Iraq

In Iraq, the termination of employment contracts is governed by a specific framework under the Iraqi Labour Code (Law No. 37 of 2015). This law outlines several valid reasons for terminating an employment contract, including mutual agreement, expiry of a fixed-term contract, resignation by the employee, death of the employee, employee imprisonment, business liquidation, and force majeure. Employers can also dismiss employees for disciplinary reasons, such as misconduct or repeated violations of company regulations, but this typically involves issuing warnings and following a disciplinary procedure before resorting to termination.

Notice Requirements

The Iraqi Labour Code mandates notice periods for both employers and employees who wish to terminate an employment contract. If the employer is terminating the contract, they must provide at least 30 days' written notice to the employee. Failure to provide proper notice results in the employer owing the employee compensation equivalent to wages for the notice period. Similarly, employees must also provide at least 30 days' notice if they intend to resign.

Severance Pay

Iraqi law requires employers to provide severance pay in cases where the employment contract is terminated by the employer, except for specific disciplinary reasons. The severance pay calculation is as follows:

• 15 days' wages for each of the first five years of service
• One month's wage for each additional year of service

Iraq's legal framework for combating discrimination is anchored in its Constitution and specific labor regulations. This framework provides protection against discrimination based on several grounds, including gender, race, ethnicity, nationality, origin, color, religion, sect, belief, opinion, and social or economic status.

Protected Characteristics

The Iraqi Constitution of 2005 upholds the principle of equality and explicitly prohibits discrimination. Here are the protected characteristics:

• Gender: Equal rights for men and women are guaranteed.
• Race: Discrimination based on race is not allowed.
• Ethnicity: All Iraqi citizens are equal, irrespective of their ethnic background.
• Nationality: Discrimination based on nationality is prohibited.
• Origin: Equal rights are safeguarded regardless of origin.
• Color: Discrimination based on skin color is impermissible under Iraqi law.
• Religion: Citizens have the freedom to practice their religion without discrimination.
• Sect: Discrimination based on sect or religious affiliation is prohibited.
• Belief: Freedom of thought and belief is protected.
• Opinion: Freedom of expression and opinion is protected.
• Social or Economic Status: The law aims to prevent discrimination stemming from differences in social or economic standing.

Redress Mechanisms

Although Iraqi law prohibits discrimination, the avenues for legal redress are limited and often challenging to navigate:

• Iraqi Penal Code: This code contains provisions that criminalize actions such as incitement to violence based on discriminatory grounds.
• Labor Law: The Iraqi Labour Code contains anti-discrimination provisions, particularly addressing discrimination in employment settings. Complaints can be filed with the Ministry of Labor, but the effectiveness of this enforcement mechanism can be inconsistent.

Employer Responsibilities

Employers in Iraq have a general obligation to create a workplace free from discrimination. While there are no specific anti-discrimination laws mandating internal policies, progressive employers can take proactive steps:

• Non-Discrimination Statements: Companies can include a clear statement prohibiting discrimination in their employment policies.
• Training and Education: Employers can provide employees with training on diversity, inclusion, and unconscious bias to promote a more equitable work environment.
• Grievance Procedures: Employers should establish a clear process for employees to report instances of discrimination, with prompt investigation and corrective action.

Iraqi labor laws establish guidelines for various aspects of working conditions to ensure employees' well-being and fair treatment. These standards cover work hours, rest periods, and ergonomic provisions.

Working Hours

The Iraqi Labour Code (Law No. 37 of 2015) sets the following standards for working hours:

• Maximum Workweek: The standard workweek in Iraq consists of 48 hours. This can be distributed across six days, with a maximum of eight hours per day.
• Overtime: Employers can require overtime work under specific circumstances. Overtime pay must be at least 25% higher than the regular hourly rate.

Rest Periods

Iraqi law mandates rest breaks to promote employee well-being and prevent fatigue:

• Daily Rest: Workers are entitled to a minimum of one hour's rest after five consecutive hours of work.
• Weekly Rest: Employees must be granted one full day of rest per week. This typically coincides with Fridays.
• Official Holidays: Iraqi laws recognize official holidays and public holidays during which employees are entitled to time off.

Ergonomic Requirements

While Iraqi law doesn't have a specific legislation dedicated to ergonomics, the Labour Code emphasizes workplace safety, which indirectly encourages ergonomic considerations:

• Workplace Safety: Employers have a general obligation to create a safe and healthy work environment. This may include minimizing ergonomic hazards through measures like providing adjustable furniture, promoting good posture practices, and scheduling regular breaks.
• Risk Assessments: The Labour Code encourages risk assessment to identify workplace hazards, which can include ergonomic risk factors.

Ensuring a safe and healthy work environment is a priority in Iraq. A set of regulations outlined in the Labour Code (Law No. 37 of 2015) establishes a framework for workplace safety. This framework assigns clear obligations to employers, safeguards employee rights, and designates enforcement responsibilities to government bodies.

Employer Obligations

The Labour Code emphasizes the employer's responsibility to create a safe and healthy work environment. Key employer obligations include:

• Hazard Prevention and Mitigation: Employers must take active steps to identify, prevent, and minimize workplace hazards such as accidents, fires, and exposure to harmful substances like dust, chemicals, and radiation.
• Provision of Personal Protective Equipment (PPE): Employers are obligated to furnish employees with appropriate PPE based on the specific workplace risks.
• Safe Work Practices and Training: Employers are responsible for establishing safe work procedures and providing employees with proper training on these procedures and the potential hazards associated with their jobs.
• Accident Reporting: The Labour Code mandates employers to report work-related accidents to the Ministry of Labour and Social Affairs (MOLSA).

Employee Rights

Iraqi employees enjoy a well-defined set of rights under the OSH framework:

• Right to a Safe Workplace: Employees have the legal right to work in an environment free from foreseeable hazards.
• Right to Information and Training: Employees are entitled to receive information and training on workplace safety procedures and potential risks.
• Right to Refuse Unsafe Work: Employees have the right to refuse to perform tasks they believe pose a serious threat to their health and safety, provided they can justify their concerns.

These rights empower employees to actively participate in maintaining a safe work environment.

Enforcement Agencies

The primary responsibility for enforcing OSH regulations in Iraq falls on the Ministry of Labour and Social Affairs (MOLSA). MOLSA carries out these tasks through its dedicated departments:

• Labour Inspection Department: This department conducts regular workplace inspections to ensure compliance with health and safety regulations.
• Occupational Health Department: This department focuses on promoting occupational health practices and conducting research on workplace hazards.

These departments work together to ensure a comprehensive approach to workplace safety enforcement and promote a culture of prevention.