Sources of regulation
Act No. 71 promulgating the Labour Code of 27 July 1987
(LC) is the primary source of labour legislation in Iraq.
Scope of legislation
The provisions of the LC apply to all workers employed
in the private, mixed and cooperative sectors, and to undertakings and
other workplaces which employ one or more workers. Sec. 8 of the
LC defines the terms “worker” and “employer”.
Contracts of employment
A contract of employment is an agreement concluded by a
worker and an employer under which the worker undertakes to perform specified
work for the employer, subject to the employer’s direction and supervision,
in return for the employer’s payment of an agreed wage (sec. 29,
LC).
A contract of employment shall be drawn up in written form
and shall stipulate the type of work to be performed and the amount of
wages to be paid (sec. 30, LC).
As long as the contract of employment so specifies, a worker
may be subject to a probation period of a maximum of three months (sec.
31, LC). The time period should be included in a written contract
of employment.
The contract of employment may be of specified or indeterminate
duration. A contract involving work which is temporary or seasonal in nature
is a fixed-term contract (sec. 32(2), LC). For activities which
are permanent in nature, no time limit may be fixed for the contract, unless
the requirements of the task imply calling upon additional workers for
a fixed period, for the performance of specific work (sec. 32(1),
LC).
Termination of employment
A contract of employment may be terminated, other than
at the initiative of the employer, in the following instances (sec.
36(1) and (2), LC):
- by
mutual agreement of the parties, as stated in writing; and
- on
the expiry of a fixed-term contract.
A contract of employment shall not be terminated upon the
death of the employer unless the provision of care or personal services
for the employer was the main purpose of the contract (sec. 38, LC).
Dismissal
Dismissal may be carried out only in cases when the worker
(sec. 127, LC):
- is
guilty of serious misconduct leading to material damage (in such a case,
the employer must have notified the labour office in the governorate
within 24 hours of the occurrence of the incident);
- has
disclosed a professional secret and such disclosure has prejudiced the
employer;
- has
failed on more than one occasion to follow instructions regarding occupational
safety, provided these instructions have been drawn up in writing and
have been prominently posted or on condition that an illiterate worker
has been
orally notified of them;
- has
on more than one occasion been at the workplace in a state of obvious
drunkenness or under the influence of drugs;
- has
on more than one occasion engaged in conduct which is incompatible with
respect for work;
- has
inflicted physical harm on the employer, or on the employer’s representative
or supervisors, whether or not the act was committed at the workplace,
provided the employer has advised the labour office in the governorate
of the incident within 24 hours of its occurrence;
- commits
a misdemeanour or a crime at work involving one of his or her co-workers
and has been found guilty by a court in a final judgement;
- has
been sentenced by the final judgement of a court to imprisonment for
a period of more than one year; or
- has
been absent from work without justification for ten consecutive days,
or for 20 non-consecutive days in a given year, provided the employer has,
in the first case, posted a warning at the workplace during the first
five
days of the absence and sent the competent trade union organization a
copy on the same day and, in the second case, given written notice to the
worker
at the workplace once he or she has been absent for 15 non-consecutive
days during the work year.
Notice and prior procedural safeguards
A worker may be penalized only after he or she has been
heard in the presence of a representative of the competent trade union
organization (sec. 128(2), LC). A decision to impose a penalty shall
be set forth in writing and the worker shall be notified thereof.
Avenues for redress
The worker may appeal the decision to the competent labour
tribunal within 15 days of having received the notification; a decision
of dismissal may be taken to the court of appeal (sec. 129(1), LC).
When the penalty of dismissal has been imposed and the tribunal has decided
to revoke it or to replace it by another penalty, the worker shall be reinstated
to his or her job. The employer shall be required to pay the worker’s entire
wages for the period of suspension from work and to make the contributions
for that period to the Workers’ Social Security Service (sec. 129(2),
LC).
Further information
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