Employer Rights in Iraqi Labor Law

Iraqi Labor Law No. 37 of 2015 serves as the legislative framework that governs the relationship between employers and workers, outlining the rights of employers within Iraqi labor law as well as the rights of workers.

This law is not limited to commercial, industrial, and service activities but extends to all economic sectors, excluding specific categories such as civil service employees and members of the armed forces and police, who are subject to specific laws and regulations.

The law aims to achieve sustainable development and enhance social justice by establishing the foundations for a fair and equitable work environment, ensuring basic workers' rights, and protecting the legitimate interests of employers.

The importance of labor law plays a pivotal role in driving development in Iraq, providing a legal framework that protects the rights of employers within Iraqi labor law and workers alike, while enhancing the investment climate in the country. Among the fundamental aspects covered by the law is the prohibition of child labor and the prevention of forced labor.

This law aims to balance the interests of employers and workers while promoting social and economic stability in the country. By regulating the work environment, the law contributes to attracting investments, stimulating economic growth, and creating new job opportunities. It also contributes to improving working conditions, raising living standards, and promoting human rights.

This article from Osama Tuma for Legal Services and Advisory will help you understand the rights of employers in Iraq and their obligations in detail.

Major Employer Rights in Iraqi Labor Law

There are many rights granted to employers under Iraqi Labor Law, which constitutes a set of rights that ensures their ability to manage and organize their business efficiently and effectively. Among the most prominent of these rights are:

Right to Manage and Organize: Employers have the absolute right to manage their projects and various activities within Iraq, provided these activities comply with applicable laws.
Right to Assign and Distribute Tasks: Employers have the right to assign and distribute tasks for their workforce according to their vision and the work strategy of the institution.
Right to Supervise and Evaluate: This right is considered one of the most important rights of employers in Iraq, as they have the right to fully supervise the performance of their workforce and assess their competence.
Right to Issue Internal Rules and Regulations: Employers can issue decisions and regulations that organize work within the institution, provided that they do not conflict with Iraqi labor law.
Right to Accountability and Responsibility: One of the rights of employers in Iraq is their right to account for workers who fail to fulfil their duties, according to the legal procedures stipulated in the law and the general regulations of the company.

Employer rights under Iraqi Labor Law aim to empower employers to create an organized work environment that helps achieve institutional goals and enhance productive efficiency.

Major Employer Obligations in Iraqi Labor Law

In addition to the rights of employers in Iraqi Labor Law, there are a set of obligations they must fulfill, as these duties play a vital role in enhancing the work environment and regulating labor relations in accordance with Iraqi Labor Law.

Institutions and employers are obliged to implement these duties to ensure workers' rights and welfare, which contributes to achieving development and social justice. In addition to rights, employers bear several obligations aimed at ensuring workers' rights and creating a safe and fair work environment. Among the most important of these obligations are:

Paying Wages on Time: Employers must pay wages and salaries to their workers at the specified times in accordance with signed contracts and legal provisions.
Providing a Suitable Work Environment: Employers must provide a healthy and safe workplace and equip workers with the tools and resources that help them perform their tasks efficiently.
Respecting Labor Laws and Signed Contracts: Employers are obliged to comply with Iraqi labor laws and respect signed contracts with their workers.
Complying with Occupational Health and Safety Regulations: Employers must follow health and safety regulations to protect workers from potential risks in the workplace.
Returning Work Tools and Equipment upon Contract Completion: Employers must formally return all work tools to the worker upon the expiry of the contract period.
Developing Workers and Enhancing Their Technical Skills: Developing workers' skills and enhancing their competencies is part of the employer's obligations.
Educating Workers about Workplace Risks: Employers should educate workers about workplace risks and how to prevent them to maintain their safety and health.
Providing a Work Certificate upon Service Completion: Employers must provide a certificate indicating the duration of employment with the company upon the end of the worker's service.
Providing Allowances for Workers in Remote Areas and Ensuring Equality in Rights: Employers must provide additional allowances for workers working in remote areas and ensure equality in the rights of all workers.
Providing Opportunities for Complaints and Appeals: Employers should provide a suitable mechanism for workers to submit complaints and appeals and address them fairly and transparently.

These obligations contribute to enhancing the relationship between employers and workers, resulting in a stable and productive work environment that achieves mutual benefits for both parties.

Key Essential Data in Employment Contracts in Iraq

An employment contract is an important legal document that regulates the relationship between the employer and the worker and guarantees the rights of the employer in Iraq. The contract must include several essential data to ensure the rights of both parties and avoid future disputes. This data highlights the nature of the work and the agreed-upon terms. Below are the most important data that should be included in the employment contract according to Iraqi Labor Law:

Complete Information of the Employer: Name, address, type of business activity.
Employer Data: The contract should include complete information about the employer, such as full name, detailed address, and type of project or activity the worker will be engaged in.
Worker Data: The contract must contain details about the worker’s personal information, including full name, residence address, academic or professional qualifications, date of birth, and the position they will occupy.
Start Date of Employment and Working Hours: Specifying the start date and the number of daily or weekly working hours.
Nature of Work, Salary, and Bonuses: Specifying the nature of the work the worker will perform, the agreed salary, and any additional bonuses or incentives.
Termination Conditions: Conditions for termination of service should be specified, including the required notice and any due compensation.
Holidays: The contract should specify the number of annual leave days and sick leave that the worker is entitled to.
Code of Conduct: The contract may include a code of conduct that the worker must adhere to, such as dress codes or internet usage rules.
Applicable Law: The law to be applied in case of a dispute between the parties should be specified.
Date of Signing: The contract should specify the date of signing by both parties.
Salary and Benefits: The basic salary of the worker should be clearly stated, along with any other benefits such as allowances or bonuses the worker will receive.

The contract must be legally documented by preparing three copies: one for the employer, one for the worker, and one for the government authority responsible for regulating labor. This documentation ensures the rights of all parties involved, including the rights of the employer under Iraqi Labor Law, and prevents any future disputes.

These data points are crucial to ensuring clarity of understanding and commitment between the employer and the worker, leading to a healthy and productive work environment. Employers must ensure that all this information is included in the contract to ensure compliance with labor laws and protect the rights of all parties concerned, including the rights of the employer in Iraq.

If you are facing legal issues in Iraq, it's crucial to take action promptly. Consulting with an Iraqi lawyer can provide you with the expertise and guidance necessary to navigate the complexities of the legal system. An experienced Iraqi lawyer can help you understand your rights, develop a strategic plan, and represent your interests effectively in court. Don’t underestimate the importance of having a knowledgeable legal partner by your side to ensure the protection of your rights and achieve the best possible outcome.