Remarks: The New Labour Code has not been issued yet. "A Brief explanation of the new Labour Law" of 2010 is available, but it is only a draft of the Law which are currently under discussion in the Iraq's Parliament. Therefore the information provided is based in the previous Labour Code of 1987.
Name of Act
Act No. 71 of 1987 promulgating the Labour Code, as amended with the Law No. 17 of 2000 from the Revolutionary Council introducing the second amendment and up to the Coalition Provisional Authority Order No.89.
Worker means any person who performs work in return for wages, in the service of an employer and under the employers authority and supervision.
Labour Code §8
Employer means any individual or legal entity who employs one or more workers in return for wages.
Labour Code §8
The term "wages" means any amount, however calculated, which an employer engaging a worker owes to him in return for work performed.
Labour Code §41
Minimum wage is the lowest rate of wages that the employer and the worker may agree and that shall not be lower than the wage for an unskilled worker.
Labour Code §47
MINIMUM WAGE FIXING
Procedure in general
A committee responsible for proposing, at regular intervals, the minimum wage for an unskilled worker shall be established by an Order of the Minister of Labor and Social Affairs; the committee members shall be: (a) the Director-General of the Labor Service, who shall chair the Committee; (b) the Director-General of the Employees Social Security Scheme, member; (c) a representative of the Confederation of Trade Unions, member; (d) a representative of the Confederation of Iraqi Chambers of Commerce and Industry, member; (e) a representative of the National Prices Office, member; (f) two members chosen by the Minister of Labor and Social Affairs on the basis of their experience in and knowledge of various aspects of wage planning. The Minister of Labor and Social Affairs shall submit the Committees proposals to the Council of Ministers for decision in this connection.
Labour Code §46
Needs of workers and their families
Every worker shall earn a wage adequate to meet his essential needs and those of the workers family.
Labour Code §4
Cost of living
When determining the wages it shall be taken into account that the worker can retain a portion of his wages sufficient to enable him and his family to enjoy an acceptable standard of living.
Labour Code §4(3)
Level of wages and incomes in the country
When determining the wages it shall be taken into account the principle of equality of remuneration for the same type and the same quantity of work performed under identical circumstances.
Labour Code §4(2)
Workers shall earn a wage in accordance to the results of economic progress.
Labour Code §4
When determining the wages it shall be taken into account the type and amount of work performed by the worker, so that wages shall be linked to production.
Labour Code §4(1)
The provisions of this Code apply to all workers employed in the private, mixed and co-operative sectors.
Labour Code §8(1)
Minimum wage level(s) in national currency
The national minimum wage for a skilled worker was less than 12,000 dinars (approximately $10), per day and for an unskilled worker less than 5,250 dinars ($4.50) per day.
Iraqs Human Rights Report 2010 of the U.S. Department of State
Wages shall be paid in Iraqi currency. Payment of wages in other currencies shall not release the employer from his or her obligations to the worker.
Bonuses and extra compensation shall count as wage supplements in the following cases: (1) when they are provided for by law, work rules, or the contract of employment; (2) when they have been granted over at least 3 years in a row and appear to be regular and general in application.
The percentage of sales or profits provided for in a contract of employment shall be deemed to be a wage supplement.
Labour Code §42(2),§43,§44
Rate of payment
A workers wages shall be paid once a month on a working day, at the workplace or in a nearby pay office.
Labour Code §42(1)
Wages may be fixed on a piece-rate basis or in accordance with any other system for determining the amount of the wage in relation to the workers production, as long as the wage rate does not fall below that of the minimum wage for an unskilled worker.
Labour Code §45
Scheduled frequency of adjustment
The minimum wage for unskilled workers shall be adjusted at regular intervals.
Labour Code §46(1)
Enterprises and other workplaces covered by the provisions of this Act shall be subject to labour inspection. The labour inspectorate shall have the following powers: (a) to verify the implementation of the present Act, the law on pensions and social security for workers and instructions and decisions issued pursuant to their provisions; to verify the observance of the terms of individual contracts of employment and to conduct inspections of any matters involving labour relations or the protection of workers. (b) to provide information and technical advice to the parties to an employment relationship regarding the most effective means of observing the legal provisions.
Labour Code §114
Fines in national currency for non-respect of legislation
Any person or entity violating the provisions of this chapter, relative to wages, shall be guilty of an offense and on conviction shall be subject to a fine in anamount between six (6) times the daily minimum wage and six (6) times the monthly minimum wage per violation. If the violation concerns paying a wage that is lower than the minimum wage for an unskilled worker, the party shall be subject, in addition to paying the fine imposed, to pay the worker compensation in an amount that is two (2) times the difference between the wage paid and the minimum wage.
Labour Code §53
Any person who impedes the labor inspector or the inspection committee in entering the work premises for purposes of inspection or who interferes in any way with the fulfillment of the committee¿s activities shall be liable to a fine of from twelve (12) times the daily to twelve (12) times the monthly minimum wage, or to imprisonment ranging from one (1) month to six (6) months.
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