This enabled the parliament to publish the law in issue 2 of the official gazette waiqiy kurdistan on 11 august 2011. Findings on the worst forms of child labor lebanon u. Salim al jebury, president of iraqi parliament respectable parliament members subject. Law on establishing money laundering office in central bank. Iraq does have a written constitution, as well as a civil, criminal and personal status law. Legal guide to doing business in iraq vii foreword to the 5th edition iraq is a country with a rich history. In the name of the people the presidency council according to what has been approved by the council of representatives and ratified by the president of the republic, and in accordance with articles 611, and 733 of the constitution, the following law has been promulgated. We hereby publish the arabic version of the law and will be providing an english translation shortly, we will also be providing a brief comparison. For registering a second party, the fee is much bigger, of 7. Labor law and practice in iraq microform, 1990 worldcat. Reinserting labor into the iraqi ministry of labor and social. This law shall be called the labor law for the year 1996 and shall come into effect sixty days after the date of its publication in the official gazette article2. Passage of the new iraq labor law also is significant because it reflects the strength and unity of iraqi labor unions in the face of. The saddam hussein trial blog overview of commercial law.
Kurdistan region finalizes draft of new labor law iraqi news. The new labor law, which has been amended by the shoura council recently, offers a range of incentives to both saudi and foreign workers in the private sector. The new law abrogated the outdated 1987 law and came into. Iraq and implement the provisions of arab and international labor agreements duly ratified. The iraqi parliament passed a new labor law on monday, marking a victory for workers and civil society who have long fought for a legal framework that would protect the interests of workers. The new law, number 372015 the new labour law replaces the old labour law, number 71 of 1987.
The republic of iraqs legal system is in a period of transition in light of the 2003 invasion that led to the fall of the baath party. Nov 23, 2015 iraq has enacted the new labor law no. It aims, as described by the iraqi parliament, to address the old laws shortcomings and align iraqs labour regulations with international labour principles ratified by iraq. The new labour law took a long time to be issued as the draft of the law went through many amendments and was under discussion from 2005 to 2010 with international, local and governmental entities. Since the constitution 2005 provided for decentralizing powers and functions for the governorates, the government of iraq has enacted several legal, policy, and institutional reform initiatives, the intent of which is to shift political and administrative. Definitions article 1 this law shall be called the labor law.
Support government efforts to ensure equitable access to decent work through skills training to formal and informal sector workers. Despite the rejection of the provinces of anbar, salah aldin, and nineveh, the overall turnout was 63 percent, with more than 90 percent voting for its. One consistent reluctance many international corporations have expressed is the desire not to be subject to the general laws in force regulating domestic employment. The iraqi parliament has passed on 17 august 2015 the new labour law of the year 2015 that is currently going through the presidency issuance stating to be in force 90 days after its publishing in the official gazette. Court dealing with labour case disputing sanctions imposed by employer may reinstate dismissed employee and may ruling to compensate the same because of any sanction imposed by his employer when find it illegal according to labour code and taking on considerations iraqi civil law no. The new law will come into effect 90 days from the date of its publication in the official gazette of iraq.
The issuance of the new labour law was necessary, due to the significant changes that occurred over the last thirty years and the transformation of the iraqi economy from socialism to an open economy, especially with the entrance of working expats to iraq. Twentyeight years after the enactment of the labour law 711987, parliament voted on the new labour law 372015. The current constitution of iraq was approved in a national referendum in october 2005 and stipulates the format of the new republican government, and the rights, and responsibilities of the iraqi people. Aljanabi1 disclaimer the information in this guide has been carefully researched and compiled. An exception applies where an investment license is required for a project in which case, according to the investment law, at least 50% of the employees in the workforce of the project must be iraqi nationals. Labor code the purpose of this code is to involve labor in the process of building the national economy so as to achieve prosperity and improve living conditions. Law on anti smuggling of oil and its derivatives no. The final text of the new labour law has not been made available to the public yet. Translation baghdad august th, 2015 his excellency mr. However, efforts to dismantle civil precedence in iraqi family law continue. Child labor is considered an issue that violates childrens rights in many countries and iraq is no exception. Support iraqi labor rights communications workers of america. Workers win new labor law in iraq solidarity center.
In 2004, iraq had 1,300,000 children between the ages of eight and sixteen years engaged in work, 2004. Ibiz owners, attorneys discuss iraqi labor law article. The above mentioned law stipulates that in order to register a political party, also known as a political entity, it is needed to pay a fee of 2,5 million iraqi dinars. In the name of the people the presidency council according to. Labor code an employer may engage an iraqi citizen subject to the requirement of notifying the employment office within 10 days of the date of recruitment. General definitions and principles, employment agreement, working conditions, holidays and vacations, safety and labour hygiene, labour inspection, apprenticeship and employment, workers and employers organizations, welfare services to workers, dispute settlement forums, high. Iraqi laws in english personal status water irrigation and.
One consistent reluctance many international corporations have expressed is the desire not to be subject to the general laws in force regulating domestic employment relationships. In the name of the people the presidency council no. Labor law enforcement suffers from an insufficient number of labor inspectors and a lack of funding for inspections, authority to assess penalties, and labor inspector training. Iraqi labor law does not impose an obligation on employers to employ a certain percentage of iraqi nationals. Iraqi legal gazettes from 1970 to 1989 iraqi laws in english from 1982 to 2001 coalition provisional authority cpa memos, regulations, and orders since 2001 lexisnexis supplied the technology and labor to create the database at no charge and is currently providing access to the database at no charge. International constitutional law icl universitat bern institut fur offentliches recht iraqi legislation constitution, statues and regulations in english on global justice project, university of utah iraqi penal code of 1969 full text in english. However, it is by no means a fully comprehensive account of the laws of iraq. Iraq decentralization and subnational service delivery in iraq. Numerous and frequentlyupdated resource results are available from this search. Child labor has increased, and conditions that affect lebanese and syrian children have worsened since the influx of syrian refugees into lebanon starting in 2011. This is an english translation of the original arabic. Labor law iraqi labor law does not impose an obligation on employers to employ a certain percentage of iraqi nationals. Considering the fundamental differences between the governance system and business environment surrounding the promulgation of both laws, they naturally differ on several points. Each of the following terms and expressions, whenever mentioned in this law, shall have.
Reliable information about the coronavirus covid19 is available from the world health organization current situation, international travel. Eit requires not run any employee more than 40 hours extra work for 90 days and 120 hours extra work for 1 year and the minister determine. This version of penal code was amended on 14 march 2010. Reinserting labor into the iraqi ministry of labor and. Donovan1 as the security situation in iraq has eased, the amount of interest in international direct investment has greatly increased. The new labour law differentiates jobs depending on the circumstances and duties that the employees are conducting, bearing in mind that the new labour law includes. Employment contracts in iraq, under article 10 of law no. This guide to law online iraq contains a selection of iraqi legal, juridical, and governmental sources accessible through the internet. Iraq laws arab laws online english translation of laws. Aug 21, 2015 the iraqi parliament has passed on 17 august 2015 the new labour law of the year 2015 that is currently going through the presidency issuance stating to be in force 90 days after its publishing in the official gazette. The iraqi parliament has issued the new iraqi labour law no, 37 of 2015 new labour law, which entered into force on 7 february 2016. Iraq decentralization and subnational service delivery in. Thus the law 8 of 2011 was passed by the kurdistan parliament on 21 june 2011.
Termination of contract under article 74 of saudi labor law. Article 2 the following terms and phrases, whenever mentioned in this law, shall have the meanings expressed next to them, unless the context requires otherwise. It is endowed with a wealth of natural resources and a human aptitude for development and progress. Drl request for statements of interest for programs in. It confers no rights and imposes no obligations separate from those conferred or imposed by the original arabic legislation formally adopted and published. This study identifies the major causes of child labor in iraq and investigates the consequences of this issue. Labor code an employer may engage an arab worker subject to the requirement of notifying the employment office within 10 days of the date of recruitment. Legal history and traditions law library of congress. It has brought criminal charges against oil worker union leaders for allegedly undermining the economy of iraq and conspiring to organize for labor rights in retaliation against the union leaders opposition to the privatization of iraqi oil and other. Therefore, after several years of debate, a new more clear law came into force on 28 may 1997, providing that the child. The iraqi parliament has recently issued a new iraqi labor law, which determines the rights of employees and workers in the region.
Regarding on passing a new iraqi labor law iraqi labor federations send you their best regards, and greatly appreciate your role in presenting the labor law for voting, on the agenda of. Programming should include knowledge training for workers regarding key iraqi legal frameworks like adherence to the labor law, social security law, and other statutes governing worker rights and obligations. Understanding these differences is essential for the organisation of companies relationships with. Article 2 1 the provisions of this law apply to all iraqis except for those who are exempted by virtue of a special law.
In federal iraq defined as the governorates not associated with the kurdistan regional government, all employment relationships in iraq are governed by the iraqi labor law, no. There is no child labor policy in the iraqi kurdistan region, and research could not find information on the implementation of the existing policy in iraq. The labour law pdf 38p this note describes the following details related labour law. A legal overview of the labor code of federal iraq thomas w. Law legal advice in relation to rights under the iraqi legal system for the coronavirus exceptionalism.
Labor law of iraq document, english womens learning. The parameters of the iraqi government under the mandate were eventually outlined in a 1925 organic law, together with an anglo iraqi protectorate treaty concluded in october 1922 that confirmed that for the next 20 years, iraq would follow british advice in matters related to british interests. An exception applies where an investment license is. Iraqi law is the only enforceable governing law for employment contracts in iraq despite of what the governing law clause states in the employment contracts. Iraqi labor laws do not recognize the status of independent contractors and treats them. The new law abrogated the outdated 1987 law and came into force 90 days after its publication. According to the iraqi officials, the new labour law meets several core conventions of ilo international labor organization and is a step towards improving the fundamental rights of iraqi workers. Children in lebanon engage in the worst forms of child labor, including in construction and forced labor in agriculture. Iraqi labor rights american federation of teachers. Oman labour law oman labour law disclaimer this english language text is not an official translation and is provided for information purposes only. Attached is the coalition provisional authority order no.
Regarding on passing a new iraqi labor law iraqi labor federations send you their best regards, and greatly appreciate your role in. Law 372015 the iraqi labour law governs employment. Jan 29, 2020 hungarian legislation follows both european legislation and international trends in the field of labour law while showing characteristics inherent in national regulation. Article 5 the law guarantees the workers right to his labor benefits and the duration of practice of the profession, and the secured workers service is calculated as an effective service to determine the salary and retirement, for the iraqi worker upon his recruitment in a job in the. What follows is an historic document, a joint statement drafted by the leaders of three of iraqis main labor organizations and leaders of us labor against the war. The conference included two local iraqi attorneys who spoke on the specifics of the iraqi labor law, addressing such issues as minimum wage, sick leave and written contract requirements. Arab workers employed in iraq shall be treated on an equal footing with iraqi workers in regard to the rights and duties set forth in this code. Legal guide to doing business in iraq 6th edition by dr. Government employment congressional committees since the february 2006 bombing of the alaskari mosque in samara that triggered the displacement of thousands of iraqis, the united. Employment relations in hungary are governed by the act i of 2012 on labour code and other labour law legislation, collective bargaining agreements and individual employment. The consensus version of the law was hammered out by representatives of workers and civil society with government.
The president of the region did not sign the law within the legal timeline. Links provide access to primary documents, legal commentary, and general government information about specific jurisdictions and topics. The iraqi government has recently stepped up its attacks on iraqi unions. For further information, please dont hesitate to get in touch with mr. However, the law was believed to still support corporal punishment as there was a controversy whether the law permitted parents to punish their children physically or otherwise. The purpose of this law is to involve labor in the process of building the national economy to achieve prosperity and improve living conditions. Labour law and employment in hungary 2020 guide accace. This is an english translation of the original arabic summary of the draft iraqi labour law presented by senior deputy noori muhsin alhilfi, of the. Iraq iraqi refugees and special immigrant visa holders face challenges resettling in the united states and highlights of gao10274, a report to obtaining u. The iraqi law is very broad and defines an employee as any person who performs work in exchange for wages, and who, in performing. Oclcs webjunction has pulled together information and resources to assist library staff as they consider how to handle. In iraq, different labour laws apply depending on where a company is located. Apr 22, 2020 5the emigrants certificate the document which is granted by the directorate of residence to the emigrant for the purpose of his enjoyment with the rights stipulated in this law. Widespread changes to iraqi labour law taylor vinters.
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