Work law (Labor Law)
08/15/2015
During the session it has been voted No. (13) Saturday 15 August 2015 (104) out of material (157) material
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
Work law
Chapter One
Definitions
Article 1 is intended terms and phrases for the following purposes of this Act the meanings indicated opposite thereto:
First Ministry: Ministry of Labor and Social Affairs
Second Minister: Minister of Labor and Social Affairs
Thirdly. Department: Employment Service and loans
Fourthly the competent authority: any party responsible for the application of the provisions of this law
Fifthly. Work: all human intellectual effort or his physical factor for a fee, either permanently or casual or temporary or part-time or seasonal
08/15/2015
During the session it has been voted No. (13) Saturday 15 August 2015 (104) out of material (157) material
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
Work law
Chapter One
Definitions
Article 1 is intended terms and phrases for the following purposes of this Act the meanings indicated opposite thereto:
First Ministry: Ministry of Labor and Social Affairs
Second Minister: Minister of Labor and Social Affairs
Thirdly. Department: Employment Service and loans
Fourthly the competent authority: any party responsible for the application of the provisions of this law
Fifthly. Work: all human intellectual effort or his physical factor for a fee, either permanently or casual or temporary or part-time or seasonal
Chapter III Basic principles
Article 4 Work is a right for every citizen capable of performing it, and the State shall endeavor to be supplied on the basis of equal opportunity, without any kind of discrimination.
Article -5- inviolable freedom of action may be restricted or denial of the right to work and the state has adopted to promote full and productive employment policy and respects the fundamental principles and rights, whether it was in the law or the application, which include:
First. Freedom of association and the effective recognition of the right to collective bargaining.
Second. The elimination of all forms of forced or compulsory labor.
Thirdly. The effective abolition of child labor.
IV. The elimination of discrimination in employment and occupation.
Fifthly. Law guarantees the worker's right to labor and services for the practice of the profession and the worker's service is calculated secured active service for purposes of determining the salary and retirement, the Iraqi factor when job recruitment in government departments and the public sector.
Material - 6. The minimum age for employment in the Republic of Iraq is (15) years.
Article 7 I. - This law prohibits any violation or to the principle of equal opportunities and equal treatment exceeded whatever reason and in particular to distinguish between the workers, whether it was direct discrimination or indirect, in all matters relating to vocational training or operating or work or conditions and circumstances.
Secondly - this is prohibited by law under the worker on condition of joining the union or give up its membership in it.
III not be considered discriminatory any distinction, exclusion or preference in connection with a specific job if was based on the basis of the qualifications required by the nature of this work.
Article - 8 - I. This law prohibits forced or compulsory labor in all its forms, including:
A. labor or debt slavery.
(B) work unencumbered by the limitations of people.
C - the trade secret in persons and migrant workers, which is by nature the work is optional.
(D) domestic work, which includes compelling factors.
Second it is not considered compulsory work algebraically or have been as follows:
1. any work or service exacted from any person based on the conviction of a court of law, provided that carried out these acts or services under the supervision and control of public authorities, and that this person is not rented to individuals, companies or associations or be the subject at their disposal.
2. completion of any work or service which is part of the normal civic duties in accordance with the provisions of this law.
3. any work or service which is raped in emergency situations and in general any circumstance threatening the survival or well-being of the whole population or some of them.
Article - 9. This law prohibits sexual harassment in employment and occupation, whether it was at the level of job search or vocational training, operation, or the terms and conditions of employment.
Secondly - this law prohibits any other behavior creates a hostile or intimidating work or demeaning environment for those who brought him this behavior.
III intended sexual harassment in accordance with the provisions of this law, any physical or verbal conduct of a sexual nature or other conduct based on sex and affects the dignity of women and men and be undesirable and unreasonable and insulting to those who receive. Lead and rejection of any person or not subject to this behavior, explicitly or implicitly, to make a decision affecting his job.
-10- Article I. worker the right to resort to the Labour Court to file a complaint when exposed to any form of forced labor, discrimination or harassment in employment and occupation.
Secondly - is punishable by imprisonment for a period not exceeding six months and a fine not exceeding one million dinars or either Whoever violates the provisions of the articles contained in this chapter relating to child labor, discrimination, forced labor and sexual harassment according to each case.
Material - 11. If you work the main owner of the era to another employer to perform the work of his works or part of the subcontractors and that was in one working conditions, they must be on from the era of the work that is equal between the workers and the workers the main employer in all rights, and have both of them in solidarity with the other.
Material - 12. In order to determine whether any person using by someone else, on the court, to determine the nature of the relationship between the parties guided by the facts relating to the performance of work and remuneration paid to the worker, in spite of how to describe the relationship in any contrary arrangement, contractual or non-contractual , it may be agreed between the parties.
Article -13- First represent the rights contained in the provisions of this law, the minimum workers' rights and do not affect those provisions on any of the rights granted to workers under any other law, or a labor contract, agreement or decision if any of them arrange for a worker rights better than rights prescribed to him under the provisions of this law
Second is void every clause in a contract or agreement whereby the worker waives any right of the assessed his rights under the provisions of this law
Thirdly. When there is no provision in the law so they can be the application of the provisions of the Arab and international labor conventions ratified by the relevant law.
Article -14 Arabic is the language adopted in all labor relations and contracts and records, documents, and based Kurdish language alongside Arabic language in Kurdistan, and can not be invoked in the face factor in any foreign language document editor, even if authenticated signature
Chapter IV
Employment and Vocational Training
First branch
Operating
Article-15 first - formed by a decision of the cabinet committee called the Supreme Committee for the planning and operation of the labor force, headed by the minister and the membership of representatives from each of the relevant ministries and workers' organizations and organizations most representative of employers, shall draw up the general policy of the run and vocational training.
Second determines the composition of the Commission decision and functioning of its members and the number of instructions issued by the Minister.
Article -16- ministry run sections General distributed properly established so that makes it easier for employers and workers to contact them and offer such services free of charge sections ministry and determine system operations and powers instructions issued by the Minister.
Article -17- The operating office in Mayati circuit:
First run provide services workers and job seekers and employers for free, according to the opportunities available
Second, cooperation with the public and private sectors, mixed and cooperative on the organization of the labor market to achieve full employment, preservation and development of human resources
III help workers to find work commensurate with their skills and professional abilities and mental and physical help employers to find suitable workers for the work entrusted to them.
Fourthly registration researchers work, and the statement of professional qualifications, and experience and desires, interview them and assess their physical abilities and professional, and help them to get professional guidance and counseling or retraining 0
Fifthly get accurate information from the employer for vacancies Tell office, and requirements to be met in the most wanted workers.
VI nomination of Iraqi job seekers who meet the professional skills and mental and physical capabilities of the work available to them and other non-Iraqi workers if they meet the qualifications that meet the specifications of the work required, taking into account the provisions of articles (24) and (25) of this law.
Seventh granting student work and a document called (operating card) to prove their personal data and its own type of work request
Eighth refer job applicants and vacancies of office running to another, if you can not find a suitable job for student work or if you can not adequately fill the vacant office of the original or if other circumstances this procedure required the consent of the student work 0
IX Prepare periodic data in cooperation with relevant departments and trade unions organizations and provide information available about the expected developments of the labor market situation, at the State level, or industries or professions or different regions to provide this information and collected regularly, analysis and accuracy of the public sector and workers' organizations and employers concerned
X. take appropriate measures to facilitate the following:
A transmission of the national workforce in various types of professions
B transmission of the national workforce to areas where no suitable job opportunities
C Jump interim national workforce from one area to another, for the provision of labor supply and demand
D workforce move from one country to another and who is authorized by governments on the basis of the principle of reciprocity
Article. 18. I. The Ministry to form a tripartite committee called the tripartite consultation committee composed of representatives from the ministry and relevant ministries and representatives of the workers and the most representative organizations of employers' organizations.
Second: the ministry responsible for administrative support to the Tripartite Consultation procedures as appropriate arrangements with the representative organizations conducting Commission to fund any training necessary for the members of this Committee.
Article 19, the employer shall comply with the following:
First inform the office operating in his area for the existing vacancies has within a period of not more than ten (10) days from the occurrence of the vacancy, and on the operating office to inform job seekers so, according to the following procedures:
A employer submit an application to the Office operating in his area which shows the type of work that requires Almtaloboualmoasfat availability in student work
B meets the demand operating office in the case of the availability of the required factor of between registered in its records, if not available, the Bureau shall contact other offices in order to satisfy demand
C Report employer copywriters nomination or apologize to meet demand during the (15) fifteen days from the date of receiving the request of the employer and registered in the relevant section
Second, the employer run directly apology workers at employment offices
Article 0.20. Work is a right to a student who nominated his work rejected if there are objective reasons prevent the acceptance of the work or not to work fit with his career and the degree of skill, and otherwise forfeited in the sequence it has to file a new application and gives a new sequence so.
Material. 21. First - The Ministry shall issue licenses for the establishment of private employment offices that these offices do not charge any commission or fee from the worker to meet it off.
Second terms and conditions of the establishment of private offices referred to in this article, including foundations and determine the conditions for the renewal of this license offices each year and cases of cancellation of a license and how to manage them and the mechanism for supervising the work of those offices in accordance with instructions issued by the Minister in this regard.
Article 22 punishes His first work for the offending provisions of the operating stipulated in Article (16) of this law by imprisonment for not less than three (3) months and not more than six (6) months and a fine of not less than (100,000) one hundred thousand dinars and not more than (500,000) five hundred thousand dinars, or either of them. The number of the multiplicity of the death penalty offense committed in their business
Second penalty doubled the fine stipulated in item (i) of this Article, if the violation is repeated
Section II
Vocational training
Article 23 first vocational training is aimed at the following:
A. The training of those who are in the age of pre-operating and providing them with technical expertise for all kinds of work in order to supply the various employment sectors including need of competent jurisdiction technical skills.
B. Retrain unemployed workers for post-employment and unemployment at the various levels of qualifications and skills development and re-training of workers to raise the level of professional competence and productivity.
Secondly collective agreements define the rights and obligations of workers and employers with regard to vocational training.
Article 24 First public and private vocational training centers offering vocational training programs to the operating office in accordance with the provisions of this law, and shall Operating Office advise you on the types of skills training programs, and the organization operating after training
Second training programs offered by vocational training centers to create professionalism and formed by a decision of the Minister, an ad hoc committee in coordination with the workers' organizations and employers to add new occupations according to labor market requirements and provide the operating divisions to these programs to provide advice and guidance for the unemployed about the types of skills training programs and the organization operating after lead Training.
1. Third on private companies and non-governmental organizations concerned with training to obtain leave from the Ministry of Labour and be subject to inspection and monitoring and evaluation of the extent of its powers to determine the training and instructions issued by the Minister.
2. imposes a fee on the training center who submit a request to give him a license to open a training center of $ 1,000,000 million Iraqi dinars and recorded revenue of the Department of vocational training as well as afford committees detection and evaluation costs, and are excluded from the provisions of this paragraph workers' organizations and civil society organizations that provide training services for free
IV. For job seekers Joined training programs for free.
Fifthly. Identifies professions that are subject to training and duration of training for each profession theoretical and practical programs that must be taught and the application of quality standards in training and system testing and certification granted and the data that must be registered with the instructions issued by the Minister.
Article 0.25. I. organize apprentice relationship in the training programs, under a written contract that includes objectives and stages and duration of training and the rights and duties of each trainee and the destination of the training, including training in the workplace, in accordance with instructions issued by the Minister.
Second, be Labour and Vocational Training Department is responsible for the payment of the prescribed in the law of retirement contributions to social security for workers through training on the basis of the minimum wage period, in the case of the trainee or his death during training or because of it, and apply the right to intern the provisions of the law of retirement and social security for workers
Thirdly. Vocational training centers comply with occupational health and safety and the placement of the trainee medical examination before the direct training conditions.
Article 26 of the first trainee to withdraw from the training program willingly individual
Second, the training center to end the training contract at any time due to lack of commitment to apprentice training enough or not to discipline or not achieved concrete progress in accordance with the periodic reports Calendar
Third, not for any of the parties in the cases provided for in items (i) and (ii) of this Article that the other party demanding compensation only if the contract included a provision in it
Article 27 first. The offender shall be punished with the provisions of item (iii) of Article (21) of the Act to withdraw the leave and a fine of not less than (1000.000) million Iraqi dinars and not more than (2000.000) two million Iraqi dinars
Second. The Minister after the removal of the violation by the training center, to approve the open position based on the request submitted by the Centre and bear committees detection and evaluation costs.
Chapter V
The organization of the work of foreigners
Article 28 prohibits departments and Employers operation of any foreign workers in any capacity unless the holder of a work permit issued by the ministry for a fee determines the instructions issued by the Minister
Article 29 prohibits foreign workers to join any work before getting a work permit
Article 0.30. I. employer is committed to granting foreign worker who recruited him to Iraq at his own expense a ticket to the country that have brought them unless it is cut off from the expiration of the contract work for the cause of illegal before.
Second employer shall bear upon the death of processing the foreign worker and his body was transferred to the original home or place of residence if his family requested it.
Article -31- The Minister may bring private and operation of foreign workers in Iraq, issuing instructions.
Material - 32. No foreign worker, legally resident in Iraq is to work, in non-legal status, or irregular just because he lost his job, does not follow the loss of a job in itself to withdraw the license of residence or work permit, unless the worker had not made violated Iraqi laws.
Article - 33 - of the ministry and workers' and employers' organizations, separately, the right to establish contacts and exchange information on a regular basis with a corresponding parties in the workers' countries of foreign mother or countries from which they came and the holding of bilateral agreements in order to follow the terms of use and working conditions of these workers from both the two parties in order to ensure the equitable use and equality of opportunity and treatment.
Article 0.34. Shall be punished by a fine of between three (3) times the minimum daily wage and (3) three times the minimum monthly wage for a worker every party or person violates the provisions of this chapter.
Chapter VI
Individual Work Contract
First branch
The individual labor contract
Article 35 first enters into a contract of employment, orally or in writing, by agreement ends Alemtemthleen employer and the worker. In the case of written employment contract, the employer shall organize the work contract in writing and an editor three copies signed by him and by the worker and retains both a copy and the third copy shall be deposited with the department. And it must include the employment contract minimum the following data:
A business owner's name and address and the type of project
B worker's name and date of birth, qualification and occupation, place of residence and nationality
C the nature and type of work, duration and date of commencement
Dr. Remuneration and any benefits or rewards that worker is entitled under the terms of the window and how and date and place of the performance of the agreed wage.
Its working hours and how to divide it
Second. May be the work contract period starts with the experience of its parties agreed, in the event of non-possession factor Vocational prove his skill in the assigned work, provided that no more than that the period of the experiment on the three (3) months from the date Mbacherth work, worker shall not be placed on probation more than once for the same employer.
Third, the employer terminate the contract during the probationary period, if it determines the validity of non-factor for the performance of work, provided that it shall notify the worker before (7) at least seven days from the date of termination of the contract
Fourth in the absence of a written contract of employment between the worker and the employer is the way they prove the existence of the contract and provide data on any rights and claims them under the contract
Article 36, first entered into fixed-term work for the implementation of specific or to provide specific service-related job or project ends on a certain date or date expected to be less than that on the duration of the contract one year.
Second. Shall not specify the duration of the contract in the ongoing nature of the business only when necessary business requirements hiring additional workers for certain period and work.
Third factor has to hold specific work period the same rights enjoyed by the permanent work contract worker.
Fourthly be a labor contract is a fixed term if renovated more than once.
Article 37 first may be a partial conclusion of a contract work and subject to the conditions of employment contract provided for in Article 30 of this Law.
Second, no less hours for part-time work contract (12) twelve hours and not more than (24) twenty four hours a week.
Thirdly enjoys partial factor to work all the rights and is subject to the duties stipulated in this Law
Fourthly calculated the financial rights and the days of annual leave for workers employed part-time contract in proportion between work hours and pay.
Article 38 If a worker came to the workplace and was ready for his performance and prevented that reasons beyond his control so he has to work and he deserves his wage
Article 39 first employer has the following rights:
Regulating the activity of a project
B functions and responsibilities of workers distribution
C take the necessary decisions on working
Dr. Supervise the work progress and the performance of workers to their assigned tasks according to the employment contract.
Second, the employer shall comply with the following:
A respect for the provisions of the contract of employment, collective agreements and the provisions of this law and its application
B provision of means of implementation of the work to the worker
C worker pay wages in accordance with the provisions of this Act
D providing health conditions for the work place and the necessary precautions to protect the worker while working
E providing opportunities for workers and the means to develop the knowledge and technical skills.
And delivery worker at work and arrived Mbacherth including handed him documents and documents and returned to him at the end of the contract of employment or when the agent unless required by replay consequent damage to the employer
G Every worker certificate at the end of the employment contract shows the history Mbacherth work and expiry date and type of work performed by the worker and to be asked to add any data to this certificate and the employer to respond to the request when the required information was added to the fact matching
H give the group a document clearance at the end of the employment contract, provided that the Group had fulfilled all its obligations to the employer in the case of failing worker has the right to resort to spend work to compel access to the requested document
I work statement and risk factor information before hiring
J. Provide appropriate to deal with workers' complaints and grievances and to facilitate access to and use of such a mechanism immediately and deal positively with the complaints mechanism without exposing workers to those applicants complaints to any sanctions.
K. Organizing dossier own personalized for each worker saves a copy of the decision of his appointment and all documents, certificates and information related to it, also it includes them all what occurs to put worker adjustments in his work or wages or rewards or penalties or anything other than that, that keeps the file for two years at least from the date of the end of the employment relationship.
For. Prepare an annual report for each worker by his direct supervisor it includes data on behavior, efficiency and production and specifying the level of efficiency factor and concludes with remarks direct President and his proposals and evaluation that saves the file worker with the contents of his report. That at least the number of workers in the project (15) factor.
M. Provide a copy of the official report on the basic rights granted to workers in the project, or any other relevant conditions of operation and working conditions information, to the Department at the request of the circle that information, provided that the employer provide the Chamber of this statement during a maximum period of one month from the date of receipt of the request.
N. Ensure equal treatment of all employees of the same profession and the same working conditions, whether in terms of wages was Ooualem_khassat Owalklaat Ooualemkaviat Oovrs vocational training or career advancement.
S. The employer shall provide the goods and services necessary for workers in remote locations at subsidized prices
T. The provision of goods and services required for workers in remote locations at subsidized prices.
Article 40 first factor has the following rights:
A payment of wages for work performed by the
To enjoy periods of daily and weekly rest in accordance with the provisions of the contract of employment, collective agreements and the provisions of this law
C equality of opportunity and treatment in the operation and use, away from any form of discrimination.
Dr. Work environment free of harassment.
E in respect of labor relations within the workplace
And take advantage of the vocational training programs
G informed of and consulted on matters with a direct impact on his work
H work in safe conditions and a healthy working environment
I bargaining to improve working conditions and conditions
The strike, according to the provisions of this law
As the freedom to form and join trade unions.
Second factor is committed to the following:
A. Lead his own duties entrusted to him carefully and Secretariat in accordance with the employment contract and the provisions of this law and the instructions and decisions issued for its implementation, and business systems installations issued by the employer and make the care of a person that does not conflict with the provisions of this law.
B maintain the employer's property placed in his custody and do not keep any records of the same bonds or securities belonging to work
C not to disclose any secrets seen by virtue of his work
E follow the occupational health and safety rules
And. Timeliness of attendance and leave and rest periods as stipulated in the labor system.
G not to come to work drunk or under the influence of drugs
H not to carry weapons in the workplace unless the nature of his work so require and be licensed to legally
I Altmard not the intention of getting rid of work
J not to receive any person in the workplace without the consent of the employer
K. To refrain from accepting any commission or other agents or contractors under contract with the employer, but with his knowledge and consent, provided that the funds are placed in a special fund and distributed equally to workers under the supervision of the employer, and are considered the funds from the wage supplements.
If for dysfunctional to act in the provision for non-work time
M not be used machine or device or machine did not cost the use of the employer
N that Ayakd meetings inside the workplace without the consent of the employer and the trade union competent to things purely trade union
Section II
Termination of the employment contract
Article -41- First employment contract ends in one of the following cases:
A. The death of the worker, the employer and the worker is paid to the family of the equivalent of two months salary, provided that the worker had spent in the service of the employer at least one year.
B if the worker sentenced by a court judgment is imprisonment for more than one year but if the judgment shall be re less than a year to work without wages worth the time spent by arrest or imprisonment
C in the case of the death of the employer if his personality irrelevant in the contract and can not complete the contract with the heirs
D in the case of liquidation of the project under a court verdict in the case of liquidation or optionally taking into account the provision of item (iii) of this Article
E if the parties have agreed in writing to end it
And the end of the term of the contract, if the fixed-term contract
G implementation of the action or provide the service, if the contract is for a specific job or a particular service
H resignation working condition to draw notice to the employer before thirty (30) days at least terminate the contract if the worker left work without direct notice or before the expiration of the period stipulated in the contract to pay compensation equivalent to the employer pay for the alarm or the remaining ones
I in the case of force majeure
Second, the employer termination of employment in one of the following cases:
If a worker was injured disease incapacitated for work and did not heal him during the six (6) months from the date of injury and it proved that an official medical certificate
B if the worker was injured deficit incapacitated for work amounted rate (75%) of the seventy-five percent or more of total disability and proved that an official medical certificate
C If the Group completed the retirement age, and then the end of his service deserves a reward according to the provisions of the law of retirement and social security for workers.
D when necessary working conditions in the project to reduce the size requirement of approval of the Minister
E when the worker commits behavior in breach of his duties under the employment contract
If a worker and posing false personal or presented false documents
G if the worker under which the experiment was not acceptable efficiency shows
H If the employee has committed a grave error originated with him a great loss hurt workers Oopalanteg work or judicial decision is
Third, not the employer may shut down his business or his suspension from work or liquidated only after obtaining the approval of the Minister
Article - 42. First, when the availability of one of the cases provided for in item (ii) of Article 37 of this Law, the employer Alarm worker in writing to terminate the contract in the absence of his warning is compensated instead of this warning and must not be less than the alarm (30) thirty days
Article 43 Group, which terminated his service deserves reward end service by wage (2) weeks for each year of service performed by the employer except the provisions of paragraph (b) of item (i) and paragraphs (e) and (g) and (i) of clause ( ii) of Article 37 of this Law
Article 44 first worker to appeal termination decision before the Commission of takedown that make up the instructions issued by the Minister or in front of the elimination work during the thirty (30) days from the date of notification of the termination of his service is waived for this challenge if it does not offer during this period, and if he chooses one of these two roads fell right in the other
Second, the decision of the Commission to end the service subject to appeal before the labor court during the thirty (30) days from the date Althblg done or considered as notified
Thirdly located on the employer the burden of proving terminate the service when you factor stabbed decision to end his service before the end of the Committee on the Elimination of service or in front of work
Article 45 first if found Committee takedown or a court that did not end the worker's service is based on one of the reasons set forth in Article 37 of this Law, it should decide to re-Group to complete its work and pay his remuneration for the period of termination of employment
Second, if the Commission decided to end the service or the court can not re-factor to his finished work from the date of the Commission's decision to hold or the court's decision and pay compensation to the worker the equivalent of twice the reward end of service provided for in Article 43 of this Law
Third in projects that use less than (5) five workers on a regular basis is a contract of employment terminated from the effective date of termination if the committee decided to end the service or the court, the requirement that the employer pays to the worker end of service benefits in accordance with the compensation provided for in item (ii) of this Article
Article 46 first employment contract does not end because of one of the following cases:
Membership in a trade union or participation in the times of his union activities outside work or during times of work with the consent of the employer in writing
B quest to get a recipe or a representative of the workers exercise this trait or already exercise
C file a complaint or instituting proceedings against the employer grievance laws
D enjoy working at one of the legal vacations
E. Discrimination in employment and occupation was either directly or indirectly.
And. Temporary absence from work due to illness or accident according to documented evidence of official identification.
Second is a void termination of employment on the basis of any reason set forth in item (i) of this article and in this case the Commission end the service or the court to decide Group to re-work and pay his remuneration from the previous period 0
B If a worker did not ask him back to work or the committee or the court decided that the re-working is not possible or impractical or inappropriate fair compensation has been decided that the exchange of at least twice the amount of compensation provided for in item (ii) of Article (41) of this is the law
Article 47 of the first worker to end the labor contract willingly individual without warning in the following cases:
A. If the employer breached one of its obligations prescribed in this Act or in the rules of procedure to work, or in the individual employment contract
B if the employer has committed a felony or misdemeanor against worker or family member at work or outside
C. If there is a serious threat to the safety of the worker or his health, provided that the employer is aware of the danger he is not working to remove it.
Second, the worker to ask the committee to end the service or from the court and compensation as provided for in paragraph (b) of item (ii) of Article 42 of this Law
Article 0.48. When you merge the project or the transfer of ownership of the heirs ceded to third parties or to sell it or rent it or Oostosmarh whole or any part of it, is the new employer is responsible for fulfilling the obligations to the former employer towards the worker in accordance with the provisions of this Act, the former employer remains liable jointly and severally with the new employer for the obligations arising from working relations, which have had it before the transfer of the project until his move
Article 0.49. First you hear the suit claim rights arising from the labor relations after three (3) years from the date of maturity, do not hear a lawsuit to claim compensation for damage caused by the criminal act after the expiration of five (5) years from the date of its inception
Second period specified begin to hear the lawsuit to demand the rights of the date on which the right is worth it, but he can not claim back money paid to the employer discharged from the right after his fall.
-50- Article shall be punished by imprisonment for a term not less than three (3) months and not exceeding one year or a fine of not less than (500,000) five hundred thousand dinars and not more than (1,000,000) million dinars every employer of violating the provisions of this chapter.
Chapter VII
First branch
Wages
Article 51 first cash wages paid to workers in Iraqi currency excluding Mains it work contract.
Secondly instruments may be paid wages or bank remittances condition that it be in accordance with the collective agreement or an arbitral award, or the consent of the Working Group on writing in the absence of such an agreement or resolution, with the worker's right to revoke this permission at any time
Thirdly. Wages paid at the end of the week if payment per week and at the end of the month if the monthly payment in the workplace or the nearest place him on to be a maximum delay payment of wages a maximum period of 5 days.
IV. Payment of wages in the form of promissory notes or vouchers or any other form according to replace the Iraqi currency or replace what is agreed upon in the contract of employment is prohibited.
Fifthly. Equality of pay for women and men to work of equal value
Article 52 First wages paid directly to the worker may be converted into a factor in the bank account which mutually agreed in writing to pay to the agent or factor.
Second, when the death of the worker paid all his dues to his successor in accordance with law
Article 53 First Ihzeraly employer:
(A) restrict the freedom of working in any way to dispose of his fees
(B) forcing the worker to buy the products work, shops, or goods imported by
Article 0.54. Considered void all waiver of wages established for operating under the provisions of this law and can not be booking them unless by judicial verdict.
First, Article 55 shall not be deducted worker's wage except in cases approved by the law among several things, including:
A. alimony legitimacy.
(B) the amounts owed by factor to calculate retirement circle and social security for workers.
(C) trade union subscriptions, according to the provisions of the Trade Union Regulatory Act.
Second may not total more than deductions (20%) twenty percent of the worker's wage if what earns less than three (3) times the minimum wage and (30%) Thirty percent of the employee's wages if wages increased from that limit, nor These percentages apply to deduct alimony debt.
III not subject to any debt owed to the benefit of the employer in the edema factor.
Article 56, first when the bankruptcy or liquidation of the project according to a judicial decision is treated workers Kdainin excellent and they deserve it when the following privileges:
A wage for (3) three months prior to the termination of his service
B wages of public holidays during the year in which his service and the previous year ended
C amounts due to it from other types of leave before the work is finished
D end of service bonus owed to workers
Second progress privileges set forth in item (i) of this article on the other, including the excellent debt State debt privilege
Thirdly pay the following debt before the debt owed by the employer to the worker pay:
A debt arising from the employer's commitment to support his family for alimony arising from his trust in accordance with law
B debt on the management of real estate employer insolvent or bankrupt, including legal fees and expenses of administration
Fourthly given the amounts due to the worker or his successor in rights under the provisions of this law the highest degree of excellence at all the money the employer movable and immovable property and collected the whole directly by all other outstanding debt, including amounts owed to the Government Treasury excluding alimony debt
Article 57 first. Group on the constituent elements should be reported to the fare before hiring him, especially provisions and automatic calculation of overtime and other increases or deductions and payment periods and manner, place and day to pay and should tell him the same information whenever there is a change in the elements of the taxi.
Second. Bouapana worker must provide a detailed written him pay his fees whenever documented period in which the work owed him salary, allowances and overtime and other deductions or increases, if any.
Article 58 should be a final settlement of the wage of the day following the termination of the contract, and if the termination of employment by the worker must pay his remuneration due within seven (7) days from the date of his employment
Article 59 First Employer shall keep a record of the wages and hours of overtime a worker's wage and deductions that has him and the net wage which has to be this record devoid of any vacuum or delete details or gloss, and is subject to monitoring and auditing of labor inspectors in the ministry included
Second Atbara edema employer of religion compensation only factor in the signing of the wages and record Ayad signed it without any reservations for a waiver from any of its rights
Section II
Wage determination
Article 60 first determines the worker's wage under the individual employment contract, provided that at least wage fixed for his career under the binding to the employer In all cases, the collective agreement is not permitted to be less than the worker's wage for the minimum wage set by law
Secondly it intended the minimum wage, the wage set by law or in a project scheduled to pay the employer according to the individual contract or collective action, whichever is greater.
Article - Article 61. The deletion of being owned by the terms and conditions of employment in public work contracts not related to the separation of wages and the ministry may issue instructions to regulate the terms and conditions of work and workers in projects that have a single point where the parties to the contract public.
Article 62 constitute the first decision of the Minister for the committee to propose minimum wage worker periodically from:
A director general of the Department of Employment and loans President
B assistant general manager of the Department of pension and social security for workers A member
C assistant general manager of professional training department member
D representative of the Ministry of Planning and a member
Its representative of the employers' organization the most representative member
And a representative of the workers' organization most representative member
G two members of the experienced and competent various aspects of wage policy chosen by the minister
Second Minister presents a proposal to the Cabinet Committee
Thirdly it is taken into account when determining the minimum wage as follows:
A needs of workers and their families
B the general level of wages in the state
C cost of living and changes therein
D-economic factors, including economic development and the level of productivity requirements and the desire to achieve a high rate of employment and preservation
IV. Worker covered by the provisions of this law is worth an annual increase patrol of the maturity of this increase and determine the instructions issued by the Minister
Fifthly. Worker covered by the provisions of this law is worth an annual periodical increase in wages from the date of maturity when it was completed a full year of work for the same employer, and determine the proportion of this increase is in accordance with the labor market indicators for each project and agreement of the parties with the relationship
Sixth adjusts the minimum wage from time to time to match the cost of living and other economic conditions, and conducted periodic review every (2) two years.
Article 63 shall be punished by a fine of not less than twice the minimum monthly wage set by law every person who violates the provisions relating to wages stipulated in this law and if the violation related to pay at least the minimum wage Viltzm offender in addition to the payment of the fine imposed on it, to pay compensation to the worker equivalent twice the difference between the wages paid and the minimum wage
Article 64 first comment employer in a prominent place an advertisement of the project adequately teaches workers wages applied in the project that not less than the minimum wage prescribed by the law ..
Second, any worker sued wage paid less than he deserves he may recover the difference between working overtime and deserves.
Third Group that if the employer paid him paid less than the agreed wage claimed in his project the employer the burden of proving that he paid to the worker wage it.
Chapter VIII
Work time
Article 65 meant hours of work time law to the factor which its obligations specified in the contract of employment and do not pertain to the periods of rest and eat and setting a date for the start of the work has been completed and work system
Article first no more than 0.66 hours Alamlaleoma to (8) eight hours a day or (48) Forty-eight hours a week, subject to the exceptions set forth in this law.
Second, the business performed works double shifts in intermittent may not be that the duration of survival factor than in the workplace (10) ten hours should not exceed the actual hours of work on the (8) eight hours a day
Thirdly. Reduce daily working hours in hazardous and cumbersome business Owaldharh health and determine such acts and maximum hours of work in accordance with instructions issued by the Minister to propose the National Centre for Occupational Health and Safety
Fourthly exempted from the provisions of this Article Mayati:
A project which only members of the employer's family does not work out
For people who hold jobs supervision and management
C employed persons acting require secrecy
D workers who are preparatory or complementary performed outside the prescribed limits Macs for hours workers in the project
Its workers guard
And delegates to do work outside their projects
G agricultural workers
Fifthly Minister shall issue instructions where he worked cases stipulated hours specified in item (iv) of this article.
Article 67 First we have to permeate the working hours rest period or more for a total of at least half an hour and not more than an hour and the employer determines a timely manner through the ads plastered in places phenomenon in the workplace that the hours of work relating to not more than five (5) hours
Second, every worker is granted a rest period of not less than (11) eleven consecutive hours between every two working days calculated from the actual end of the working day and the beginning of the next business day.
Thirdly worker shall be in projects that can not be stopped work where technical reasons or because of the nature of production or the work performed by a rest period or more for a total of at least half an hour.
Fourth in a business with a two-shift is not permitted to be less than the rest period between them for (1) hour and not more than (4) four hours and can be determined in the collective labor contracts
B workers who work more than Time Visthakon rest period (11) eleven consecutive hours between the end of the first-time and second-time start
Fifthly the driver is not permitted to run factor driving continuous for more than (4) four hours without a rest period and are limited to instructions issued by the Minister
Article 68 is the first work:
Pursuant to a Nahariya if between the hours of (6) six in the morning and (9) nine at night
For night work if it is between the hours of (9) nine at night and (6) six in the morning
C if it is in accordance with a mixed time in daytime work which relates to night work and vice versa should not exceed in this case the duration of night work on the three (3) hours.
Second it is not permitted to increase working hours in the following cases on Mayati:
7 (a) seven hours a night work
B (7) seven and a half hours in mixed action
Thirdly it may not be working in the business that take place alternately between day and night operation for more than thirty (30) consecutive days in each bout
Article 69 first employee is entitled to a weekly rest of not less than (24) twenty four hours continuously and be paid on Friday, the weekend and may be replaced another day in the week.
Second regulates employer dates of workers get weekly rest in one day for all workers whenever possible, or alternately the condition that determines each worker a date fixed for the weekly rest
Third, the employer in agreement with the workers employed weekly rest days and public holidays to be paid their salaries in accordance with the rules of extra work and give them a rest day in the next week
First, Article 70 shall not exceed the working hours stipulated in Article (67) of this Act, except in one of the following two cases:
A case of an accident or the likelihood of occurrence or if you work for the reform of the mechanisms of forced or equipment, or in the case of force majeure to be increased to the extent necessary to avoid the usual necessary for the project stops working
B required if working conditions do continuously on consecutive shifts to the condition that no more than the total weekly working hours on (56) fifty-six hours, and does not affect the worker's right to give him a day of rest as compensation for the weekly rest
Second, in exceptional cases which can not apply the text of Article 61 of this Law, it could be that the agreement between workers 'and employers' organizations to increase the daily working hours for a limited period of time binding owners becomes the condition that no more than the average number of weekly working on the number of weeks covered by the hours in agreement (48 ) forty-eight hours
Thirdly the ministry after consultation with workers 'and employers' organizations related to the grant:
A permanent exceptions permitted in the preparatory and complementary actions set forth in paragraph (d) of item (iv) of Article (61) of this to be carried out outside normal working times in the project, or the categories of workers who require their businesses to be intermittent law
B temporary exceptions permitted to meet the exceptional cases of pressure of work
These exemptions are granted in the following cases:
(1) face the pressure of work is phenomenal because of holidays or seasonal business or otherwise
(2) repair or maintenance of hardware or tools and machines that stoppage might disrupt the work on the project
(3) avoid exposure materials or products damaged
(4) conduct annual inventory Final Ooal_husabat or standby for the liquidation of the season and the opening of the new season
Fourth on the ministry when granting these exceptions text on maximum overtime in each case, the amount of extra work, which should be an increase of 50% of the ordinary course of pay if the work of Nahariya and not less than twice the wage if the work Lilia or if you work hard instead or harmful and to compensate the worker in one day rest days of the week if dabble in the weekly day of rest.
Fifthly subject to extra work Mayati:
A. It is not permitted to increase overtime hours in industrial businesses that take place alternately at one hour per day
B is not permitted to increase overtime hours in the preparatory and complementary works for industrial business or if you experience unusual business on (4) four hours a day
C It is not permitted to increase working hours extra in the Non-Industrial (4) four hours a day
D is not permitted to increase working hours in the transport over the entire time driving roads, including hours Alamlaladava to (9) nine hours a day, (48) forty-eight hours a week, and reduce the total hours of business leadership in the event of leadership in difficult situations
H requires not running any worker more than (40) forty hours of overtime for a period of ninety (90) days and (120) one hundred and twenty hours additional work for (1) year and identifies the minister's instructions this business overall and the time it is applied to the drivers concerned
VI. Intended to overtime in accordance with the provisions of this law any business being in the daily or weekly or in excess of the daily work hours breaks OEM holidays and public holidays legally approved.
Article 71 first if work stops completely or partially as a result of exceptional circumstances or force majeure For the employer pay workers' wages from the stop up to a period of thirty (30) days and the employer mandate factor to the work of another similar or work extra unpaid compensation for time lost on that no more overtime is paid on (2) two hours a day and thirty (30) days per year
Second, if the work was stopped because he employer pay workers' wages for a full stop period has run an additional factor unpaid work within the limits set forth in item (i) of this Article
Article 72 shall be punished by the owner of the offending action the provisions of this Chapter a fine of not less than (250,000) two hundred and fifty thousand dinars and not more than (500,000) five hundred thousand dinars multiple fine as the number of workers who signed their business in violation
Chapter IX
Vacations and holidays and public holidays
Article -73- First, workers enjoy a rest stop in the days of the holidays and holidays established under the law and get her full pay
B factor enjoys a comfortable weekly not less than one day with full pay
Second. Worker may be running within days, holidays or public holidays except weekly rest for one of the reasons set forth in item (iii) of Article (65) of this law paid multiplier in addition to wages
Third, it does not count among the feast days of annual leave and public holidays occurring during the enjoyment factor Bojazath.
Fourthly factor that works to hold a limited period of work, or the agent trainee annual paid leave as much entitlement for the entire duration of the contract is worth before expiry
Article 74 first employee is entitled to one year after his vacation full pay for a period (21) and twenty-one days at least for each year of work
Second factor in hazardous Aoualemrehgh business worth Awaldharh fully paid vacation for two (30) at least thirty days for each year of work
Thirdly added to the annual vacation spent working in the same employer and service as follows:
2 (a) two days (5) for the first five years
B (2) days (5) for the second five years
C (3) three days for each five (5) years during the subsequent service
Fourthly employee is entitled to a vacation for the year in part commensurate with that part
Fifth working days calculated from the interruption of business for reasons beyond his control, such as illness, injury or accident or situation from within his term of office and deserves her annual leave
Sixth annual leave days calculated actual working days for the purposes of this Act
Article 75 first factor that enjoyment. Vacation stipulated in Article worth (69) of this law Agra for the entire duration of not less than his remuneration which excise rate during the last six (6) months of its operation
Secondly exempted from the provision of item (i) of this Article, transportation, food and risk allowances
Thirdly pay the amounts set forth in items (i) and (ii) of Article (69) of the Act for the enjoyment factor before. Vacation
Fourthly employee is entitled to a cash compensation for the days that you do not enjoy it from his annual leave at the end of his contract and the amount of compensation is calculated in this case on the basis of the last wage worker working overtime
Article 76 of the first worker to enjoy annual leave at once or in the form of payments
Second. It may be divided annual leave, when necessary work requirements or interest factor that, to a period of at least one of them for (14) fourteen consecutive days and are enjoying Palmtbaka of time in the manner as may be agreed between the worker and the employer during a period not exceeding the following business year.
Article 0.77. I. rules of procedure of the work of times determines that workers enjoy annual vacations and otherwise fulfilled then the Employee is entitled to annual Bajazath while consistent with the employer subject to paragraph (ii) of Article (71).
Second, the employer enable the worker to enjoy the annual Bajazath set forth in this law.
III in the event of the end of the employment contract worker did not enjoy the annual Bajazath within a year of work that the employer worker compensation at full wages for the period of leave that are not enjoyed by the addition to the wage for the work done in that period.
Article 78 The first factor is not permitted to be exercised any paid through the enjoyment of the annual Bagazath
Second is void every agreement to abandon the worker's right to enjoy the minimum annual leave with pay or assign them to meet compensation or for any other reason
Article 79 first factor fully paid sick leave pay from your employer for two worth thirty (30) days for each year of work
Second it may be the accumulation of sick leave that the worker is entitled under the provision of item (i) of this Article up to (180) one hundred and eighty days
Third If the employee illness lasted content which exhausted the entitlement of paid sick leave, apply the provisions of the law of retirement and social security for workers.
Fourthly employer retirement circle and social security for the workers to pay what is due to the worker substance from the wages of sick vacations paid him more than thirty (30) days of the year according to the provisions of clauses (i) and (ii) of this article.
Article 80 first sick leave granted based on a medical report issued by the competent medical accredited to the employer or by an official medical point
Second is to enjoy a period of sick leave active service for purposes of this law and other laws
Article 81 first factor fully paid vacation worth for personal reasons in the following cases:
A marriage factor (5) five days
B marriage son or daughter Working Group (1) one day
C death of the husband or wife, father or mother, son, daughter, brother, sister or one of the parents husband or wife (5) five days
Second. Secured worker whose husband has died enjoy vacation for two (130) one hundred thirty-day fully paid for several that spend according to the law.
Third factor is granted leave without pay pilgrimage and once during his service and according to his request
Fourthly employee is entitled to full vacation with pay for performance of official duties or the public to exercise the right to vote or to attend court as a witness or expert in other cases stated in the law or in collective labor contract
Fifthly employee is entitled to fully paid vacation to do the duties that the union provided for in the collective agreement applicable
VI. The employer, if necessary, to grant worker, at his request, leave without pay.
Article 82 Whoever violates the provisions related Alamlualajazat hours stipulated in this Law, a fine of not less than (50,000) fifty thousand dinars and not more than (100,000) one hundred thousand dinars multiple fine as the number of workers who signed the offense in their business
Chapter X
Working Women's Protection
Article 83 An employer who uses more female workers place a copy of the special protection of women working in the bulletin board at work verdicts
Article. 84. Ola.ihzer forcing women pregnant or breastfeeding women to perform additional work or any work prepared by the competent health harmful to health of the mother or the child, or if the medical examination proved the existence of a significant risk to the mother or child health
Second. It prohibits women working in the grueling business or harmful to health and the specific operation in accordance with instructions issued under Article 61 (III) of the Act.
First, Article 85 is not permitted to run working women work night, but if the work is necessary or due to force majeure or to maintain the raw materials or perishable products or if there is a force majeure led to stop work on the project stopped was not expected to be no repeat that
Secondly, working women given a daily rest period of not less than (11) eleven consecutive hours, including necessarily be at least seven (7) hours of the night period between the time (9) nine at night and time (6) six in the morning
Thirdly Eisera to the provision of item (i) of this article on the following categories:
A businessman working in administrative or commercial
B workers in health services or recreational
C workers in the transport and communication services
Article 86 First deserve special pregnancy and labor situation fully paid vacation for a period of not less than (14) fourteen weeks per year
Second, a pregnant worker to enjoy before. Vacation eight (8) weeks days of the expected date of a medical certificate issued by the competent authority
Thirdly. Pregnant continue working after binding to the enjoyment of the situation, including the remainder of this leave to be not less than the period of such leave to (6) six weeks after childbirth.
IV. Extends leave the prenatal period equal to the period between the supposed date of delivery and the actual history without reducing the period of compulsory leave after childbirth.
Fifthly. Medical hand competent to decide to make a period of leave provided for in item (i) of this Article period no longer than nine (9) months in the case of difficult childbirth or the birth of more than one child or the appearance of complications before Obadh situation and be duration in excess of what is provided for in item (II) of this Article shall apply vacation guaranteed retirement provisions of the law and social security for workers.
VI ensures a working mother to leave at the end of pregnancy, childbirth and motherhood to return to the same work Auaml his equal and the same pay.
Article 87 is not permitted for a working mother during pregnancy and childbirth leave that operate paid work for others.
Article 88 of the working mother with the consent of the employer to enjoy the holiday, a private maternity care of her child without pay for a period not exceeding one year GOES where to take care of her child if it did not complete one year of age and longer employment contract suspended during this period.
Article 89 may not be the worker to benefit from maternity leave own to take care of her child for other purposes and if it is proved the functioning of the labor enjoyed this holiday remunerated employment for others deemed leave canceled and the employer may request to force a return to work has the date set by it.
Article 90 allows the first working Pfterta breastfeeding women breast-feed during the working day does not exceed one hour and longer breastfeeding period of working hours.
Second exempt from work, the worker of his or her child or more under six years of age if he needs a sick child to care, for not more than three (3) days for each case so require, and the consequences of this exemption not Asthakagahma wage for the duration of Angtallma work.
Article 91 on the first employer who uses women provide places for Raanhn according to business requirements.
Second, the employer is committed to projects in which workers operate the establishment of nurseries alone or in combination with the employer in a project or other projects in accordance with instructions issued by the Minister.
Article 92 of the provisions of this chapter shall not apply to workers in the middle of a family does not function in which only members of the family under the direction and supervision of the husband or father or mother or brother.
Article 93 Any employer who violates the provisions of this Chapter a fine of not less than (100,000) one hundred thousand dinars and not more than (500,000) five hundred thousand dinars.
Chapter ten atheist
Protection of Juveniles
The original text
First, Article 94 prohibits the employment of juveniles, or entering the workplace, in the business that could harm nature or working out conditions to their health, safety or morals
Secondly, the Ministry and in consultation with workers 'and employers' organizations related to periodic revision and whenever the need arises for the menu item to which it applies the provision of item (i) of this Article These include, for example, but not limited to the following:
A work underground and under the water's surface and in the highlands of hazardous and confined spaces
B working mechanisms and equipment and dangerous tools or that require manual intervention or citing heavy loads
C work in an unhealthy environment for risk exposure events or exposure to extreme temperatures or unusual noise or harmful to their health Alahtzasalve
D work in difficult conditions for long hours or in some night work conditions
Thirdly. It prohibits the employment of juveniles at night or mixed business.
First, Article 95 is not permitted to run events in the business allowed furthest undergo a comprehensive medical examination of the medical committee emphasizes physical fitness and the ability to work to be employed in it
Second issued a certificate to prove fitness for the event of a work according to the following:
A specific operating conditions
B specific work or specific actions have set the same health risks as a group classified by the competent authority
Article 96 First Fitness events remain to do the work under health surveillance until completing their age (18) eighteen
Secondly events medical tests subject to repeated each year in at least the continuation of their employment
Third, you must repeat the medical examinations for fitness work until they reach working age (21) in the twenty least in business that decides the competent authority that it contains high health risks
Fourthly it may not be that the worker bears the event or his parents for the cost of any medical tests set forth in items (ii) and (iii) of this Article
Fifthly it intended the relevant department for the purposes of this chapter, the ministry responsible for labor or the ministry responsible for health or both
Article 97 first may not be that the duration of an event that did not reach the work of more than (16) the age of sixteen to seven (7) hours per day
Secondly must permeate the daily working hours or more a break for at least an hour shall be identified in the fact that continuous work for no longer than (4) four hours
Article 98 is worth an event that may run annual leave with pay for thirty (30) days per year
Article 99 on the first employer who is employed Events law allows put a copy of their protection in a prominent and clear place in the bulletin board verdicts in the workplace
Second, the employer organizing special events record includes names, age and business entrusted to them
Article 100, the employer put the medical certificate proving fitness factor event to work provided for in Article 90 of this law in a file and give it to labor inspectors to review it or give labor inspector record upon which the certificate number memorized
Article 101, if you find the work relationship between an employer and an event is not permitted to run under the provisions of this law, the employer shall pay the agreed his remuneration and compensated in the event of injury at work or from the virus, regardless of the availability of the wrong corner
Article 102 shall not apply to the provisions of this law on the events over the age of (15) fifteen years old and working in the middle of a family under the direction and supervision of the husband or father or mother or brother that produce for domestic consumption and not use salaried workers
Article 103 shall issue directives on business events that are harmful to the health, safety and morals of hazardous business, unusual temperatures or noise or vibration Minister
Article 104 punishes the owner of the offending action the provisions of this chapter the death of not less than (100,000) one hundred thousand dinars and not more than (500,000) five hundred thousand dinars source
Article 4 Work is a right for every citizen capable of performing it, and the State shall endeavor to be supplied on the basis of equal opportunity, without any kind of discrimination.
Article -5- inviolable freedom of action may be restricted or denial of the right to work and the state has adopted to promote full and productive employment policy and respects the fundamental principles and rights, whether it was in the law or the application, which include:
First. Freedom of association and the effective recognition of the right to collective bargaining.
Second. The elimination of all forms of forced or compulsory labor.
Thirdly. The effective abolition of child labor.
IV. The elimination of discrimination in employment and occupation.
Fifthly. Law guarantees the worker's right to labor and services for the practice of the profession and the worker's service is calculated secured active service for purposes of determining the salary and retirement, the Iraqi factor when job recruitment in government departments and the public sector.
Material - 6. The minimum age for employment in the Republic of Iraq is (15) years.
Article 7 I. - This law prohibits any violation or to the principle of equal opportunities and equal treatment exceeded whatever reason and in particular to distinguish between the workers, whether it was direct discrimination or indirect, in all matters relating to vocational training or operating or work or conditions and circumstances.
Secondly - this is prohibited by law under the worker on condition of joining the union or give up its membership in it.
III not be considered discriminatory any distinction, exclusion or preference in connection with a specific job if was based on the basis of the qualifications required by the nature of this work.
Article - 8 - I. This law prohibits forced or compulsory labor in all its forms, including:
A. labor or debt slavery.
(B) work unencumbered by the limitations of people.
C - the trade secret in persons and migrant workers, which is by nature the work is optional.
(D) domestic work, which includes compelling factors.
Second it is not considered compulsory work algebraically or have been as follows:
1. any work or service exacted from any person based on the conviction of a court of law, provided that carried out these acts or services under the supervision and control of public authorities, and that this person is not rented to individuals, companies or associations or be the subject at their disposal.
2. completion of any work or service which is part of the normal civic duties in accordance with the provisions of this law.
3. any work or service which is raped in emergency situations and in general any circumstance threatening the survival or well-being of the whole population or some of them.
Article - 9. This law prohibits sexual harassment in employment and occupation, whether it was at the level of job search or vocational training, operation, or the terms and conditions of employment.
Secondly - this law prohibits any other behavior creates a hostile or intimidating work or demeaning environment for those who brought him this behavior.
III intended sexual harassment in accordance with the provisions of this law, any physical or verbal conduct of a sexual nature or other conduct based on sex and affects the dignity of women and men and be undesirable and unreasonable and insulting to those who receive. Lead and rejection of any person or not subject to this behavior, explicitly or implicitly, to make a decision affecting his job.
-10- Article I. worker the right to resort to the Labour Court to file a complaint when exposed to any form of forced labor, discrimination or harassment in employment and occupation.
Secondly - is punishable by imprisonment for a period not exceeding six months and a fine not exceeding one million dinars or either Whoever violates the provisions of the articles contained in this chapter relating to child labor, discrimination, forced labor and sexual harassment according to each case.
Material - 11. If you work the main owner of the era to another employer to perform the work of his works or part of the subcontractors and that was in one working conditions, they must be on from the era of the work that is equal between the workers and the workers the main employer in all rights, and have both of them in solidarity with the other.
Material - 12. In order to determine whether any person using by someone else, on the court, to determine the nature of the relationship between the parties guided by the facts relating to the performance of work and remuneration paid to the worker, in spite of how to describe the relationship in any contrary arrangement, contractual or non-contractual , it may be agreed between the parties.
Article -13- First represent the rights contained in the provisions of this law, the minimum workers' rights and do not affect those provisions on any of the rights granted to workers under any other law, or a labor contract, agreement or decision if any of them arrange for a worker rights better than rights prescribed to him under the provisions of this law
Second is void every clause in a contract or agreement whereby the worker waives any right of the assessed his rights under the provisions of this law
Thirdly. When there is no provision in the law so they can be the application of the provisions of the Arab and international labor conventions ratified by the relevant law.
Article -14 Arabic is the language adopted in all labor relations and contracts and records, documents, and based Kurdish language alongside Arabic language in Kurdistan, and can not be invoked in the face factor in any foreign language document editor, even if authenticated signature
Chapter IV
Employment and Vocational Training
First branch
Operating
Article-15 first - formed by a decision of the cabinet committee called the Supreme Committee for the planning and operation of the labor force, headed by the minister and the membership of representatives from each of the relevant ministries and workers' organizations and organizations most representative of employers, shall draw up the general policy of the run and vocational training.
Second determines the composition of the Commission decision and functioning of its members and the number of instructions issued by the Minister.
Article -16- ministry run sections General distributed properly established so that makes it easier for employers and workers to contact them and offer such services free of charge sections ministry and determine system operations and powers instructions issued by the Minister.
Article -17- The operating office in Mayati circuit:
First run provide services workers and job seekers and employers for free, according to the opportunities available
Second, cooperation with the public and private sectors, mixed and cooperative on the organization of the labor market to achieve full employment, preservation and development of human resources
III help workers to find work commensurate with their skills and professional abilities and mental and physical help employers to find suitable workers for the work entrusted to them.
Fourthly registration researchers work, and the statement of professional qualifications, and experience and desires, interview them and assess their physical abilities and professional, and help them to get professional guidance and counseling or retraining 0
Fifthly get accurate information from the employer for vacancies Tell office, and requirements to be met in the most wanted workers.
VI nomination of Iraqi job seekers who meet the professional skills and mental and physical capabilities of the work available to them and other non-Iraqi workers if they meet the qualifications that meet the specifications of the work required, taking into account the provisions of articles (24) and (25) of this law.
Seventh granting student work and a document called (operating card) to prove their personal data and its own type of work request
Eighth refer job applicants and vacancies of office running to another, if you can not find a suitable job for student work or if you can not adequately fill the vacant office of the original or if other circumstances this procedure required the consent of the student work 0
IX Prepare periodic data in cooperation with relevant departments and trade unions organizations and provide information available about the expected developments of the labor market situation, at the State level, or industries or professions or different regions to provide this information and collected regularly, analysis and accuracy of the public sector and workers' organizations and employers concerned
X. take appropriate measures to facilitate the following:
A transmission of the national workforce in various types of professions
B transmission of the national workforce to areas where no suitable job opportunities
C Jump interim national workforce from one area to another, for the provision of labor supply and demand
D workforce move from one country to another and who is authorized by governments on the basis of the principle of reciprocity
Article. 18. I. The Ministry to form a tripartite committee called the tripartite consultation committee composed of representatives from the ministry and relevant ministries and representatives of the workers and the most representative organizations of employers' organizations.
Second: the ministry responsible for administrative support to the Tripartite Consultation procedures as appropriate arrangements with the representative organizations conducting Commission to fund any training necessary for the members of this Committee.
Article 19, the employer shall comply with the following:
First inform the office operating in his area for the existing vacancies has within a period of not more than ten (10) days from the occurrence of the vacancy, and on the operating office to inform job seekers so, according to the following procedures:
A employer submit an application to the Office operating in his area which shows the type of work that requires Almtaloboualmoasfat availability in student work
B meets the demand operating office in the case of the availability of the required factor of between registered in its records, if not available, the Bureau shall contact other offices in order to satisfy demand
C Report employer copywriters nomination or apologize to meet demand during the (15) fifteen days from the date of receiving the request of the employer and registered in the relevant section
Second, the employer run directly apology workers at employment offices
Article 0.20. Work is a right to a student who nominated his work rejected if there are objective reasons prevent the acceptance of the work or not to work fit with his career and the degree of skill, and otherwise forfeited in the sequence it has to file a new application and gives a new sequence so.
Material. 21. First - The Ministry shall issue licenses for the establishment of private employment offices that these offices do not charge any commission or fee from the worker to meet it off.
Second terms and conditions of the establishment of private offices referred to in this article, including foundations and determine the conditions for the renewal of this license offices each year and cases of cancellation of a license and how to manage them and the mechanism for supervising the work of those offices in accordance with instructions issued by the Minister in this regard.
Article 22 punishes His first work for the offending provisions of the operating stipulated in Article (16) of this law by imprisonment for not less than three (3) months and not more than six (6) months and a fine of not less than (100,000) one hundred thousand dinars and not more than (500,000) five hundred thousand dinars, or either of them. The number of the multiplicity of the death penalty offense committed in their business
Second penalty doubled the fine stipulated in item (i) of this Article, if the violation is repeated
Section II
Vocational training
Article 23 first vocational training is aimed at the following:
A. The training of those who are in the age of pre-operating and providing them with technical expertise for all kinds of work in order to supply the various employment sectors including need of competent jurisdiction technical skills.
B. Retrain unemployed workers for post-employment and unemployment at the various levels of qualifications and skills development and re-training of workers to raise the level of professional competence and productivity.
Secondly collective agreements define the rights and obligations of workers and employers with regard to vocational training.
Article 24 First public and private vocational training centers offering vocational training programs to the operating office in accordance with the provisions of this law, and shall Operating Office advise you on the types of skills training programs, and the organization operating after training
Second training programs offered by vocational training centers to create professionalism and formed by a decision of the Minister, an ad hoc committee in coordination with the workers' organizations and employers to add new occupations according to labor market requirements and provide the operating divisions to these programs to provide advice and guidance for the unemployed about the types of skills training programs and the organization operating after lead Training.
1. Third on private companies and non-governmental organizations concerned with training to obtain leave from the Ministry of Labour and be subject to inspection and monitoring and evaluation of the extent of its powers to determine the training and instructions issued by the Minister.
2. imposes a fee on the training center who submit a request to give him a license to open a training center of $ 1,000,000 million Iraqi dinars and recorded revenue of the Department of vocational training as well as afford committees detection and evaluation costs, and are excluded from the provisions of this paragraph workers' organizations and civil society organizations that provide training services for free
IV. For job seekers Joined training programs for free.
Fifthly. Identifies professions that are subject to training and duration of training for each profession theoretical and practical programs that must be taught and the application of quality standards in training and system testing and certification granted and the data that must be registered with the instructions issued by the Minister.
Article 0.25. I. organize apprentice relationship in the training programs, under a written contract that includes objectives and stages and duration of training and the rights and duties of each trainee and the destination of the training, including training in the workplace, in accordance with instructions issued by the Minister.
Second, be Labour and Vocational Training Department is responsible for the payment of the prescribed in the law of retirement contributions to social security for workers through training on the basis of the minimum wage period, in the case of the trainee or his death during training or because of it, and apply the right to intern the provisions of the law of retirement and social security for workers
Thirdly. Vocational training centers comply with occupational health and safety and the placement of the trainee medical examination before the direct training conditions.
Article 26 of the first trainee to withdraw from the training program willingly individual
Second, the training center to end the training contract at any time due to lack of commitment to apprentice training enough or not to discipline or not achieved concrete progress in accordance with the periodic reports Calendar
Third, not for any of the parties in the cases provided for in items (i) and (ii) of this Article that the other party demanding compensation only if the contract included a provision in it
Article 27 first. The offender shall be punished with the provisions of item (iii) of Article (21) of the Act to withdraw the leave and a fine of not less than (1000.000) million Iraqi dinars and not more than (2000.000) two million Iraqi dinars
Second. The Minister after the removal of the violation by the training center, to approve the open position based on the request submitted by the Centre and bear committees detection and evaluation costs.
Chapter V
The organization of the work of foreigners
Article 28 prohibits departments and Employers operation of any foreign workers in any capacity unless the holder of a work permit issued by the ministry for a fee determines the instructions issued by the Minister
Article 29 prohibits foreign workers to join any work before getting a work permit
Article 0.30. I. employer is committed to granting foreign worker who recruited him to Iraq at his own expense a ticket to the country that have brought them unless it is cut off from the expiration of the contract work for the cause of illegal before.
Second employer shall bear upon the death of processing the foreign worker and his body was transferred to the original home or place of residence if his family requested it.
Article -31- The Minister may bring private and operation of foreign workers in Iraq, issuing instructions.
Material - 32. No foreign worker, legally resident in Iraq is to work, in non-legal status, or irregular just because he lost his job, does not follow the loss of a job in itself to withdraw the license of residence or work permit, unless the worker had not made violated Iraqi laws.
Article - 33 - of the ministry and workers' and employers' organizations, separately, the right to establish contacts and exchange information on a regular basis with a corresponding parties in the workers' countries of foreign mother or countries from which they came and the holding of bilateral agreements in order to follow the terms of use and working conditions of these workers from both the two parties in order to ensure the equitable use and equality of opportunity and treatment.
Article 0.34. Shall be punished by a fine of between three (3) times the minimum daily wage and (3) three times the minimum monthly wage for a worker every party or person violates the provisions of this chapter.
Chapter VI
Individual Work Contract
First branch
The individual labor contract
Article 35 first enters into a contract of employment, orally or in writing, by agreement ends Alemtemthleen employer and the worker. In the case of written employment contract, the employer shall organize the work contract in writing and an editor three copies signed by him and by the worker and retains both a copy and the third copy shall be deposited with the department. And it must include the employment contract minimum the following data:
A business owner's name and address and the type of project
B worker's name and date of birth, qualification and occupation, place of residence and nationality
C the nature and type of work, duration and date of commencement
Dr. Remuneration and any benefits or rewards that worker is entitled under the terms of the window and how and date and place of the performance of the agreed wage.
Its working hours and how to divide it
Second. May be the work contract period starts with the experience of its parties agreed, in the event of non-possession factor Vocational prove his skill in the assigned work, provided that no more than that the period of the experiment on the three (3) months from the date Mbacherth work, worker shall not be placed on probation more than once for the same employer.
Third, the employer terminate the contract during the probationary period, if it determines the validity of non-factor for the performance of work, provided that it shall notify the worker before (7) at least seven days from the date of termination of the contract
Fourth in the absence of a written contract of employment between the worker and the employer is the way they prove the existence of the contract and provide data on any rights and claims them under the contract
Article 36, first entered into fixed-term work for the implementation of specific or to provide specific service-related job or project ends on a certain date or date expected to be less than that on the duration of the contract one year.
Second. Shall not specify the duration of the contract in the ongoing nature of the business only when necessary business requirements hiring additional workers for certain period and work.
Third factor has to hold specific work period the same rights enjoyed by the permanent work contract worker.
Fourthly be a labor contract is a fixed term if renovated more than once.
Article 37 first may be a partial conclusion of a contract work and subject to the conditions of employment contract provided for in Article 30 of this Law.
Second, no less hours for part-time work contract (12) twelve hours and not more than (24) twenty four hours a week.
Thirdly enjoys partial factor to work all the rights and is subject to the duties stipulated in this Law
Fourthly calculated the financial rights and the days of annual leave for workers employed part-time contract in proportion between work hours and pay.
Article 38 If a worker came to the workplace and was ready for his performance and prevented that reasons beyond his control so he has to work and he deserves his wage
Article 39 first employer has the following rights:
Regulating the activity of a project
B functions and responsibilities of workers distribution
C take the necessary decisions on working
Dr. Supervise the work progress and the performance of workers to their assigned tasks according to the employment contract.
Second, the employer shall comply with the following:
A respect for the provisions of the contract of employment, collective agreements and the provisions of this law and its application
B provision of means of implementation of the work to the worker
C worker pay wages in accordance with the provisions of this Act
D providing health conditions for the work place and the necessary precautions to protect the worker while working
E providing opportunities for workers and the means to develop the knowledge and technical skills.
And delivery worker at work and arrived Mbacherth including handed him documents and documents and returned to him at the end of the contract of employment or when the agent unless required by replay consequent damage to the employer
G Every worker certificate at the end of the employment contract shows the history Mbacherth work and expiry date and type of work performed by the worker and to be asked to add any data to this certificate and the employer to respond to the request when the required information was added to the fact matching
H give the group a document clearance at the end of the employment contract, provided that the Group had fulfilled all its obligations to the employer in the case of failing worker has the right to resort to spend work to compel access to the requested document
I work statement and risk factor information before hiring
J. Provide appropriate to deal with workers' complaints and grievances and to facilitate access to and use of such a mechanism immediately and deal positively with the complaints mechanism without exposing workers to those applicants complaints to any sanctions.
K. Organizing dossier own personalized for each worker saves a copy of the decision of his appointment and all documents, certificates and information related to it, also it includes them all what occurs to put worker adjustments in his work or wages or rewards or penalties or anything other than that, that keeps the file for two years at least from the date of the end of the employment relationship.
For. Prepare an annual report for each worker by his direct supervisor it includes data on behavior, efficiency and production and specifying the level of efficiency factor and concludes with remarks direct President and his proposals and evaluation that saves the file worker with the contents of his report. That at least the number of workers in the project (15) factor.
M. Provide a copy of the official report on the basic rights granted to workers in the project, or any other relevant conditions of operation and working conditions information, to the Department at the request of the circle that information, provided that the employer provide the Chamber of this statement during a maximum period of one month from the date of receipt of the request.
N. Ensure equal treatment of all employees of the same profession and the same working conditions, whether in terms of wages was Ooualem_khassat Owalklaat Ooualemkaviat Oovrs vocational training or career advancement.
S. The employer shall provide the goods and services necessary for workers in remote locations at subsidized prices
T. The provision of goods and services required for workers in remote locations at subsidized prices.
Article 40 first factor has the following rights:
A payment of wages for work performed by the
To enjoy periods of daily and weekly rest in accordance with the provisions of the contract of employment, collective agreements and the provisions of this law
C equality of opportunity and treatment in the operation and use, away from any form of discrimination.
Dr. Work environment free of harassment.
E in respect of labor relations within the workplace
And take advantage of the vocational training programs
G informed of and consulted on matters with a direct impact on his work
H work in safe conditions and a healthy working environment
I bargaining to improve working conditions and conditions
The strike, according to the provisions of this law
As the freedom to form and join trade unions.
Second factor is committed to the following:
A. Lead his own duties entrusted to him carefully and Secretariat in accordance with the employment contract and the provisions of this law and the instructions and decisions issued for its implementation, and business systems installations issued by the employer and make the care of a person that does not conflict with the provisions of this law.
B maintain the employer's property placed in his custody and do not keep any records of the same bonds or securities belonging to work
C not to disclose any secrets seen by virtue of his work
E follow the occupational health and safety rules
And. Timeliness of attendance and leave and rest periods as stipulated in the labor system.
G not to come to work drunk or under the influence of drugs
H not to carry weapons in the workplace unless the nature of his work so require and be licensed to legally
I Altmard not the intention of getting rid of work
J not to receive any person in the workplace without the consent of the employer
K. To refrain from accepting any commission or other agents or contractors under contract with the employer, but with his knowledge and consent, provided that the funds are placed in a special fund and distributed equally to workers under the supervision of the employer, and are considered the funds from the wage supplements.
If for dysfunctional to act in the provision for non-work time
M not be used machine or device or machine did not cost the use of the employer
N that Ayakd meetings inside the workplace without the consent of the employer and the trade union competent to things purely trade union
Section II
Termination of the employment contract
Article -41- First employment contract ends in one of the following cases:
A. The death of the worker, the employer and the worker is paid to the family of the equivalent of two months salary, provided that the worker had spent in the service of the employer at least one year.
B if the worker sentenced by a court judgment is imprisonment for more than one year but if the judgment shall be re less than a year to work without wages worth the time spent by arrest or imprisonment
C in the case of the death of the employer if his personality irrelevant in the contract and can not complete the contract with the heirs
D in the case of liquidation of the project under a court verdict in the case of liquidation or optionally taking into account the provision of item (iii) of this Article
E if the parties have agreed in writing to end it
And the end of the term of the contract, if the fixed-term contract
G implementation of the action or provide the service, if the contract is for a specific job or a particular service
H resignation working condition to draw notice to the employer before thirty (30) days at least terminate the contract if the worker left work without direct notice or before the expiration of the period stipulated in the contract to pay compensation equivalent to the employer pay for the alarm or the remaining ones
I in the case of force majeure
Second, the employer termination of employment in one of the following cases:
If a worker was injured disease incapacitated for work and did not heal him during the six (6) months from the date of injury and it proved that an official medical certificate
B if the worker was injured deficit incapacitated for work amounted rate (75%) of the seventy-five percent or more of total disability and proved that an official medical certificate
C If the Group completed the retirement age, and then the end of his service deserves a reward according to the provisions of the law of retirement and social security for workers.
D when necessary working conditions in the project to reduce the size requirement of approval of the Minister
E when the worker commits behavior in breach of his duties under the employment contract
If a worker and posing false personal or presented false documents
G if the worker under which the experiment was not acceptable efficiency shows
H If the employee has committed a grave error originated with him a great loss hurt workers Oopalanteg work or judicial decision is
Third, not the employer may shut down his business or his suspension from work or liquidated only after obtaining the approval of the Minister
Article - 42. First, when the availability of one of the cases provided for in item (ii) of Article 37 of this Law, the employer Alarm worker in writing to terminate the contract in the absence of his warning is compensated instead of this warning and must not be less than the alarm (30) thirty days
Article 43 Group, which terminated his service deserves reward end service by wage (2) weeks for each year of service performed by the employer except the provisions of paragraph (b) of item (i) and paragraphs (e) and (g) and (i) of clause ( ii) of Article 37 of this Law
Article 44 first worker to appeal termination decision before the Commission of takedown that make up the instructions issued by the Minister or in front of the elimination work during the thirty (30) days from the date of notification of the termination of his service is waived for this challenge if it does not offer during this period, and if he chooses one of these two roads fell right in the other
Second, the decision of the Commission to end the service subject to appeal before the labor court during the thirty (30) days from the date Althblg done or considered as notified
Thirdly located on the employer the burden of proving terminate the service when you factor stabbed decision to end his service before the end of the Committee on the Elimination of service or in front of work
Article 45 first if found Committee takedown or a court that did not end the worker's service is based on one of the reasons set forth in Article 37 of this Law, it should decide to re-Group to complete its work and pay his remuneration for the period of termination of employment
Second, if the Commission decided to end the service or the court can not re-factor to his finished work from the date of the Commission's decision to hold or the court's decision and pay compensation to the worker the equivalent of twice the reward end of service provided for in Article 43 of this Law
Third in projects that use less than (5) five workers on a regular basis is a contract of employment terminated from the effective date of termination if the committee decided to end the service or the court, the requirement that the employer pays to the worker end of service benefits in accordance with the compensation provided for in item (ii) of this Article
Article 46 first employment contract does not end because of one of the following cases:
Membership in a trade union or participation in the times of his union activities outside work or during times of work with the consent of the employer in writing
B quest to get a recipe or a representative of the workers exercise this trait or already exercise
C file a complaint or instituting proceedings against the employer grievance laws
D enjoy working at one of the legal vacations
E. Discrimination in employment and occupation was either directly or indirectly.
And. Temporary absence from work due to illness or accident according to documented evidence of official identification.
Second is a void termination of employment on the basis of any reason set forth in item (i) of this article and in this case the Commission end the service or the court to decide Group to re-work and pay his remuneration from the previous period 0
B If a worker did not ask him back to work or the committee or the court decided that the re-working is not possible or impractical or inappropriate fair compensation has been decided that the exchange of at least twice the amount of compensation provided for in item (ii) of Article (41) of this is the law
Article 47 of the first worker to end the labor contract willingly individual without warning in the following cases:
A. If the employer breached one of its obligations prescribed in this Act or in the rules of procedure to work, or in the individual employment contract
B if the employer has committed a felony or misdemeanor against worker or family member at work or outside
C. If there is a serious threat to the safety of the worker or his health, provided that the employer is aware of the danger he is not working to remove it.
Second, the worker to ask the committee to end the service or from the court and compensation as provided for in paragraph (b) of item (ii) of Article 42 of this Law
Article 0.48. When you merge the project or the transfer of ownership of the heirs ceded to third parties or to sell it or rent it or Oostosmarh whole or any part of it, is the new employer is responsible for fulfilling the obligations to the former employer towards the worker in accordance with the provisions of this Act, the former employer remains liable jointly and severally with the new employer for the obligations arising from working relations, which have had it before the transfer of the project until his move
Article 0.49. First you hear the suit claim rights arising from the labor relations after three (3) years from the date of maturity, do not hear a lawsuit to claim compensation for damage caused by the criminal act after the expiration of five (5) years from the date of its inception
Second period specified begin to hear the lawsuit to demand the rights of the date on which the right is worth it, but he can not claim back money paid to the employer discharged from the right after his fall.
-50- Article shall be punished by imprisonment for a term not less than three (3) months and not exceeding one year or a fine of not less than (500,000) five hundred thousand dinars and not more than (1,000,000) million dinars every employer of violating the provisions of this chapter.
Chapter VII
First branch
Wages
Article 51 first cash wages paid to workers in Iraqi currency excluding Mains it work contract.
Secondly instruments may be paid wages or bank remittances condition that it be in accordance with the collective agreement or an arbitral award, or the consent of the Working Group on writing in the absence of such an agreement or resolution, with the worker's right to revoke this permission at any time
Thirdly. Wages paid at the end of the week if payment per week and at the end of the month if the monthly payment in the workplace or the nearest place him on to be a maximum delay payment of wages a maximum period of 5 days.
IV. Payment of wages in the form of promissory notes or vouchers or any other form according to replace the Iraqi currency or replace what is agreed upon in the contract of employment is prohibited.
Fifthly. Equality of pay for women and men to work of equal value
Article 52 First wages paid directly to the worker may be converted into a factor in the bank account which mutually agreed in writing to pay to the agent or factor.
Second, when the death of the worker paid all his dues to his successor in accordance with law
Article 53 First Ihzeraly employer:
(A) restrict the freedom of working in any way to dispose of his fees
(B) forcing the worker to buy the products work, shops, or goods imported by
Article 0.54. Considered void all waiver of wages established for operating under the provisions of this law and can not be booking them unless by judicial verdict.
First, Article 55 shall not be deducted worker's wage except in cases approved by the law among several things, including:
A. alimony legitimacy.
(B) the amounts owed by factor to calculate retirement circle and social security for workers.
(C) trade union subscriptions, according to the provisions of the Trade Union Regulatory Act.
Second may not total more than deductions (20%) twenty percent of the worker's wage if what earns less than three (3) times the minimum wage and (30%) Thirty percent of the employee's wages if wages increased from that limit, nor These percentages apply to deduct alimony debt.
III not subject to any debt owed to the benefit of the employer in the edema factor.
Article 56, first when the bankruptcy or liquidation of the project according to a judicial decision is treated workers Kdainin excellent and they deserve it when the following privileges:
A wage for (3) three months prior to the termination of his service
B wages of public holidays during the year in which his service and the previous year ended
C amounts due to it from other types of leave before the work is finished
D end of service bonus owed to workers
Second progress privileges set forth in item (i) of this article on the other, including the excellent debt State debt privilege
Thirdly pay the following debt before the debt owed by the employer to the worker pay:
A debt arising from the employer's commitment to support his family for alimony arising from his trust in accordance with law
B debt on the management of real estate employer insolvent or bankrupt, including legal fees and expenses of administration
Fourthly given the amounts due to the worker or his successor in rights under the provisions of this law the highest degree of excellence at all the money the employer movable and immovable property and collected the whole directly by all other outstanding debt, including amounts owed to the Government Treasury excluding alimony debt
Article 57 first. Group on the constituent elements should be reported to the fare before hiring him, especially provisions and automatic calculation of overtime and other increases or deductions and payment periods and manner, place and day to pay and should tell him the same information whenever there is a change in the elements of the taxi.
Second. Bouapana worker must provide a detailed written him pay his fees whenever documented period in which the work owed him salary, allowances and overtime and other deductions or increases, if any.
Article 58 should be a final settlement of the wage of the day following the termination of the contract, and if the termination of employment by the worker must pay his remuneration due within seven (7) days from the date of his employment
Article 59 First Employer shall keep a record of the wages and hours of overtime a worker's wage and deductions that has him and the net wage which has to be this record devoid of any vacuum or delete details or gloss, and is subject to monitoring and auditing of labor inspectors in the ministry included
Second Atbara edema employer of religion compensation only factor in the signing of the wages and record Ayad signed it without any reservations for a waiver from any of its rights
Section II
Wage determination
Article 60 first determines the worker's wage under the individual employment contract, provided that at least wage fixed for his career under the binding to the employer In all cases, the collective agreement is not permitted to be less than the worker's wage for the minimum wage set by law
Secondly it intended the minimum wage, the wage set by law or in a project scheduled to pay the employer according to the individual contract or collective action, whichever is greater.
Article - Article 61. The deletion of being owned by the terms and conditions of employment in public work contracts not related to the separation of wages and the ministry may issue instructions to regulate the terms and conditions of work and workers in projects that have a single point where the parties to the contract public.
Article 62 constitute the first decision of the Minister for the committee to propose minimum wage worker periodically from:
A director general of the Department of Employment and loans President
B assistant general manager of the Department of pension and social security for workers A member
C assistant general manager of professional training department member
D representative of the Ministry of Planning and a member
Its representative of the employers' organization the most representative member
And a representative of the workers' organization most representative member
G two members of the experienced and competent various aspects of wage policy chosen by the minister
Second Minister presents a proposal to the Cabinet Committee
Thirdly it is taken into account when determining the minimum wage as follows:
A needs of workers and their families
B the general level of wages in the state
C cost of living and changes therein
D-economic factors, including economic development and the level of productivity requirements and the desire to achieve a high rate of employment and preservation
IV. Worker covered by the provisions of this law is worth an annual increase patrol of the maturity of this increase and determine the instructions issued by the Minister
Fifthly. Worker covered by the provisions of this law is worth an annual periodical increase in wages from the date of maturity when it was completed a full year of work for the same employer, and determine the proportion of this increase is in accordance with the labor market indicators for each project and agreement of the parties with the relationship
Sixth adjusts the minimum wage from time to time to match the cost of living and other economic conditions, and conducted periodic review every (2) two years.
Article 63 shall be punished by a fine of not less than twice the minimum monthly wage set by law every person who violates the provisions relating to wages stipulated in this law and if the violation related to pay at least the minimum wage Viltzm offender in addition to the payment of the fine imposed on it, to pay compensation to the worker equivalent twice the difference between the wages paid and the minimum wage
Article 64 first comment employer in a prominent place an advertisement of the project adequately teaches workers wages applied in the project that not less than the minimum wage prescribed by the law ..
Second, any worker sued wage paid less than he deserves he may recover the difference between working overtime and deserves.
Third Group that if the employer paid him paid less than the agreed wage claimed in his project the employer the burden of proving that he paid to the worker wage it.
Chapter VIII
Work time
Article 65 meant hours of work time law to the factor which its obligations specified in the contract of employment and do not pertain to the periods of rest and eat and setting a date for the start of the work has been completed and work system
Article first no more than 0.66 hours Alamlaleoma to (8) eight hours a day or (48) Forty-eight hours a week, subject to the exceptions set forth in this law.
Second, the business performed works double shifts in intermittent may not be that the duration of survival factor than in the workplace (10) ten hours should not exceed the actual hours of work on the (8) eight hours a day
Thirdly. Reduce daily working hours in hazardous and cumbersome business Owaldharh health and determine such acts and maximum hours of work in accordance with instructions issued by the Minister to propose the National Centre for Occupational Health and Safety
Fourthly exempted from the provisions of this Article Mayati:
A project which only members of the employer's family does not work out
For people who hold jobs supervision and management
C employed persons acting require secrecy
D workers who are preparatory or complementary performed outside the prescribed limits Macs for hours workers in the project
Its workers guard
And delegates to do work outside their projects
G agricultural workers
Fifthly Minister shall issue instructions where he worked cases stipulated hours specified in item (iv) of this article.
Article 67 First we have to permeate the working hours rest period or more for a total of at least half an hour and not more than an hour and the employer determines a timely manner through the ads plastered in places phenomenon in the workplace that the hours of work relating to not more than five (5) hours
Second, every worker is granted a rest period of not less than (11) eleven consecutive hours between every two working days calculated from the actual end of the working day and the beginning of the next business day.
Thirdly worker shall be in projects that can not be stopped work where technical reasons or because of the nature of production or the work performed by a rest period or more for a total of at least half an hour.
Fourth in a business with a two-shift is not permitted to be less than the rest period between them for (1) hour and not more than (4) four hours and can be determined in the collective labor contracts
B workers who work more than Time Visthakon rest period (11) eleven consecutive hours between the end of the first-time and second-time start
Fifthly the driver is not permitted to run factor driving continuous for more than (4) four hours without a rest period and are limited to instructions issued by the Minister
Article 68 is the first work:
Pursuant to a Nahariya if between the hours of (6) six in the morning and (9) nine at night
For night work if it is between the hours of (9) nine at night and (6) six in the morning
C if it is in accordance with a mixed time in daytime work which relates to night work and vice versa should not exceed in this case the duration of night work on the three (3) hours.
Second it is not permitted to increase working hours in the following cases on Mayati:
7 (a) seven hours a night work
B (7) seven and a half hours in mixed action
Thirdly it may not be working in the business that take place alternately between day and night operation for more than thirty (30) consecutive days in each bout
Article 69 first employee is entitled to a weekly rest of not less than (24) twenty four hours continuously and be paid on Friday, the weekend and may be replaced another day in the week.
Second regulates employer dates of workers get weekly rest in one day for all workers whenever possible, or alternately the condition that determines each worker a date fixed for the weekly rest
Third, the employer in agreement with the workers employed weekly rest days and public holidays to be paid their salaries in accordance with the rules of extra work and give them a rest day in the next week
First, Article 70 shall not exceed the working hours stipulated in Article (67) of this Act, except in one of the following two cases:
A case of an accident or the likelihood of occurrence or if you work for the reform of the mechanisms of forced or equipment, or in the case of force majeure to be increased to the extent necessary to avoid the usual necessary for the project stops working
B required if working conditions do continuously on consecutive shifts to the condition that no more than the total weekly working hours on (56) fifty-six hours, and does not affect the worker's right to give him a day of rest as compensation for the weekly rest
Second, in exceptional cases which can not apply the text of Article 61 of this Law, it could be that the agreement between workers 'and employers' organizations to increase the daily working hours for a limited period of time binding owners becomes the condition that no more than the average number of weekly working on the number of weeks covered by the hours in agreement (48 ) forty-eight hours
Thirdly the ministry after consultation with workers 'and employers' organizations related to the grant:
A permanent exceptions permitted in the preparatory and complementary actions set forth in paragraph (d) of item (iv) of Article (61) of this to be carried out outside normal working times in the project, or the categories of workers who require their businesses to be intermittent law
B temporary exceptions permitted to meet the exceptional cases of pressure of work
These exemptions are granted in the following cases:
(1) face the pressure of work is phenomenal because of holidays or seasonal business or otherwise
(2) repair or maintenance of hardware or tools and machines that stoppage might disrupt the work on the project
(3) avoid exposure materials or products damaged
(4) conduct annual inventory Final Ooal_husabat or standby for the liquidation of the season and the opening of the new season
Fourth on the ministry when granting these exceptions text on maximum overtime in each case, the amount of extra work, which should be an increase of 50% of the ordinary course of pay if the work of Nahariya and not less than twice the wage if the work Lilia or if you work hard instead or harmful and to compensate the worker in one day rest days of the week if dabble in the weekly day of rest.
Fifthly subject to extra work Mayati:
A. It is not permitted to increase overtime hours in industrial businesses that take place alternately at one hour per day
B is not permitted to increase overtime hours in the preparatory and complementary works for industrial business or if you experience unusual business on (4) four hours a day
C It is not permitted to increase working hours extra in the Non-Industrial (4) four hours a day
D is not permitted to increase working hours in the transport over the entire time driving roads, including hours Alamlaladava to (9) nine hours a day, (48) forty-eight hours a week, and reduce the total hours of business leadership in the event of leadership in difficult situations
H requires not running any worker more than (40) forty hours of overtime for a period of ninety (90) days and (120) one hundred and twenty hours additional work for (1) year and identifies the minister's instructions this business overall and the time it is applied to the drivers concerned
VI. Intended to overtime in accordance with the provisions of this law any business being in the daily or weekly or in excess of the daily work hours breaks OEM holidays and public holidays legally approved.
Article 71 first if work stops completely or partially as a result of exceptional circumstances or force majeure For the employer pay workers' wages from the stop up to a period of thirty (30) days and the employer mandate factor to the work of another similar or work extra unpaid compensation for time lost on that no more overtime is paid on (2) two hours a day and thirty (30) days per year
Second, if the work was stopped because he employer pay workers' wages for a full stop period has run an additional factor unpaid work within the limits set forth in item (i) of this Article
Article 72 shall be punished by the owner of the offending action the provisions of this Chapter a fine of not less than (250,000) two hundred and fifty thousand dinars and not more than (500,000) five hundred thousand dinars multiple fine as the number of workers who signed their business in violation
Chapter IX
Vacations and holidays and public holidays
Article -73- First, workers enjoy a rest stop in the days of the holidays and holidays established under the law and get her full pay
B factor enjoys a comfortable weekly not less than one day with full pay
Second. Worker may be running within days, holidays or public holidays except weekly rest for one of the reasons set forth in item (iii) of Article (65) of this law paid multiplier in addition to wages
Third, it does not count among the feast days of annual leave and public holidays occurring during the enjoyment factor Bojazath.
Fourthly factor that works to hold a limited period of work, or the agent trainee annual paid leave as much entitlement for the entire duration of the contract is worth before expiry
Article 74 first employee is entitled to one year after his vacation full pay for a period (21) and twenty-one days at least for each year of work
Second factor in hazardous Aoualemrehgh business worth Awaldharh fully paid vacation for two (30) at least thirty days for each year of work
Thirdly added to the annual vacation spent working in the same employer and service as follows:
2 (a) two days (5) for the first five years
B (2) days (5) for the second five years
C (3) three days for each five (5) years during the subsequent service
Fourthly employee is entitled to a vacation for the year in part commensurate with that part
Fifth working days calculated from the interruption of business for reasons beyond his control, such as illness, injury or accident or situation from within his term of office and deserves her annual leave
Sixth annual leave days calculated actual working days for the purposes of this Act
Article 75 first factor that enjoyment. Vacation stipulated in Article worth (69) of this law Agra for the entire duration of not less than his remuneration which excise rate during the last six (6) months of its operation
Secondly exempted from the provision of item (i) of this Article, transportation, food and risk allowances
Thirdly pay the amounts set forth in items (i) and (ii) of Article (69) of the Act for the enjoyment factor before. Vacation
Fourthly employee is entitled to a cash compensation for the days that you do not enjoy it from his annual leave at the end of his contract and the amount of compensation is calculated in this case on the basis of the last wage worker working overtime
Article 76 of the first worker to enjoy annual leave at once or in the form of payments
Second. It may be divided annual leave, when necessary work requirements or interest factor that, to a period of at least one of them for (14) fourteen consecutive days and are enjoying Palmtbaka of time in the manner as may be agreed between the worker and the employer during a period not exceeding the following business year.
Article 0.77. I. rules of procedure of the work of times determines that workers enjoy annual vacations and otherwise fulfilled then the Employee is entitled to annual Bajazath while consistent with the employer subject to paragraph (ii) of Article (71).
Second, the employer enable the worker to enjoy the annual Bajazath set forth in this law.
III in the event of the end of the employment contract worker did not enjoy the annual Bajazath within a year of work that the employer worker compensation at full wages for the period of leave that are not enjoyed by the addition to the wage for the work done in that period.
Article 78 The first factor is not permitted to be exercised any paid through the enjoyment of the annual Bagazath
Second is void every agreement to abandon the worker's right to enjoy the minimum annual leave with pay or assign them to meet compensation or for any other reason
Article 79 first factor fully paid sick leave pay from your employer for two worth thirty (30) days for each year of work
Second it may be the accumulation of sick leave that the worker is entitled under the provision of item (i) of this Article up to (180) one hundred and eighty days
Third If the employee illness lasted content which exhausted the entitlement of paid sick leave, apply the provisions of the law of retirement and social security for workers.
Fourthly employer retirement circle and social security for the workers to pay what is due to the worker substance from the wages of sick vacations paid him more than thirty (30) days of the year according to the provisions of clauses (i) and (ii) of this article.
Article 80 first sick leave granted based on a medical report issued by the competent medical accredited to the employer or by an official medical point
Second is to enjoy a period of sick leave active service for purposes of this law and other laws
Article 81 first factor fully paid vacation worth for personal reasons in the following cases:
A marriage factor (5) five days
B marriage son or daughter Working Group (1) one day
C death of the husband or wife, father or mother, son, daughter, brother, sister or one of the parents husband or wife (5) five days
Second. Secured worker whose husband has died enjoy vacation for two (130) one hundred thirty-day fully paid for several that spend according to the law.
Third factor is granted leave without pay pilgrimage and once during his service and according to his request
Fourthly employee is entitled to full vacation with pay for performance of official duties or the public to exercise the right to vote or to attend court as a witness or expert in other cases stated in the law or in collective labor contract
Fifthly employee is entitled to fully paid vacation to do the duties that the union provided for in the collective agreement applicable
VI. The employer, if necessary, to grant worker, at his request, leave without pay.
Article 82 Whoever violates the provisions related Alamlualajazat hours stipulated in this Law, a fine of not less than (50,000) fifty thousand dinars and not more than (100,000) one hundred thousand dinars multiple fine as the number of workers who signed the offense in their business
Chapter X
Working Women's Protection
Article 83 An employer who uses more female workers place a copy of the special protection of women working in the bulletin board at work verdicts
Article. 84. Ola.ihzer forcing women pregnant or breastfeeding women to perform additional work or any work prepared by the competent health harmful to health of the mother or the child, or if the medical examination proved the existence of a significant risk to the mother or child health
Second. It prohibits women working in the grueling business or harmful to health and the specific operation in accordance with instructions issued under Article 61 (III) of the Act.
First, Article 85 is not permitted to run working women work night, but if the work is necessary or due to force majeure or to maintain the raw materials or perishable products or if there is a force majeure led to stop work on the project stopped was not expected to be no repeat that
Secondly, working women given a daily rest period of not less than (11) eleven consecutive hours, including necessarily be at least seven (7) hours of the night period between the time (9) nine at night and time (6) six in the morning
Thirdly Eisera to the provision of item (i) of this article on the following categories:
A businessman working in administrative or commercial
B workers in health services or recreational
C workers in the transport and communication services
Article 86 First deserve special pregnancy and labor situation fully paid vacation for a period of not less than (14) fourteen weeks per year
Second, a pregnant worker to enjoy before. Vacation eight (8) weeks days of the expected date of a medical certificate issued by the competent authority
Thirdly. Pregnant continue working after binding to the enjoyment of the situation, including the remainder of this leave to be not less than the period of such leave to (6) six weeks after childbirth.
IV. Extends leave the prenatal period equal to the period between the supposed date of delivery and the actual history without reducing the period of compulsory leave after childbirth.
Fifthly. Medical hand competent to decide to make a period of leave provided for in item (i) of this Article period no longer than nine (9) months in the case of difficult childbirth or the birth of more than one child or the appearance of complications before Obadh situation and be duration in excess of what is provided for in item (II) of this Article shall apply vacation guaranteed retirement provisions of the law and social security for workers.
VI ensures a working mother to leave at the end of pregnancy, childbirth and motherhood to return to the same work Auaml his equal and the same pay.
Article 87 is not permitted for a working mother during pregnancy and childbirth leave that operate paid work for others.
Article 88 of the working mother with the consent of the employer to enjoy the holiday, a private maternity care of her child without pay for a period not exceeding one year GOES where to take care of her child if it did not complete one year of age and longer employment contract suspended during this period.
Article 89 may not be the worker to benefit from maternity leave own to take care of her child for other purposes and if it is proved the functioning of the labor enjoyed this holiday remunerated employment for others deemed leave canceled and the employer may request to force a return to work has the date set by it.
Article 90 allows the first working Pfterta breastfeeding women breast-feed during the working day does not exceed one hour and longer breastfeeding period of working hours.
Second exempt from work, the worker of his or her child or more under six years of age if he needs a sick child to care, for not more than three (3) days for each case so require, and the consequences of this exemption not Asthakagahma wage for the duration of Angtallma work.
Article 91 on the first employer who uses women provide places for Raanhn according to business requirements.
Second, the employer is committed to projects in which workers operate the establishment of nurseries alone or in combination with the employer in a project or other projects in accordance with instructions issued by the Minister.
Article 92 of the provisions of this chapter shall not apply to workers in the middle of a family does not function in which only members of the family under the direction and supervision of the husband or father or mother or brother.
Article 93 Any employer who violates the provisions of this Chapter a fine of not less than (100,000) one hundred thousand dinars and not more than (500,000) five hundred thousand dinars.
Chapter ten atheist
Protection of Juveniles
The original text
First, Article 94 prohibits the employment of juveniles, or entering the workplace, in the business that could harm nature or working out conditions to their health, safety or morals
Secondly, the Ministry and in consultation with workers 'and employers' organizations related to periodic revision and whenever the need arises for the menu item to which it applies the provision of item (i) of this Article These include, for example, but not limited to the following:
A work underground and under the water's surface and in the highlands of hazardous and confined spaces
B working mechanisms and equipment and dangerous tools or that require manual intervention or citing heavy loads
C work in an unhealthy environment for risk exposure events or exposure to extreme temperatures or unusual noise or harmful to their health Alahtzasalve
D work in difficult conditions for long hours or in some night work conditions
Thirdly. It prohibits the employment of juveniles at night or mixed business.
First, Article 95 is not permitted to run events in the business allowed furthest undergo a comprehensive medical examination of the medical committee emphasizes physical fitness and the ability to work to be employed in it
Second issued a certificate to prove fitness for the event of a work according to the following:
A specific operating conditions
B specific work or specific actions have set the same health risks as a group classified by the competent authority
Article 96 First Fitness events remain to do the work under health surveillance until completing their age (18) eighteen
Secondly events medical tests subject to repeated each year in at least the continuation of their employment
Third, you must repeat the medical examinations for fitness work until they reach working age (21) in the twenty least in business that decides the competent authority that it contains high health risks
Fourthly it may not be that the worker bears the event or his parents for the cost of any medical tests set forth in items (ii) and (iii) of this Article
Fifthly it intended the relevant department for the purposes of this chapter, the ministry responsible for labor or the ministry responsible for health or both
Article 97 first may not be that the duration of an event that did not reach the work of more than (16) the age of sixteen to seven (7) hours per day
Secondly must permeate the daily working hours or more a break for at least an hour shall be identified in the fact that continuous work for no longer than (4) four hours
Article 98 is worth an event that may run annual leave with pay for thirty (30) days per year
Article 99 on the first employer who is employed Events law allows put a copy of their protection in a prominent and clear place in the bulletin board verdicts in the workplace
Second, the employer organizing special events record includes names, age and business entrusted to them
Article 100, the employer put the medical certificate proving fitness factor event to work provided for in Article 90 of this law in a file and give it to labor inspectors to review it or give labor inspector record upon which the certificate number memorized
Article 101, if you find the work relationship between an employer and an event is not permitted to run under the provisions of this law, the employer shall pay the agreed his remuneration and compensated in the event of injury at work or from the virus, regardless of the availability of the wrong corner
Article 102 shall not apply to the provisions of this law on the events over the age of (15) fifteen years old and working in the middle of a family under the direction and supervision of the husband or father or mother or brother that produce for domestic consumption and not use salaried workers
Article 103 shall issue directives on business events that are harmful to the health, safety and morals of hazardous business, unusual temperatures or noise or vibration Minister
Article 104 punishes the owner of the offending action the provisions of this chapter the death of not less than (100,000) one hundred thousand dinars and not more than (500,000) five hundred thousand dinars source