interests relating to oil or other substances Alheidrocorpunah mentioned.
This percentage shall be distributed as follows:
(3%) of the branch of work-related injuries and occupational diseases.
(3%) of the branch of subsidy disruption of work
(15%) of the branch of retirement.
(4%) to Fraaldman health and social services.
Article-22
Astqtaha considered the amounts that employers of workers' wages to meet what it's worth from the escrow law as the secretariat subscriptions have them may not be disposed of for any purpose of Alagradmakhla pay the subscription amount that was deducted these amounts for.
Article-23-
First: If entrusted departments to perform any work for the contractor or contractor or investor, whether a major or Thanuyaojb they notified Aldairhbosm that the contractor, address and nature of the work which has been entrusted to him and costs before the start of work at least one week and considers the administration date and the contractor original Wi subcontractor responsibility for the last officials solidarity to meet prescribed the obligations under this law and the regulations and instructions issued thereunder.
Second: all financial circles in the attached public treasury State directly or Independent them to refrain from exchange any entitlement to an employer or contractor or investor unless it is proved the innocence of his duty on this circuit an official document issued Anhowlldairh claim to refer the employee defaulting to justice in accordance with the provisions of embedding code number 12 for the year 2006.
Article-24-
If money the employer moved in any of the sectors covered by the provisions of this law to the third party in any manner shall be the person who passed him the money liable jointly and severally with the employer previous to perform all the rights of the Department but if I moved the money the employer to the heirs shall be solidarity responsibility including the extent of the legacy to each and every one of them.
Article -27-
First: an exception to the legislation and other window may not sell or transfer ownership or give allowances or vacations professions or registered or renewed or leased or any legal act last for any of the companies or laboratories, factories or point of use or more workers without obtaining a clearance certificate of the circuit.
Second, it may not be sold or distribution assets of the above of this article or bankruptcy or liquidation only after notice Aldairhbachhar bankruptcy or a liquidation.
News from the end secured service workers
Article-28-
First: If the secured worker's service ended with the party that noted in the circle and pushed him subscription amount remains the said body responsible for the payment of subscriptions factor until the date communicated to Dairhbonthae factor has service.
Second: the exception of paragraph (i) above workers construction works.
Benefits owed to the workers on the circle creditors
ARTICLE-29
First: The department provides services owed them and lead entitlements provided for in this law for a worker outstanding secured inside Iraq and in accordance with procedures established by the Director-General.
Second, the department does not pay benefits to a person located outside of Iraq and stop paying the person who benefits prove that he left Iraq, but in the following cases:
1-If Iraqis have left Iraq due legally.
2-If an Arab owed has returned to his country after the end of the guaranteed service or if he died of his successor eligible to Aiqimon was in Iraq.
3-if the receivable foreigners applied right the basis of reciprocity, or the provisions of international labor conventions, whichever is best for the worker.
Third, being the payment of benefits in all exceptional cases described in paragraph (ii) of this article in accordance with the instructions issued by the Minister upon the proposal of the Board of Directors.
Fourth: if robbed of freedom secured factor for any legal reason for his successor can be due under formal request review of the circle to get the entitlement by regulations issued by the Board of Directors and approved by the Minister.
Required for entitlement to compensation factor content rather than disruption of work Mayati:
First: that the least number of contributions in accordance with the provisions of this law for (24) twenty-four monthly contributions before the due date instead of disruption of business.
Second: to be able to work and are interested in it.
Third: to have his name in the record of unemployed in the relevant employment offices database record and Atrddalleha in a timely manner.
Fourth, make it clear that separation from service or work because of:
1. resign or leave the work.
2. as a result of being sentenced to a felony or misdemeanor involving moral turpitude.
3-dishonesty or breach of public order or provide personal or impersonated Awaorac forged certificates.
4-constant absences or lack of commitment to the fundamental instructions or disclose the secrets of work or assault Alysahb work or to his superiors in it.
5. repeat coming to the workplace drunk or under the influence of drugs.
6. arose as a result of a foul by the gross loss to the employer.
Article -69-
Fall factor right of the secured or stop the allowance to compensate for the disruption of work in the following cases:
First, he refused to join the appropriate action in light of his qualifications, experience and professional abilities and physical during a maximum period of thirty days from the date of notification to attend.
Second: to leave the Republic of Iraq.
Third: proven functioned for own account or for the account of others, or entitlement to salary or pay a monthly allowance equal to disruption of work or more than.
Article -70-
If it is proved that the content of the Service worker was paid compensation instead of disruption from work without the right to recover all amounts are disbursed to him and are Asthsalha according to government debt collection law.
Article -71-
First: distract the worker instead secured compensate for the disruption to work according to the following:
Article -75-
The compensation revenue instead of disruption from work account Edjaraa secured for a worker and his or her rights are settled from this account in accordance with the following procedures:
First: re-worker secured the accumulated balance in his account savings and consisting of Mpelgalastrakat deducted from his wage and the amount of contributions paid plus investment returns achieved for the account savings on the ongoing amounts less all amounts disbursed to him as compensation for Bdalaltattiyl for work and expenses incurred to manage this account in accordance with the principles prescribed Council Administration .
Second: If the savings account for the worker secured the balance of the amount of debt owed recovers from his pension or any other property belonging to him and be the installment of these amounts allotted pension according to the instructions issued for this purpose.
Third: to Abarv rather than compensate for the disruption of work or any part thereof secured to the worker if the balance Hsabhaledjara before entitlement to allowance or during Medina.
Article -76-
The Minister may issue instructions which describes the foundations and the criteria under which the employee is entitled to the content rather than disruption of business.
Optional security branch
Article -77-
First: Optional security aimed at the inclusion of employers or self-employed in the informal sector Ahoshraka with others or working outside of Iraq to ensure the provisions of the pension provided for in this law, and it shall issue instructions issued by the Minister.
Second, to apply for inclusion included the optional security in accordance with the model form prepared by the department for this purpose.
Third: In order for the inclusion of the person Optional warranty that the old no more than (45) years from the date of application and be medically fit to work Maadaptgarir issued by the competent medical committee approved.
Article -78-
Sources of funding for the optional security Mmaaota comprise:
First, the amount of contributions paid by the optional security covered by (7%) of the subscription amount income category selected by the subscriber from one of the categories set forth in the tables attached to this law.
Second: The State bears the proportion (9%) of the subscription amount chosen by the subscriber from one of the categories set forth in the tables attached to this law.
Third: delay penalties.
Third: Investment funding sources provided for in this article returns.
Article -79-
Subscriber services included in the private Doairathawalqtaa or have any other pension fund for the purposes of social security after the payment of the amount of contributions from the Almstvidhovq ratios set forth in this law before calculating the pension according to the instructions prepared for this purpose.
Article -80-
First: recorded its common name and information in the joint record within the informal sector and give him a special number.
Second, the common choice of the subscription amount which would have to pay contributions by the law according to the tables attached to this income category.
Third, it may move from the subscription amount income category to the next highest category in the organized sector after the passage of one year from the payment of the subscription amount.
Third, it is not permitted to bypass or omission of the remedies provided for articles (92) and (93) and the payment of insurance provided for in paragraphs (i) and (ii).
Article 95.-
Except Acialhalorteurh provisions in this chapter apply to the provisions of disputes guarantee all legal provisions for labor issues.
Sanctions
(Fraud)
Article -96-
As well as sanctions imposed by other laws that worker is deprived of all his rights under this law if it is proved by a court judgment unearned become final that he had submitted to the Department deliberately certificates or data forged Auma'lomat or false facts for the purpose of Alhsolaly include a requirement for Esthakh or on demand over Maysthakh or intent to mislead the circle all rights owed to others in any way.
Article 97.-
If the oldest employer to give or use certificates Obianat or false information or contain false facts, a scientist rigging or false shall be punished with utmost punishment prescribed in the Penal Code for such crimes as well as the obligation to give Ptaweida to circle five times Maspbh her from harm and a fine equivalent to five times the compensation .
(Plagiarism)
Article 98.-
Second, apply the pension from the date of maturity if the application is made on it during the two years of maturity period but does not consider it worth the salary of providing Alma date of application was limited due Oovakedaglah If the Board finds that there are unforeseen circumstances or force majeure prevented the worker or his successor, submit an application to obtain Asthakagueth on pensions.
Security Bank
Article -108-
Chamber under the provisions of this law, the establishment of the Bank of Social Security is called (Escrow Bank) in accordance with the guidelines and conditions of the Iraqi Central Bank.
Article-109
It repealed the law of retirement and social security for workers No. 39 of 1971, as amended, and void any provision inconsistent with the provisions of this law and keep the regulations and instructions issued thereunder, including window and this law does not Ataaradwagam pending Maihl replaced or repealed.
Article 110.-
The Minister shall issue necessary instructions to facilitate the implementation of this law.
Article -111-
This law shall be published in the Official Gazette and implemented after three months from the date of publication and competent Ministers shall implement its provisions.
Mohammed Mohammed Fuad Masum
President of the Republic of Iraq
Reasons
For the legislation of social security for workers, the law is characterized by inclusion wider for workers in the three sectors (private, mixed and cooperative) and each person covered by labor law who spend years of age to work without any real guarantee ensures a decent life for themselves and their families and an affirmation of the principles enshrined in the Constitution, and in response to developments in the current stage and the face of social crises and in line with the invitation of the International Labour Organization to expand the base of social protection, and the inclusion of broader categories of segments of Iraqi society to social security for workers this law was enacted.
Categories subscribe to branch Optional Security Income
T Monthly subscription Iraqi dinar income category Subscribe proportion (16%) of the income group in Iraqi dinars
1 250000 40000
2 300000 48000
3 320000 51200
4 340000 54400
5 360000 57600
6 380000 60 800
7 400000 64000
8 420000 67200
9 440000 70 400
10 460000 73 600
11 480000 76 800
12 510000 81600
13 540000 86400
14 570000 91200
15 600000 96000
16 630000 100 800
17 660 000 105 600
18 690 000 110 400
19 720000 115200
20 750000 120000
21 780 000 124 800
22 820,000 131 200
23 860000 137 600
24 900000 144000
25 960000 153 600
26 1000000 160000
27 1060000 169 600
28 1120000 179 200
29 1180000 188800
30 1240000 198 400
31 1300000 208000
32 1350000 216 000
33 1400000 224000
T Monthly subscription Iraqi dinar income category Subscribe proportion (16%) of the income group in Iraqi dinars
34 1450000 232,000
35 1500000 240000
36 1550000 248000
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9/13/15
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
Law
Retirement and social security for workers
chapter One
Definitions and Syriacs
Article 1
First, intended in this law, the following words and phrases, meanings indicated opposite thereto: -
Ministry: Ministry of Labour and Social Affairs.
Minister: Minister of Labour and Social Affairs.
Department: Department of pension and social security for workers.
Fund: Guarantee Fund and the retirement of the private, mixed and cooperative Alamalllqtaa.
Director General: The Director General of the Department of pension and social security for workers.
Social security: social insurance for workers insured against certain risks of life such as work-related injuries and illness, disability and old age, death and unemployment.
Content: Each person working in a collective or individual project work or at work Giralniz sector and pay the security deposit to be paid subscription to the Fund Dmanouthad workers to meet any of the guarantees Owalkhaddmatowaltaweidat or bonuses or salaries provided by the fund secured for that factor.
Secured Service: The service is covered by the provisions of this law.
Subscribe: The amount to be paid to those established by this law.
Factor: each natural person, whether male or female work under the guidance and supervision of the employer and under his administration, whether he was working a contract written or oral express or implied or for training or testing or the intellectual work or my body for a fee of any kind under this law
Self-employed worker: All of lead Amlaola works with third parties.
Employer: Any natural person or legal entity employing one or more for a fee.
Remuneration: what it's worth every worker on the employer in cash or in kind for work of any kind, and attached to it and is one of the Emtemmath everything given to workers from the provisions of any kind, and wages for overtime.
Medical expertise: the medical expertise specified in this law.
Disease: ill-health which prevents the owner from carrying out his work and is not caused by injury Amiloihdd medical expertise.
Occupational disease: the illness caused by the exercise of a particular profession.
Work injury: occupational disease Ooasabh malfunction organic result of an accident and Qaatina work or because of him and considered in ruling on that incident, which is located to the person secured during direct gone to work or during direct him to return and determine occupational diseases and organic faults and the proportion of the deficit came from behind their respective schedules attached to this law will be issued decision of the minister.
Deficit: decrease the ability to work full or part-time work due to illness or injuries.
Compensation: All content Fund paid during the life-cycle service and secured in accordance with the provisions of this law.
Retirement: full or partial pension fund, which paid for the content or to his successor after him
At the end of his period of service or disability or death according to the provisions of this law.
Optional Warranty: system includes wishing employers or self-employed or partner with others or working outside Iraq retirement provisions laid down to ensure branch in this law.
The informal sector: is a group of individuals and small businesses that produce goods or provide services or distribute the self-employed and not covered by personal or social protection.
End of service benefits: monetary compensation is paid to the content of one batch if it ended his service did not give her a pension because of the lack of maturity conditions has.
Board of Directors: Is the Council guarantee fund administration and retired workers.
The private sector: projects that the state does not participate in a share group.
The cooperative sector: a set of projects or cooperative nature activities.
The mixed sector: projects that involved the state's share and the contribution of the group.
Worker trainee: Everyone in the preparation, training and rehabilitation phase.
Disruption of work: a situation where the content loses chance Amlhlaa reason, despite his ability and desire to work in it.
Medical committees: Committees are formed by the Ministry of Health and approved by the department.
Second, with the exception of the definitions, terminology and texts that responded to the special meanings specified in this law is the all definitions, terms and other provisions contained in the Labour Act in force complementary to the provisions of this law.
Third: With the exception of the definitions, terminology and texts that responded to the special meanings specified in the Labour Act in force is the all definitions, terms and other provisions contained in this law are complementary to the provisions of the labor law.
Article -2-
First, the provisions of this law shall apply to workers in the private sector and mixed, cooperative and covered by all the provisions of the labor law.
Second, the provisions of section apply to ensure retirement Iraqi workers employed outside the country of their choice, without prejudice to the provisions of international and Arab labor conventions that regulate taxation in cases of social Alhmolbagamaldman.
Third, the provisions of the branches of social security for workers apply to:
A-self-employed.
(B) workers in the unorganized sector.
(C) members of the employer's family (husband, wife and children and his roots and branches who work in the projects).
D Iraqis working for the diplomatic corps operating in Iraq.
Article 3
First, the provisions on ensuring that work-related injuries and occupational diseases on workers trainees secured and in accordance with instructions issued by the Minister apply.
Second: If a worker injured trainee secured permanent total disability or died as a result of a work injury shall be entitled to a monthly stipend equivalent to the minimum salary or pension disease.
Third: If a worker injured trainee secured partial disability resulting from the injury Amlessthak compensation equivalent to the proportion of the deficit or pay partial injury, according to the provisions of items (ii) and (iii) of Article (40) of this law.
Chapter II
The goal of the law and comprehensiveness
Article 4
Social security is a right guaranteed by law designed to protect covered by its provisions in cases of old age, disability, illness, injuries and occupational diseases, death and disruption of work and is achieved by the main branches of social security following:
First: the retirement branch.
Second, work-related injuries and occupational diseases branch.
Third: Branch subsidy disruption of business.
Fourth: Optional security branch and to ensure that workers in the informal sector.
Fifth: the branch of health insurance and services.
Acquired rights
Article -5-
First, representing the provisions contained in this law, the minimum social guarantees prescribed Vihohaithama any law or regulation or a special cover other branches of the security or has the best advantages of warranty draft decision in this law or in one of them really is acquired for the beneficiaries of it may not be reversed either That was before the issuance of this law Obadh.
Second: The provisions of the labor law in force or any other law Mkmlhlagam replaced by this law.
Chapter III
Administrative organization of the department
Article 6
First: is concerned with the Department of pension and social security for workers with moral profile associated with the Ministry of Labor and Social Affairs, the implementation of the provisions of this law, and to act in that capacity in all legal acts and conclude contracts, including the right to litigate and own movable and immovable property and investment and to accept donations and subsidies, donations and bequests, loans and procedures legal.
Second, the President circle in the center of Baghdad and it may establish branches or offices inside Iraq and which may set up outside the offices.
Board of Directors
Article 7
First, based in the Department of pension and social security for workers called Fund (guarantee fund and retired workers) from the funds of its assets and revenues of the circuit is made up.
Second, it is the Fund's moral character is represented by Director-General or his nominee.
Article -8-
First: Fund Board of Directors consists of the following runs:
Undersecretary chosen by the prime minister
(B) Director General of the Department of retirement and social security for workers Edwaoorteura
C-Director General of the State Pension Fund staff member
(D) the Director-General of the Department of Employment and loans member
(E) Director General of the Budget Department in the Ministry of Finance member
(F) A representative of the National Investment Commission degree of not less than general manager of a member
(G) a representative of the Ministry of Health no less degree from the Director General of the member
(H) a representative of the General Federation of Trade Unions member
(I) a representative of a member of the Iraqi Federation of Industries
(J) Two of the experienced and competent minister chosen by members
Second, the Fund's Board meets once in at least every two months or whenever necessary so quorum and the meeting in the presence of at least two-thirds of its members and shall take decisions unanimously or by simple majority, and when parity is likely to side who voted him President of the Council.
Third:
The term of office shall be three Snouattabtdaoua the date of commencement except for the decision, and the minister that the president asked members to continue their work until their naming replacements or re-nominated.
(B) may be re-member who ended his term of office the nomination.
(C) The member described in paragraph (a) above to submit a written request to the Wazzerbaafaih office becomes vacant after acceptance.
(D) User is considered to have resigned if it did not attend the meeting of the Council for three consecutive sessions without an excuse acceptable to the Council.
(E) operating Lists candidate for membership of the water becomes vacant before the end of the term of the remainder of the term.
Fourth: The Board of Directors' decisions are subject to the Minister by virtue of authentication is ratified after fifteen days from the date of receipt.
Fifth: The Fund's Board of Administration Mayati:
Investment fund, develop, maintain and identify investment.
(B) approve the general budget of the Fund Project.
C - Approval of the conclusion of contracts and commitments for the Fund in accordance with law.
(D) to decide on objections to this law Mderaamaldairh.ofaqalagam decisions.
E - accepting gifts and donations from within Iraq, but if the outside of Vtsthsal approvals on it.
(F) the promotion of efficient financial management of the Fund, financial, technical and regulations according to the latest methods of work and bring information technology replaces manual labor in all labor affairs.
(G) contract with specialists and local experts Arabs and foreigners, in the light of the needs of the Fund.
(H) to propose legislation that will help achieve the goals of social security.
(I) the study of topics presented by the Minister or Director-General or the General Federation of Trade Unions or the Iraqi Federation of Industries, or the Federation of Chambers of Commerce and the issuance of appropriate decisions.
(J) granting wage to staff the department who are assigned extra work outside the formal labor times and these wages are excluded from the provisions of the State Personnel Act.
(K) raise the quarterly reports to Wazzaran financial statements and the results of fund investments.
L The Board of Directors reconsider the salaries of retirees or any other amounts (mentioned) as needed for that.
Sixth: The Board of Directors may authorize the President or decision some of his powers.
Article 9
The department manages employee entitled general manager holds a university degree and at least a preliminary experienced and competent and has the experience to Atqn fifteen years, and in particular undertakes the following functions and powers:
First, apply the policy set by the Board and the implementation of its decisions relating to branches of social security.
Second: human Ttaiwiralamward in the circuit and the preparation of projects and the Angels have the budget and final accounts and presented to the Council within three months of the fiscal year end date.
Third: the preparation of reports on the work of the department and its achievements and submit them to the Council and follow-up implementation of the necessary measures so.
Fourth: planning, directing and evaluating the administrative, technical and financial activities of the circuit devices.
Fifth, consider all requests for unsecured relevant provisions of this law.
Sixth: It disbursement within the authorized boundaries of its Chairman of the Board.
Seventh: Any other powers delegated to him by the Council or vested under the regulations issued under the Act.
Eighth: the Director-General to entrust part of his powers to some of the department's staff.
Service system in the circuit
Article -10-
Apply to employees of the department legal provisions of the unified civil service retirement.
Chapter IV
Financial regulation (PET budget)
Article 11
Circuit independent budget prepared and approved by the Director General and the Board of Directors and ratified by the minister is then final approval by the Minister of Finance in accordance with the provisions of section (
of the Financial Management Law No. (95) for the year 2004.Article -12-
Fiscal year begins to circle the first day of April of each year and ends in the atheist and the thirtieth of the month of March of the following year.
Financial resources of the Fund
Article -13-
Financial resources of the Fund consists of the following sources:
First, the amounts of contributions and the amounts of the fines paid to the department or governed by administrative and Qdhaiiaofaqa the provisions of this law.
Second, movable and immovable properties owned by the Fund.
Third, investment returns of the Fund.
Fourth: Grants, subsidies, donations and bequests and loans and any other revenue Aladarhaly Council agrees to accept them.
Fifth: Circle achieved revenues according to the law regulating the distribution of profits in the companies.
Sixth: the contribution of the public treasury to support the Fund in cases of emergency and exceptional circumstances that generate a deficit in the fund
Seventh: Any other resources worthy of the Fund pursuant to the provisions of this Act or other laws.
Article -14-
First: all the money the department and fund public funds is not permitted to dispose of them except for the purposes of this Act within the limits of the rules and practices set forth therein and the Board of Directors and ratification by the minister to grant financial incentives to employees in the department and their supporters as not to exceed the (5%) of the surplus revenue earned for the department.
Second: all financial procedures and actions in the circuit and the Fund for financial inspection and audit the Board of Control Almalahofaqa Iraqi laws in force subject.
Third: the circle and the Fund's debt and the amounts realized under this law are considered excellent debts and collection force is applied in government debt collection law.
Fourth: All funds are exempt Circle Fund movable and immovable property of all taxes and fees.
General arithmetic examination of the financial center circle
Article -15-
Circuit held every three years at least examination mathematically (actuarially) years for its financial position after the lapse of one year from the date of entry into force of this law shall be accompanied by a report on the outcome of the examination to the Minister indicating the aspects of the balance between different branches of security resources and expenses of these branches, financial situation and investment Amellsndouk and the extent of their ability to meet their obligations Maistojb if necessary in the light of the annual reports of the Board of Directors and the Audit Court that the actuary or a committee called the actuarial experience to do this. The Minister may request that such an examination in which he attributes if time had appeared to him what it requires.
Organizing fund
Article - 16
Each branch of the Aldmanamwalh and reserves and its own resources also have a separate account which shows sub-budget and the amounts of revenues and expenses and the annual balance his last.
Article - 17
Amwaluaiardataldairh are distributed according to actuarial examination results derived in accordance with Article 13 of this law on the security branches and relies on the following base year ratios and changed periodically according to actuarial examination results and mentioned as follows:
First: the division of money and revenue set out in paragraph (ii) and (iii) of Article (13) of the Act as follows:
70% allocated to the branch to ensure a precaution retirement financial year.
30% reserve allocated for each financial year other branches of warranty.
Second, allocate amounts of contributions resources described in paragraph (I) of Article (13) of this law on the security branches, which paid for it amounts to be assessed as follows:
1. deducted from the secured worker ratio (7%) of the total amount earned from wages and emoluments allocated to the retirement account branch.
2. determined by the proportion of subscriptions work for their workers creditors as follows owners:
Proportion (13%) of the total received by the factor of the wage and Alm_khassatotkon this ratio as follows:
(1%) for the branch to ensure work-related injuries and occupational diseases
(1%) of the branch of subsidy to ensure disruption to work.
(9%) of the branch of the retirement guarantee.
(2%) of the branch of social security Asahewalkhaddmat.
(B) the proportion (25%) of wages on employers in the private and mixed sectors who deal in Iraq on business caused profit from the sale of oil or other Alheidrocorpunah materials produced in Iraq and exporting it or selling the rights or interests relating to oil or other substances Alheidrocorpunah mentioned.
This percentage shall be distributed as follows:
(3%) of the branch of work-related injuries and occupational diseases.
(3%) of the branch of subsidy disruption of work
(15%) of the branch of retirement.
(4%) to Fraaldman health and social services.
Article-22
Astqtaha considered the amounts that employers of workers' wages to meet what it's worth from the escrow law as the secretariat subscriptions have them may not be disposed of for any purpose of Alagradmakhla pay the subscription amount that was deducted these amounts for.
Article-23-
First: If entrusted departments to perform any work for the contractor or contractor or investor, whether a major or Thanuyaojb they notified Aldairhbosm that the contractor, address and nature of the work which has been entrusted to him and costs before the start of work at least one week and considers the administration date and the contractor original Wi subcontractor responsibility for the last officials solidarity to meet prescribed the obligations under this law and the regulations and instructions issued thereunder.
Second: all financial circles in the attached public treasury State directly or Independent them to refrain from exchange any entitlement to an employer or contractor or investor unless it is proved the innocence of his duty on this circuit an official document issued Anhowlldairh claim to refer the employee defaulting to justice in accordance with the provisions of embedding code number 12 for the year 2006.
Article-24-
If money the employer moved in any of the sectors covered by the provisions of this law to the third party in any manner shall be the person who passed him the money liable jointly and severally with the employer previous to perform all the rights of the Department but if I moved the money the employer to the heirs shall be solidarity responsibility including the extent of the legacy to each and every one of them.
Article -27-
First: an exception to the legislation and other window may not sell or transfer ownership or give allowances or vacations professions or registered or renewed or leased or any legal act last for any of the companies or laboratories, factories or point of use or more workers without obtaining a clearance certificate of the circuit.
Second, it may not be sold or distribution assets of the above of this article or bankruptcy or liquidation only after notice Aldairhbachhar bankruptcy or a liquidation.
News from the end secured service workers
Article-28-
First: If the secured worker's service ended with the party that noted in the circle and pushed him subscription amount remains the said body responsible for the payment of subscriptions factor until the date communicated to Dairhbonthae factor has service.
Second: the exception of paragraph (i) above workers construction works.
Benefits owed to the workers on the circle creditors
ARTICLE-29
First: The department provides services owed them and lead entitlements provided for in this law for a worker outstanding secured inside Iraq and in accordance with procedures established by the Director-General.
Second, the department does not pay benefits to a person located outside of Iraq and stop paying the person who benefits prove that he left Iraq, but in the following cases:
1-If Iraqis have left Iraq due legally.
2-If an Arab owed has returned to his country after the end of the guaranteed service or if he died of his successor eligible to Aiqimon was in Iraq.
3-if the receivable foreigners applied right the basis of reciprocity, or the provisions of international labor conventions, whichever is best for the worker.
Third, being the payment of benefits in all exceptional cases described in paragraph (ii) of this article in accordance with the instructions issued by the Minister upon the proposal of the Board of Directors.
Fourth: if robbed of freedom secured factor for any legal reason for his successor can be due under formal request review of the circle to get the entitlement by regulations issued by the Board of Directors and approved by the Minister.
Required for entitlement to compensation factor content rather than disruption of work Mayati:
First: that the least number of contributions in accordance with the provisions of this law for (24) twenty-four monthly contributions before the due date instead of disruption of business.
Second: to be able to work and are interested in it.
Third: to have his name in the record of unemployed in the relevant employment offices database record and Atrddalleha in a timely manner.
Fourth, make it clear that separation from service or work because of:
1. resign or leave the work.
2. as a result of being sentenced to a felony or misdemeanor involving moral turpitude.
3-dishonesty or breach of public order or provide personal or impersonated Awaorac forged certificates.
4-constant absences or lack of commitment to the fundamental instructions or disclose the secrets of work or assault Alysahb work or to his superiors in it.
5. repeat coming to the workplace drunk or under the influence of drugs.
6. arose as a result of a foul by the gross loss to the employer.
Article -69-
Fall factor right of the secured or stop the allowance to compensate for the disruption of work in the following cases:
First, he refused to join the appropriate action in light of his qualifications, experience and professional abilities and physical during a maximum period of thirty days from the date of notification to attend.
Second: to leave the Republic of Iraq.
Third: proven functioned for own account or for the account of others, or entitlement to salary or pay a monthly allowance equal to disruption of work or more than.
Article -70-
If it is proved that the content of the Service worker was paid compensation instead of disruption from work without the right to recover all amounts are disbursed to him and are Asthsalha according to government debt collection law.
Article -71-
First: distract the worker instead secured compensate for the disruption to work according to the following:
Article -75-
The compensation revenue instead of disruption from work account Edjaraa secured for a worker and his or her rights are settled from this account in accordance with the following procedures:
First: re-worker secured the accumulated balance in his account savings and consisting of Mpelgalastrakat deducted from his wage and the amount of contributions paid plus investment returns achieved for the account savings on the ongoing amounts less all amounts disbursed to him as compensation for Bdalaltattiyl for work and expenses incurred to manage this account in accordance with the principles prescribed Council Administration .
Second: If the savings account for the worker secured the balance of the amount of debt owed recovers from his pension or any other property belonging to him and be the installment of these amounts allotted pension according to the instructions issued for this purpose.
Third: to Abarv rather than compensate for the disruption of work or any part thereof secured to the worker if the balance Hsabhaledjara before entitlement to allowance or during Medina.
Article -76-
The Minister may issue instructions which describes the foundations and the criteria under which the employee is entitled to the content rather than disruption of business.
Optional security branch
Article -77-
First: Optional security aimed at the inclusion of employers or self-employed in the informal sector Ahoshraka with others or working outside of Iraq to ensure the provisions of the pension provided for in this law, and it shall issue instructions issued by the Minister.
Second, to apply for inclusion included the optional security in accordance with the model form prepared by the department for this purpose.
Third: In order for the inclusion of the person Optional warranty that the old no more than (45) years from the date of application and be medically fit to work Maadaptgarir issued by the competent medical committee approved.
Article -78-
Sources of funding for the optional security Mmaaota comprise:
First, the amount of contributions paid by the optional security covered by (7%) of the subscription amount income category selected by the subscriber from one of the categories set forth in the tables attached to this law.
Second: The State bears the proportion (9%) of the subscription amount chosen by the subscriber from one of the categories set forth in the tables attached to this law.
Third: delay penalties.
Third: Investment funding sources provided for in this article returns.
Article -79-
Subscriber services included in the private Doairathawalqtaa or have any other pension fund for the purposes of social security after the payment of the amount of contributions from the Almstvidhovq ratios set forth in this law before calculating the pension according to the instructions prepared for this purpose.
Article -80-
First: recorded its common name and information in the joint record within the informal sector and give him a special number.
Second, the common choice of the subscription amount which would have to pay contributions by the law according to the tables attached to this income category.
Third, it may move from the subscription amount income category to the next highest category in the organized sector after the passage of one year from the payment of the subscription amount.
Third, it is not permitted to bypass or omission of the remedies provided for articles (92) and (93) and the payment of insurance provided for in paragraphs (i) and (ii).
Article 95.-
Except Acialhalorteurh provisions in this chapter apply to the provisions of disputes guarantee all legal provisions for labor issues.
Sanctions
(Fraud)
Article -96-
As well as sanctions imposed by other laws that worker is deprived of all his rights under this law if it is proved by a court judgment unearned become final that he had submitted to the Department deliberately certificates or data forged Auma'lomat or false facts for the purpose of Alhsolaly include a requirement for Esthakh or on demand over Maysthakh or intent to mislead the circle all rights owed to others in any way.
Article 97.-
If the oldest employer to give or use certificates Obianat or false information or contain false facts, a scientist rigging or false shall be punished with utmost punishment prescribed in the Penal Code for such crimes as well as the obligation to give Ptaweida to circle five times Maspbh her from harm and a fine equivalent to five times the compensation .
(Plagiarism)
Article 98.-
Second, apply the pension from the date of maturity if the application is made on it during the two years of maturity period but does not consider it worth the salary of providing Alma date of application was limited due Oovakedaglah If the Board finds that there are unforeseen circumstances or force majeure prevented the worker or his successor, submit an application to obtain Asthakagueth on pensions.
Security Bank
Article -108-
Chamber under the provisions of this law, the establishment of the Bank of Social Security is called (Escrow Bank) in accordance with the guidelines and conditions of the Iraqi Central Bank.
Article-109
It repealed the law of retirement and social security for workers No. 39 of 1971, as amended, and void any provision inconsistent with the provisions of this law and keep the regulations and instructions issued thereunder, including window and this law does not Ataaradwagam pending Maihl replaced or repealed.
Article 110.-
The Minister shall issue necessary instructions to facilitate the implementation of this law.
Article -111-
This law shall be published in the Official Gazette and implemented after three months from the date of publication and competent Ministers shall implement its provisions.
Mohammed Mohammed Fuad Masum
President of the Republic of Iraq
Reasons
For the legislation of social security for workers, the law is characterized by inclusion wider for workers in the three sectors (private, mixed and cooperative) and each person covered by labor law who spend years of age to work without any real guarantee ensures a decent life for themselves and their families and an affirmation of the principles enshrined in the Constitution, and in response to developments in the current stage and the face of social crises and in line with the invitation of the International Labour Organization to expand the base of social protection, and the inclusion of broader categories of segments of Iraqi society to social security for workers this law was enacted.
Categories subscribe to branch Optional Security Income
T Monthly subscription Iraqi dinar income category Subscribe proportion (16%) of the income group in Iraqi dinars
1 250000 40000
2 300000 48000
3 320000 51200
4 340000 54400
5 360000 57600
6 380000 60 800
7 400000 64000
8 420000 67200
9 440000 70 400
10 460000 73 600
11 480000 76 800
12 510000 81600
13 540000 86400
14 570000 91200
15 600000 96000
16 630000 100 800
17 660 000 105 600
18 690 000 110 400
19 720000 115200
20 750000 120000
21 780 000 124 800
22 820,000 131 200
23 860000 137 600
24 900000 144000
25 960000 153 600
26 1000000 160000
27 1060000 169 600
28 1120000 179 200
29 1180000 188800
30 1240000 198 400
31 1300000 208000
32 1350000 216 000
33 1400000 224000
T Monthly subscription Iraqi dinar income category Subscribe proportion (16%) of the income group in Iraqi dinars
34 1450000 232,000
35 1500000 240000
36 1550000 248000
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