new labor law in Iraq of year 2015 English version by Ahmed Al-Juboori

Labor Law in Iraq no. 37 of year 2015

Name of the people Presidency Based on what passed by the House of Representatives and approved by the President and base on rule of item (1 st ) of article (61) and item (3 rd ) from article (73) of the Constitution Issued the following law:

Chapter One - Definitions Article 1 :-

Means the following terms and expressions for the purposes of this Act and the meanings set forth: First ministry: the Ministry of Labor and Social Affairs Second Minister: Minister of Labor and Social Affairs Third. Department: Employment Service and loans Fourthly the competent authority: any party responsible for the implementation of the provisions of this law. Fifthly. Work: every human effort his intellectual or physical factor for any effort, whether permanent or casual or temporary or part-time or seasonal. 6 th . Employee: each natural person, whether male or female work under the guidance and supervision of the employer and under his administration running either a written contract or oral, express or implied, or for training or testing or the intellectual work or physically for a wage of any kind and under this law Seventh: secured Employee: everyone who works in a group work project or individually or in the informal labor sector and pay the security deposit subscription to the pension fund and to ensure the employees to any of the guarantees, services or compensation or remuneration or salaries provided by the Fund for the employee secured by. Eighth: the employer every natural or legal person employing one or more for a wage of any kind. Ninth: employment contract: any agreement, whether explicitly or implicitly orally or in writing whereby Employee to work or provide a service under the direction and supervision of the employer for a wage of any kind. Tenth: temporary work: The nature of the work requires the implementation and accomplishes a specified period. Eleven: casual work: work that dictated the necessities of an emergency nature, but it does as practiced by the employer of activity and does not exceed a period of six months to accomplish Twelfth: forced labor: all work or service which forcibly imposed on any person under the menace of any penalty this per-

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son did not volunteer for his performance voluntarily Thirteenth: partial labor: work that is done in working hours less than the normal daily working hours stipulated in this Law Whether it leads to work on a daily basis or for certain days of the week and calculated work hours on a weekly basis or on the basis of the average in a certain period of use. Fourteenth: Wage: what it’s worth for every employee on the employer in cash or in kind for a work from any type it is, Appends is one of the complements given to all employees from the provisions of any kind and wages owed for overtime Sixteen: Labor disputes: Any dispute between the employee and group of employees and employees’ organizations, or a combination of them on the one hand with an employer or a group of them or Employers organization or group of them on the other hand about the rights of the provisions of this law and other laws related to the employees and work or about cases related to the ways of doing or explanation contract of individual work or agreement of group work or arbitration Decision. Or arising out of disputes over the future interests related to proposal to amend the terms of use or adoption of new Terms of use. Seventeenth: collective negotiation: negotiation among employer of group of them or one or more from their organization on hand and employees organization or more, And employees ‘representatives elected in accordance with this law in case of absence of employees’ organizations on the other hand, to Identify labor relations or its conditions and the organization of relations between these parties or organizations. Eighteenth: collective agreements: All written agreements governing the terms and conditions of employment and its relationships and operating provisions relating to working conditions and conditions of use which are held between an employer or a group of them or Employers organization or group of them on the one hand And one or more organizations to labor unions or elected representatives of the employees in case of absence of employees’ organizations, on the other hand. Nineteenth: trainee: Each person in the preparation, training and rehabilitation phase. Twenty: Training programs: include vocational and educational training or leadership. 21 st : The young employee: For purposes of this law every person, male or female was 15-year-old and didn’t reach the (18). Twenty two: Child: any person didn’t get the (15) years old. Twenty-third: Employees Organization: Free labor organization with financial and administrative independence and has moral character representing the interests of employees and defend their rights and work to improve their working conditions and representation in front of the various parties

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according to the law. Twenty-fourth: foreign employees: Every natural person who does not hold Iraqi citizenship working or wishing to work in Iraq as an employee unlike the work is not for his own business. Twenty-fifth. Project: Every natural position managed by the natural or legal person It uses one or more according to the employment contract. Twenty-sixth. Direct discrimination: Any distinction, exclusion and preference based on race, color, sex, religion, sect, opinion or political belief, or national origin. Twenty-seventh. Indirect discrimination: It is the exclusion of any discrimination or preference based on sex, age, or health status, economic status, social status Or membership and trade union activity And have the effect of nullifying or impairing equality of opportunity or treatment in employment and occupation.

Chapter II- Goals and Effective Article 2 :-

This law aims to regulate labor relations between employees and employers and their organizations in order to protect rights of both and the achievement of lasting development based on Social justice , equality and to ensure decent work Without any discrimination of the national economy building and human rights and fundamental freedoms, organization of work for foreign employees Or wishing to work in the Republic of Iraq Implementation of the provisions of the Arab and international labor conventions ratified by law.

Article 3 :-

1 st : The provisions of this law shall apply to all employees in the Republic of Iraq Or who are in their judgment unless stated otherwise item II. 2 nd : The provisions of this Act shall not apply to: A- Public officials appointed in accordance with the Civil Service Act or a special legal provision. B- The armed forces and employees of the police and internal security personnel.

Chapter III - Basic principles Article 4 :-

Work is a right for every citizen capable and State shall endeavor to provide it the basis of equal opportunity, without any kind of discrimination

Article 5 :-

The law guaranteed the employeeâ&#x20AC;&#x2122;s right in his services and the period of profession and employeeâ&#x20AC;&#x2122;s service secured calculated as actual service for purposes of determining the salary and

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retirement for the Iraqi employee at a job recruitment in government departments and the public sector.

Article 6 :-

Freedom of work is guaranteed not be denied the right to work, the state has adopted to promote full work and productive and respects the fundamental principles and rights in it Whether in law or in practice Which include: First. Freedom of association and the effective decision and the right to collective bargaining Second. The elimination of all forms of forced or compulsory labor Third. The effective abolition of child labor Fourth. The elimination of discrimination in employment and profession

Article 7 :-

The minimum age for employment in the Republic of Iraq is 15 years.

Article 8 :-

1 st :this law Prohibition any violation , overtaking the principle of equal opportunities and equal treatment Whatever the reason was , especially discrimination between employees Whether direct and indirect discrimination All related activities of vocational training and employment or conditions of working or it circumstances. Second: This law ban mortgage agent runs on condition of not joining the union or gives his membership up. Third :it Is not considered discrimination any distinction, exclusion or preference in connection with certain work if it is based on the basis of the qualifications required by the nature of this work .

Article 9 :-

first - This law prohibits forced or compulsory labor in all its forms, including: a- Labor in debt or slavery b-Work by the limitations linked to people c-Secret Trade of persons and migrant employees, which is the nature of work is non optional d-Domestic work, which includes compulsive factors Second: work Is not considered algebraically or mandatory if it is according to the following: A-Services and any actions taken forcibly from anyone Based on the conviction of a law court, on condition that these services or carry out business under the supervision and control of public authorities and that this not be

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a person rented to individuals, companies or associations or be the subject at their disposal. B-For the completion of any work or service that is part of the normal civic duties in accordance with the provisions of this law C-Any behavior or grabbing service in emergency situations in general, any circumstances threaten the survival or well-being of the population as a whole or some of them.

Article 10 :-

1 st :This law prohibits sexual harassment in works or profession whether at the level of job search or vocational training, operation, or the terms and conditions of employment. Second: This law prohibits any other behavior creates an intimidating work environment, hostile or degrading treatment or those who ask you this behavior. Third: sexual harassment intended accordance with the provisions of this law any physical behavior or Verbal of a sexual nature or other conduct based on sex and affects the dignity of women and men and to be undesirable, unreasonable and insulting to those who received Anyone who refused to lead and not subject to this conduct explicitly or implicitly affects to make a decision on his job.

Article 11 :-

first-A employee has the right to the Labor Court to a complaint when exposed to any form of forced labor, discrimination or harassment in employment and occupation. Second : Shall be punished by imprisonment for a period not exceeding six months, a fine not exceeding one million dinars Or either Any person who violates the provisions of Articles contained in this chapter relating to child labor, discrimination, forced labor and sexual harassment according to each case.

Article 12 :-

If the main business owner asked another employer to perform a work of his works or part of as a subcontractor that was in one working conditions, the employer have to equal to between his employee and employees of the main work owner in all rights and solidarity both with the other.

Article 13 :-

In order to determine whether any person using by someone else, The Court shall determine the nature of the relationship between the parties by Inference of the facts relating to the performance of work and the wages paid to the employee ,despite of description of any Contrary Order, Contractual or non-contractual It may be agreed between the parties.

Article 14 :-

first: the rights in provision of this law represent the minimum

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level of the employeesâ&#x20AC;&#x2122; rights and not affected on any rights of the employee according to any other law, contract of work or any deal or decision if they give a rights to the employee better than these law. Second: becomes invalid every condition in a contract or deal waived by the employees from any rights granted to him in this law. Third: When there is no provision in the law it can be the back to the provisions of the Arab and international labor conventions Related approved legally

Article 15 :-

periods date in this law shall account with AD calendar and the year for the purposes of this law is 365 day and the month is 30 day.

Article 16 :-

Arabic is the accredited language in all, the Kurdish beside the Arabic language in Kurdistan and it may not be invoked facing the employee with any written document with any foreign language, even if authenticated signature.

Chapter four - Employment and Vocational Training Branch one - Employment

Article 17 :-

first- Formed by a decision from the cabinet committee called the Supreme Committee for the planning and operation of the labor force Chaired by the Minister and the membership of representatives from each of the relevant ministries And employeesâ&#x20AC;&#x2122; organizations and the most representative professionals, Shall draw up the general policy of the operation of vocational training. Second: determines Resolution of the Committee composition and its members work and the number by instructions issued by the Minister.

Article 18 :-

the ministry arise general employment departments distributed appropriately to Facilitate the employer the communication and this departments is for free and the ministry determine the scope of its work and its obligation to the instruction issued by minster .

Article 19 :-

the employment office shall do the following: First: present employee employment services and those who looking for, an employer for free according to the opportunities. Second: cooperation with the general, private, mixed, cooperative sectors to organize the work market to achieve the full employment and to keep it and develop the human source.

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Third: helping the employees to find the works suitable them and their skillful and their mental& physical ability also help the employers to find the appropriate employees to the work. Fourth: recording work seeker, their Professional qualifications, experiences, wills, Interviews, evaluate their professional & mental abilities, and help them to get Guidance and counseling and vocational retraining. Fifth: get the exact information from the employer about the Vacancies that told the office about it ,And requirements should be available in the wanted employees . Sixth : The nomination of Iraqis job seekers Who meet the professional skills , mental & physical abilities of Works available to them and other non-Iraqi employees if qualifications are Available and that correspond to the specifications required work Subject to the provisions of Articles(30) and (31) of this law. Seventh: grant the Applicant work a document called (employment card) prove the personal data related to him as well as the type of the work he wants. Eighth: hauling Job seekers and vacancies from employment office to another, in case of not finding a suitable job for work Applicant or in case of full the places of vacancies by a suitable way from the original office or if there are other circumstances to do this procedure after agreement of work applicant . Ninth: Prepare a periodic data In cooperation with relevant organizations &Departments and unions And provision of the available information about work market and its expected development , at state level ,or industries , skills , or different areas And the provision of this information by collecting and analyzing regularly to the general sector And employeesâ&#x20AC;&#x2122; organizations and concerned employers. Tenth: Take appropriate procedures to facilitate the following: A - Transmission of the national workforce in various types of professions. b- Movement of the national workforce to areas where there are suitable job opportunities. c- Temporary move of national workforce from one area to another to provide the labor supply and demand. D-moving of the national workforce from country to another that granted form governments based on Reciprocity

Article 20 :-

first: The ministry has to form a tripartite committee named as tri parties Committee consist of a Representatives from the ministry and relevant ministries and Representatives of Employeesâ&#x20AC;&#x2122; organizations And employers organizations.

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Second: The ministry bears the administrative support for the Tripartite Consultation As being appropriate arrangements with representative Committee Organizations to finance any necessary training to the members of the committee.

Article 21 :-

the employer committed the following : First: inform the employment office in its area about the vacancies in maximum of (10) days from the day of Occurrence of the vacancy, the office should inform the work applicant according to the following procedures : a- the employer submit a request to the office in his area showing the type of required work and Specifications which requires availability in the work applicant. b- The office demand the request in case of availability of the employee in its records, if itâ&#x20AC;&#x2122;s not, the office calls the others offices to demand the request. c-inform the employer about the nomination letter or Apology of demanding the request in 15 days from the date of recording employer request in specialized department. Second: the employer can employs the employees directly in case of Apology of employment offices.

Article 22 :-

the work applicant has the right to refuse the work nominated to if there were reasonable factors preventing him to refuse the work or because it is Mismatch with its profession or skills, otherwise his right in the sequence and should present a new request with new number.

Article 23 :-

first- The Ministry shall issue licenses of private employment offices on condition that it does not charge a commission or payment from the employee for his employment. Second: Determine the terms and conditions of the establishment of private offices including the conditions of renewing the licenses annually and Cases of Canceling License and the way of management as well as supervision on how it works according to the provision issued by the minister.

Article -24first - the employer shall be punished of the offending work according to the provisions of the employment set in article (21) of this law by prison at least 3 months and max 6 months with fine minimum (100000) IQD and maximum of (500000) IQD or with both, the fine can be numerous according to the multiplicity of the offense committed against them.

Second: the fine will double as it set in item (first) of this article if the offense is repeated.

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Second branch - Vocational training Article 25 :-

first â&#x20AC;&#x201C;the Vocational training aims to the following: a- training those whom their age under employment and supply them with the Technical expertise of all work types in order to supply the various work sectors with its needs of technical skills. B-re training jobless employees after employment phase and those whom subject to the Unemployment for different levels of Qualifications and developing skills and re training employees to raise the level of professional and productivity competence. Second: collective agreements specify the right and duties of employees and employers in which relating to the Vocational training.

Article 26 :-

First- vocational training centers public and private Provides programs of vocational training to the employment office according to this law, the office providing advice about skills types of training programs, and organizing the employment after training. Second: training programs presented by vocational training centers leads to preparing Professionalism and a committee forms by decision of the minister specialize in Coordinate with employees organization as well as the employers to add new professions according to the markets needs and supply employmentâ&#x20AC;&#x2122;s departments with these programs to provide advises And guidance for the unemployed about types of training programs, and organizing the employment after training. Third: A- the private companies and NGO which it not specialized in training shall get a license from ministry of labor and social security And be subject to inspection and monitoring and evaluation to show its ability in training and determined by provisions issue from the minister . B- Imposing a wage on the training center who submits an application to be granted training center its amount (1000000) IQD recorded as revenue to the vocational training department In addition to bear the costs of the detection and evaluation committees, excluding of provision of this item employees organization and civil society organizations which presenting training services for free. Fourth: the job seekers can get training programs for free. Fifth: determine the professions which is subject to the training and period of training for each profession and Theoretical and practical programs that must be taught And the implementation of quality standards in the training and The certificate is granted and the data should recording in by an instructions issued by the minster .

Article 27 :-

first- the relation within the trainer and training program by a

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contract including aims & phases &period of training and rights &duties of the trainer and the party who made the training ,this includes training in work location, according to the provision issues by the minster . Second: Department of Labor and Vocational Training is the responsible of paying subscription as it is in the law of pension and social security of employees during training period base on the minimum rate of wages, in case of Injury or death trainee during the training period, the provisions of law of pension and social security of employees should apply. Third: vocational training centers shall follow the condition of Occupational Health and Safety and Subjecting the trainee medical examination before the training start.

Article 28 :-

first- Trainee has the right to withdraw from the training program on an individual willingly. Second: the training center has the right to end the training contract any time in case of Lack of commitment to trainee in training or Lack of discipline or not achieved a tangible progress according to the Periodic reports. Third: Not for any of the parties to claim compensation as in items (first) & (second) of this article unless there is a written item in the contract .

Article 29 :-

first - The offender shall be punished with the provisions of item III, Article 27 of this Law, by Withdrawal of the license with fine of minimum (1000000) IQD and maximum of (2000000) IQD. Second: the minister has the right to open the center after removing the violation by the training center based on a request of the center and bears committees detection and evaluation costs.

Chapter five - Organization of foreigners work Article 30 :-

Prohibited departments and employers employment any foreign employee In any capacity unless they have obtained a license issued from the ministry For a wage determines by a provisions issued by the Minister.

Article 31:-

the foreign employee Prohibited from any work unless he has the license.

Article 32 :-

first- the employer shall grant the foreign employee a ticket to the country that he came from unless he left the work before the end of contract for none. Second: The employer shall if the foreign employee died to prepare and transfer his body to his origin land or residence place if his family asked to do.

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Article 33 :-

the minister has the right to issue instructions of bring and employment the foreign employees.

Article 34 :-

the foreign employee who lives in Iraq legally for the work shall not be in illegal situation if he simply lost his job ,this not mean withdraw the license of residency or work permission unless he violate the Iraqi law.

Article 35 :-

the ministry, employees organizations’ and employers’ organizations, separated, the right to communicate and Exchange of information regularly with the same parties in the mother countries of foreign employees or in the countries that they came from and making agreements to see the condition of using and the circumstances of those employees from both parties to insure the fair using and equality in chances and treatment.

Article 36 :-

every party or person violate the provision of this chapter shall pay a fine of 3 the triple of the minimum to the 3 the triple of the maximum of the monthly wages of the employee.

Chapter six - Individual work contract

First branch - Doing the individual work contract Article 37 :-

first- the work contract, written or oral, by agreement of its two parties the employer & the employee .in case of written contract, the employer shall organize the work contract written of three copies signed by him and the employee and keep both of them a copy the third one should be keep at the department .the contract should be including with the minimum rate the following: A- Name of the employer, type of the project and its address. B- Employee’s name, birth date, His qualifications, profession, nationality and his resident place. C- Natural of work and period as well as the date of beginning. D- Wages or any benefits or bonus to the employees according to the work conditions and the way, date as well as the wage which agreed on. E-work’s hours and the way of calculating it. Second: in case of absence of employee Vocational proving his skill at work, the employee allowed to start the work with a period of experience agreed upon by its parties, with maximum period of 3 months of work date, and not allowed to keep the employee in experience period more than once with the same employer. Third: the employer has the right to end the contract during the

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experience period if he saw that the employee is not useful to the work on condition of informing the employee before 7 days of ending the contract. Fourth: in case none existing of written work contract between the employer & the employee they have to find a way of proving the contract’s existing and presenting the statement of their rightsaccording to the contract.

Article 38 :-

first-acontract of determine period to implement a specific work or a service related to a project ending in a specific period or expecting date maximum time is a year. Second: shall not determine a period to the contract of works have a continuous nature unless became it is necessary to the work a help by additional employees for a specific period & work. Third: Employee of specific work period has the same rights of the Permanent contract employee. Fourth: if the contract renewed more than once it’ll considered unlimited duration.

Article 39 :-

first- It may be entered into a contract of partial employment subject to the work conditions of article 30 of this law. Second: hours of the partial employment is minimum of 12 hour and maximum of 21 hour weekly. Third: the employee of partial employment has the whole rights of this law. Fourth: considering the financial rights and annual vacations to the employees of partial employment contract as it is suitable with the work’s hours and the wage.

Article 40 :-

if the employee came to the work place and ready to do his work but extraordinary circumstances prevented hi of this then consider he complete his work and deserve a wage.

Article 41 :-

first-the employer has the following rights: A- Organize the activity of his project. B- Distributing responsibilities of the employees. C-Make the necessary decisions related to work. D- Supervision of work and employee’s duties according to the contract.

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Second: commitment of the employer will be as following: A-respecting the items of contract and group agreements and doing the provision of this law. B-Providing means of implementation the work to the employee C- paying the employee’s wage according to this law. D- The provision of health opportunities for the workplace and the necessary precautions to protect employees at work. E- Provide opportunities for the employee and the means to develop the knowledge and technical skills. F-with the beginning of his work, give him a receipt to prove what he got of documents and bring them back when he finish the contract . G- granting the employee a certification at the end of the contract showing in date, type of the work and he has the right to asking an addition of any statements to this certification ,the employer shall provide him if the statements is real . H- granting the employee a clearance documents at the end of the contact on condition of completing all his duties towards the employer and if he doesn’t ,the employee has the right to go to the labor court to get the document . K- Showing the work’s risk and the employee should know it before contracting. L- Providing a suitable way to deal with employee’s problems and Grievances and Facilitate the Access to this way and immediate dealing positively with the Complaints Without exposing employees to any punishment. M-organize personal dossier for each employee with a copy of employment decision and all information related to him as well as every new of employee’s situation such as wage, bonus, punishments …..Etc. it shall keep in personal dossier at least two years from the date of ending work. N- Prepare annual report about each employee from his boss including statements of his behavior, evaluation and shall keep it in his personal dossier with telling him the details of report, the employees shouldn’t be less than 15 employees. O- present a copy of official report about the basic right granted to the employees in the project ,or any information related to employment’s conditions and circumstances , to the department which asking for this information, the employer shall provide the department about the statement in maximum period of a month from the date of receiving the request. P-Ensure equal treatment of all employees of the same profession and work circumstances whether Wages, allowances, bonuses, rewards, vocational training, and opportunities for

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career presentation. R- Providing the goods and services necessary to the employees in far places with subsidized prices.

Article 42 :-

first- the employee has the following rights: A-payment of the wage for the work he performed. B- Get periods of daily and weekly rest in accordance with the provisions of the employment contract and collective agreements and the provisions of this law. C- Equality of opportunity and treatment in the operating and use far from any form of discrimination. D- Work environment free of harassment. E- Respect in workâ&#x20AC;&#x2122;s relation within the work environment. F- Benefit from vocational training programs. J- Information and counseling on matters with a direct impact on the work. H- Working within secure and healthy circumstances. K- Negotiating to improve working conditions and terms. L- The strike in accordance with the provisions of this law. M- The freedom to form and join trade unions. Second: the employee is committed to the following: A-Should perform his duties by himself honestly and accurately according to the employment contract and provision of this law, and Work regulations in departments issued by the employer, it shall not inconsistent with the law. B- Keeping the Properties of the employer and shall not keeping any receipts or records or paper of the work for himself. C- Non-disclosure of secrets knew it by the nature of his work. D- Follow the occupational health and safety rules. E- Timeliness of attendance and rest periods according to the labor law. F- Not to come to work drunk or under the influence of drugs. J- Not to carry weapons in the workplace but if the nature of his works so require and should be licensed legally. K- Not to pretend the disease with a view to getting rid of work.

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L- Not to receive any person in the workplace without the consent of the employer. M- Refrain from accepting any commission from the agents and contractors with the employer but with his knowledge and consent that the money be placed in a special fundand evenly distributed to employees under the supervision of the employer, it considers that money from the wage complements. N-Not to do others works during work time. O- Not to use a machine didnâ&#x20AC;&#x2122;t commission to use by the employer. P- Not to held meetings inside workplace without agreement of the employer and the regulatory authorities.

Chapter two - Termination of the employment contract Article 43 :-

first- the employment contract ends in the following cases: A- The death of the employee, the employer should pay a wages of two months in condition that the employee has been spent service of the employer for a year at least. B- If the employee sentenced by a court judgment and stayed in jail for more than a year, if less than one year shall be back to work without worth wages of the time spent in prison or detention. C- In the case of the death of employer If his personality basically in the contract and cannot complete the contract with the heirs. D- in case of close out the project according to the judgment decision or optionally with considering the provision of item (third) of this article. E- if the parties agreed to finish it (Written). F-expiration of the contract, if it was limited time . J- By implementation the project or presentation the service, if the contract was limited time or specific service. H- The resignation of employee on condition informs the employer before 30 days at least from the time of ending the contract and if the employee left the work without the notification or before The resignation of employee Before expiration of the period stipulated in the contract shall pay a compensation to the employer equivalent to wage for warning period or the remaining ones. K- In the case of force majeure. Second: the employer has the right to end the work contract in these cases: A- If a employee suffered illness made him leave the work and

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did not recover from it within 6 months from the date of illness and certified this by an official medical certificate. B- If a employee was injured and inability for work of 75% or more from the total inability by an official medical certificate. C- If the employee completes a year of retirement, worth then end of service benefits according to the provision of SS law. D- If working conditions of the project required decrease its size on condition of the minister approval. E- When the employee doing bad behavior against his duties according to the work contract. F) If the employee holds himself or gave false personal documents. G - If the employee under the experiment and was not acceptable efficiency to show. H - If he commits a grave error and emergence of a great loss hurt work or production by final judicial decision. Third- the employer hasnâ&#x20AC;&#x2122;t the right to close his project or close it out unless get the approval from the minster.

Article 44 :-

first-in case of finding one of the cases in item second of article 43 of this law, the employer should give the employee a written warning of ending contract and in case of not warning him then he should be compensated instead of the warning and the period of warning should be at least 30 days.

Article 45 :-

the employee whom finished his service should get benefitsof service End equal of 2 weeks wages for each year with the employer except provision of item B of first and items F G H of item second article 43 of this law.

Article 46 :-

first- the employee has the right to Appeal the decision of end his service before the committee of ending services formed by instruction of the minster of before labor judgment in 30 days from the date of informing him of ending his services and he consider a granter of the appeal if he didnâ&#x20AC;&#x2122;t present it during the period and if chose one of these ways his right with the other one will lose. Second: the decision of the committee is appealable in 30 days from the date of informing with. Third: the approving of ending employee service when the employee appeal of the committee decision will be on the employer before the committee or the judgment.

Article 47 :-

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first: if the committee of ending services or the court the ending employee’s service didn’t base on one of the reasons of article 43 of this law so it should decide to back the employee to his work and paying all the wage during the period of ending the service . Second: if the committee of ending service or the court decided not to bring the employee back to the work the contract of the work shall end from the date of decision issue from the committee or the court and paying compensation to the employee and shall be doubled of End of service benefits in article 45 of this law. Third: in projects that use less than 5 employees regularly consider as a contract finish from the date of real ending if the committee decided to end the service or the court did so, on condition the employer pay to the employee end service benefits according to the compensation in item (second) of this article.

Article 48 :-

first: the contract not ends because of the following cases: A- Membership of union or participation in the activities of union in non work time or during it with a written approval of the employer. B- To seek the status of employees’ representative or the practice of this status. C-File a complaint or initiate proceedings against the employer to Grievance of rules. D-when the employee gets one of his vacations. E- Discrimination in employment and occupation, whether directly or indirectly. F- Temporary absence from work due to illness or accident, according to the official evidence. Second-A- consider void to end the contract of employment for any reason of item (first) of this article and this case the committee of ending service or the court shall back the employee to his work and paying him the wages of previous period. B- if the employee didn’t ask to bring him back to the work or the court ,the committee decided the return of the employee is unavailable or unpractical then decides to cash him a compensation and it should be not less than double the amount in item (second) of article 47 of this law.

Article 49 :-

first-the employee has the right to end the work contract by his own will without an announcement in one of the following cases: A-If the employer breached one of obligations of this law or the internal work system or the individual work contract.

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B-If the employer has committed a felony or misdemeanor against employee or his family during or out work. C- If any threat to employee safety and health on condition that the employer knows the danger yet didn’t move it out. Second: the employee shall ask the committee of ending the service or the court a compensation according to the (B) of item (second) of article 48 of this law.

Article 50 :-

When merge the project and the transfer of ownership of the heirs to waive it to others to sale, rent, investment totally or part of, the new employer shall be responsible of commitments of the previous employer towards the employee according to the provision of this law and the previous employer shall keep in touch with the current one of the new commitment created from the work relations from the previous project’s period till the transfer.

Article 51 :-

first- not allowed to the appeals of rights of work relations after 3 years of accrued date. Not allowed to the appeal of demanding compensations of damage result of criminal act after 5 years of its happening. Second: the period of hearing the appeal of right’s demanding from the date of accrued time but cannot be re demanding of funds paid the employer to discharge of a right after its written off.

Article 52 :-

punish with a prison of minimum 3 months and maximum of a year or fine not less than 500000 IQD and maximum of 1000000 IQD for every employer violating the provisions of this this chapter.

Chapter 7 1st branch - Wages Article 53 :-

first- the cash wages paying to the employee with Iraqi currency except what mentioned in contract work. Second: may pay the wages by checks or by banking money transfers on condition that according to group agreement or arbitral decision or according to the employee’s written agreement if there is no such decision or agreement. With the right to the employee to revocation this permission anytime. Third: the wages paid at the end of the week if it was weekly and at the end of the month if it was monthly at workplace or nearest place and shall be maximum 5 days. Fourth: prevent of wages paying in form of permission notes or coupons or any other forms replace with the Iraqi currency or what it was dealing to. Fifth: Equality between men and women’s wages on the work of equal value.

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Article 54 :-

first-paying the wages to the employee immediately and it may transferred into the employee’s credit at bank that the two parties deals on or pay it to the representative of the employee. Second: Upon the death of employee paid all his dues to his successor in accordance with law.

Article 55 :-

first-It prohibits the employer: A- Restrict the freedom of employee in any way to act in return for a wage. B- Forcing the employee to buy the products of the work and shops and goods imported by.

Article 56 :-

first-Considered void all waivers of wages to the employee according to the provision of this law it may not be attached only by virtue of a final court ruling.

Article 57 :-

first-Employee’s wage may not be cut off except in cases provided by law, among other things: A-Legitimacy expense B-The amounts owed by the employee to calculate retirement department and social security for employees. C- Trade union subscriptions and according to the provisions of the Trade Union Regulatory Act. Second: It may not be the total deductions over 20% of the employee’s wage if it was less than minimum rate of wage and 30% from employee’s wage if it was more than this, these rates not for Legitimacy expense debts. Third: Not subject to any interest, the debts of the employee to the employer.

Article 58 :-

first- When the bankruptcy or closing out the project according to court decision, the employees shall be perfect creditors so they deserve the following privileges: A- Wages of the previous 3 months before ending his service. B- Wages of the official vacations during the year that ended his service as well as the previous year. C- Accrued cash for him for the other types of vacations before work end. D-End of service benefits of employees. Second: privileges in item (1st) of this article on perfect debts

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including privilege of state Debts. Third: the following debts paid before the debts of the employer to the employee. A-Debt arising from the obligation of the employer Support his family for the alimony arising from his trust. B- Debt relating to management of the properties of the bankrupt employer including the legal duties and management expenses. Fourth: the accrued amounts given to the employee or His successor in rights according to the provision of this law as highest degree of excellence for all Movable and immovable property and collected all immediately before the perfect debts including debts of state fund except expenses debts.

Article 59 :-

first- should inform the employee about the factors of his wages before contracting with him specially the allocations and the way of calculate the overtime and other increases and deductions and periods of pay as well as the way ,place ,day of paying and should supply him with the same information every time the factors of his wages changes . Second: should supply the employee with written details of his wage as it is. With the accrued period of wage and allocations and overtime and others increases and deductions if there is.

Article 60 :-

should make Final settlement of the wage immediately after contract end and if the ending was from employeeâ&#x20AC;&#x2122;s side then his wage shall pay to him in 7 days from date of ending contract.

Article 61 :-

first-The employer is committed to make a record of wage and overtime including details of employeeâ&#x20AC;&#x2122;s wage and deductions and net wage for him the record shall clear of any written off or space and should be subject to monitoring and auditing of labor inspectors in the ministry. Second: No employer is discharged from debt work but by employeeâ&#x20AC;&#x2122;s signature in wage record and his signature is not considered a Concession of any rights of him.

Branch two - Wage determination Article 62 :-

first-wage of the employee shall determine according to individual contract on condition not less than the determined wage for his career according to the bound group agreement of and in all circumstances the wage of the employee shall not be less than the legal one. Second: the minimum level of wage, the decided wage according to the law or the wage decided in the employer project according to the group or individual contract, which is more.

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Article 63 :-

first- Constitute by a decision from the Minister a committee dealing with minimum wage level suggestion periodically: Chairman A-General Manager of Employment and loans department. B-Deputy General Manager of the Department of pension and social security. Member C-Deputy General Manager of the Vocational Training department. ber D-A representative of the Ministry of Planning

Mem-

Member

E- A representative of the employersâ&#x20AC;&#x2122; organization the most representative. Member F- A representative of the employeesâ&#x20AC;&#x2122; organization the most representative. Member j- Two members of the experienced and competent various aspects of wage policy Chosen by the minister, Second: The minister presented a proposal of Committee to the Cabinet. Third: Taken into account when determining the minimum wage is what comes: A- The needs of employees and their families. B- The general level of wage in the state. C-The cost of living and changes therein. D- Economic factors including the requirements of economic development and the level of production and the desire to achieve a high rate of employment and preservation. Fourth : Employee covered by the provisions of this law is worth Annual periodical increase from due date When completed a full year of work for the same employer, And determine the proportion of this increase According to the labor market indicators for each project due to agreement and related parties . Fifth : Modifying the minimum wage from time to time to match the cost of living and other economic conditions ,And periodic review conducted every two years.

Article 64 :-

Shall be punished by a fine of not less than twice the legal minimum monthly wage set, anyone who violates the provisions relating to wage stipulated in this Law and If the violation related to pay less than the minimum wage then the violator is required to pay the fine imposed on him In addition to pay compensation to the employee

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equivalent twice of the difference between the paid wage and the minimum wage.

Article 65 :-

first-the employer shall put a declaration in the project to make employees aware of wages in the project and not less than the minimum wage prescribed by the law . Second-any employee got less than his wage then he could recover the difference between what is received and what he deserves. Third-If the employee claimed that the employer paid him less than agreed upon in the project the employer burden of proving that he paid to the employee that wage.

Chapter eight - Work time Article 66 :-

work hours means the legal time for the employee to do his commitments and not including rest periods and food and the system of work determine date of beginning and end.

Article 67 :-

first-work hours shall not be more than 8 hours daily or 48 weekly considering the exceptions in this law. Second: works of two shifts and separated works, the employee shall not stay 10 hours in workplace if his work hours 8 hours daily. Third: Reduction of working hours in dangerous,Burdensome or harmful these works and maximum works hours according to instructions issue by the minster by a proposal of the National Centre for Occupational Health and Safety. Fourth: excluding of provisions of this Article the following: A-Projects that only member of the employerâ&#x20AC;&#x2122;s family does not work out. B- People who hold jobs of supervision and management. C-Employed persons for works require secrecy. D-Employees who do preparatory and complementary works Performed outside the prescribed limits of working hours in the project. E- Guarding employees. F- Delegates to do work outside their projects. J- Agriculture employees. Fifth-The Minister shall issue instructions specifying the work hours in cases provided for in Item (fourth) of this article.

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Article 68 :-

first-must permeates the working hours rest period or more Totaling at least half an hour and no more than an hour and The employer determines the schedule through advertisements in the workplace That working hours does not be more than 5 hours. Second: Each employee is granted a rest period of not less than 11 consecutive hours between every two working days calculated at the end of the actual day and the beginning of the second working day. Third: employee of unstoppable for technical or because of work nature shall granted rest period or more total not less than half an hour. Fourth: A- works of two shifts the rest period shall not less than an hour and not more than 4 hours and can determine this in group work contracts. B-employees who working in more than shift deserves rest period 11 continuous hours between the end of first shift and the beginning of the second shift. Fifth-It may not employment the employee driver who continuous in driving for more than 4 hours without rest period determined by instructions issue from the minister .

Article 69 :-

first- the work considering: A- Day work if it is between 6 a.m. and 9 p.m. B- Night work if it is between 9 p.m. and 6 a.m. C-mix works if the time of daytime continuous with work night work and vice versa and shall not be the night work more than 3 hours. Second: It is not permitted to increase working hours in the following circumstances: A- 7 hours of night work. B- Half and 7 hours of mix work. Third: No employee may be employed in works that take place alternately between day and night for more than 30 continuous days of each shift.

Article 70 :-

first-the employee deserve a weekly rest not less than 24 hours with wage and Friday will be the weekend vacation and may replace it with any other day. Second: employer Regulates dates of employees to get weekly rest in one day for all employees as it possible or alternately on condition determine fix day for rest day. Third: the employer agreeing with the employees how to work in rest days

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with a wage according to the overtime law and giving him rest day in the following week.

Article 71 :-

first –not allowed increasing work hours in article 67 of this law but in the following two cases: A-Event of an accident and the likelihood of its occurrence Or work for unforced reform of machines or equipment or in case Almighty power and the increase shall be To the extent necessity to avoid stop natural work of project. B- If working conditions required done continuously on consecutive shifts Provided that no more than the total weekly working hours to 56 hours that does not affect the employee’s right to grant a day of rest as compensation for the weekly rest. Second: IN exceptional cases that cannot be apply of Article 67 of this law It could become the agreement between employees ‘and employers’ organizations to increase the daily working hours for a limited period of binding time Provided that no more than the average number of weekly of working on the number of weeks covered by the Agreement 48 hours. Third: The Ministry after consultation with the employees’ organizations and employers related then can grant: A- Permanent exceptions permitted in the preparatory and complementary actions provided for in paragraph d of Item IV of Article 67 of this law To be carried out outside the usual times of work on the project, or Of the categories of employees who require their businesses to be intermittent. B- Temporary exceptions permitted to face the exceptional cases of work pressure . These exceptions granted in one of the following cases: 1- Facing of the pressure of phenomenal work because of holidays or seasonal work or otherwise. 2- Repair and maintenance of equipment and tools and machinery could lead to stoppage of work on the project. 3-Avoid exposure materials or products damaged. 4- An annual inventory and final statements and the closing out the season to prepare for the opening of the new season. Fourth: The Ministry when granting these exceptions mention maximum overtime in each case and amount of overtime that should be up 50% of the wage instead of the usual If the work at daytime and at least double pay if the work at night Or if the work was hard or harmful and Employee compensation day of rest in one of the days of the week if he worked in the weekly rest day .

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Fifth: Overtime is subject to the following: A- It is not permitted to increase overtime hours in industrial businesses that take place alternately at one hour per day. B- It is not permitted to increase overtime hours in the preparatory and complementary works and industrial works Or in the case of face unusual works to 4 hours a day. C- It is not permitted to increase overtime in non-industrial to 4 hours a day. D- It is not permitted to increase working hours in the transport on the road full-time driving including overtime hours to 9 hours per day and 48 hours per week, reducing the total hours of driving works in the cases of driving in difficult situations. E-It requires not run any employee more than 40 hours extra work for 90 days and 120 hours extra work for 1 year and the minister determine these works and total time apply to the meant drivers. Sixth: Intended to work overtime in accordance with the provisions of this law any work going on in the times of daily or weekly rest or in excess of the daily work hours or days, holidays and public holidays prescribed by the law.

Article 72 :-

first- If work stopped completely or partially as a result of exceptional circumstances or force majeure then The employer shall pay the wages of all employees to stop a 30-day period ,The employer Assign the employee for a similar work or unpaid extra work compensation for lost time That no more than 2 overtime two hours a day and 30 days a year. Second: If work stop because of the employer he must pay the full wages of employees for the period of suspension and can employment the work in overtime within the items of item first of this article .

Article 73 :-

employer the offending provisions of this chapter shall be punished by a fine of not less than 250,000 dinars and not more than 500,000 dinars The multiplicity of the fine as far as the number of employees who signed a violation of their right.

Chapter nine - Vacations and holidays and public holidays Article 74 :-

first-A- employee has a rest stop in the days of the holidays and public holidays established under the law and get for it full pay, B- The employee has weekly rest not less than one day with full wage, Second: Employee could work within, holidays and public holidays except weekly rest for any reason as in item third in article (71) of this law with a

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double wage as well as his wage. Third: Not accounted for the days of annual holidays within holidays and public holidays be during the taking the employee his holiday. Fourth: The employee who works with a work contract fixed-term or trainee employee deserve an annual holiday with full pay as he deserve it in contract and before contract end .

Article 75 :-

first-the employee after a year of service deserves a holiday with full wage for 21 at least for each year of work. Second: employee of the dangerous, burdensome or harmful works deserve a holiday with full wage for 30 at least for each year of work. Third: adding to the annual holiday of employee in serving the employer himself and as following: A- (2) days for the first (5) years. B- (2) days for the later (5) years. C- (3) days for each (5) years follow . Fourth: the employee deserves a vacation in part of the year suitable with it. Fifth: Calculated days of the interruption from the work for reasons beyond his control, such as illness or injury, accident or situation from within his period of service and deserves annual holiday. Sixth: days of annual holidays are calculated as actual work days for this law.

Article 76 :-

first-the employee who got a holiday acted in article (69) of this law deserves full wage as its long not less than the wage level which took during the last (6) months of his work. Second: Excluded from the provision of item (first) of this Article, transportation, food and risk provisions. Third: amounts acted in items (1 st )and (2 nd ) of article (69) of this law paid to the employee before his holiday. Fourth: employee is entitled to a cash compensation for the days that did not take it from his annual holiday at the end of his contract and the amount of compensation calculates in this case on the basis of the last wage paid to the employee.

Article 77 :-

first-the employee can get the annual holiday at once or interrupted.

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Second: Annual holiday may be divided if work requirements or interest of employee required, for period of continuous (14) days at least and completed the rest by the way agreed upon between the employee and the employer in period that not pass the second year.

Article 78 :first-the rules of procedure of the work Determines Times that employees has annual holidays otherwise the employee has the right to get the annual holiday in the time agreed upon with the employer considering item (2nd) of article (77).

Second: the employer shall let the employee to get his annual holiday acted in this law. Third: in case of work contract ends and the employee didnâ&#x20AC;&#x2122;t get his annual holiday within the year then the employer shall compensation the employee with full pay for the period of the holiday didnâ&#x20AC;&#x2122;t get as well as his wage for the same period.

Article 79 :-

first- not permitted to the work to work another work within his annual holiday. Second: Void every agreement to abandon employeeâ&#x20AC;&#x2122;s right with the minimum period of the annual holiday with wage or Assign it for compensation or any other reason.

Article 80 :-

first- employee is entitled to fully paid sick holiday and pay from the employer for a period of 30 days for each year of work. Second: It may the accumulation of sick holidays that the employee is entitled according to the provision of item (first.) of this article up to 180 days. Third: If the secured employee illness lasted exhausted the entitlement of paid sick holiday, provisions of pension and social security law shall apply. Fourth: return to the employer from department of pension and social security of what he paid to the secured employee of his sick holidays that employer paid over 30 days a year according to the provision of items (first) and (second) of this article.

Article 81 :-

first- sick holiday grants according to the medical report issued from the competent medical trusted by the employer or by official medical. Second: period of sick holiday consider actual service for the purpose of this law and other laws.

Article 82 :-

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first- the employee deserves a holiday with wage for personal reasons in one of the following cases : A- Employee marriage (5) days. B- Marriage of son or daughter of the employee (1) day. C- The death of a husband or wife, father, mother, son, daughter, brother, sister, or one of parents of the husband or wife (5) days. Second: secured employee who her wife dead has the right to get a holiday of (130) days with full pay according to the law. Third: the employee grants a holiday of (Haj) without wage once in all service period. Fourth: the employee deserve a holiday with full pay to do official or public duties to do the election right or Attendees before the court as a witness or expert and the other cases in law or in group work contract. Fifth: the employee deserves a holiday with full pay to do union duties on condition that the group work contract mentions this. Sixth: the employer, when necessary, grant the employee a holiday without wage if he ask to.

Article 83 :-

everyone offending provisions of this chapter shall be punished by a fine of not less than 50,000 dinars and not more than 100,000 dinars The multiplicity of the fine as far as the number of employees who signed a violation of their right.

Chapter ten - Protection of the employee woman Article 84 :-

the employer who use an employee or more to put the provision of woman protection on the advertising board of work head.

Article 85 :-

first- Forcing women pregnant or breastfeeding women are prohibited to perform extra work or any work considered by the competent health, harmful maternal and child health Or if the medical examination proved the existence of a significant risk to the health of the mother or the child. Second-Prohibits employment of women working in the works burdensome or harmful to health according to provision issued of article 67 (third) of this law.

Article 86 :-

first-May not be employed working women in night work, but if the work is necessary, Or due to force majeure or maintain raw materials or perishable products or If there is a force majeure led to stop work on the project was not expected stopping and

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shall not repeat . Second: the working woman shall get a daily rest not less than (11) continuous hours including not less than (7) hours of night period between (9p.m. and 6a.m.) . Third-not apply the rule of first item of this article to the following categories: A- Employees in the administrative and business. B- Employees in health and recreational services. C- Employees in the transport and communication services.

Article 87 :-

First: The women female employee deserved to take special vacation for pregnancy and delivery with perfect salary for a period no less than (14 ) weeks in the year Second: The pregnant employee has the right to interesting with the vacation before eight weeks to the date expected to deliver with medical certificate issued from the specialized office Third: The pregnant employee after her delivery continues obligatory to complete the rest of days of her leave to be provided that this period no less than six weeks after delivery Fourth: The leave period shall be extended with a period equals to the interval duration between the presumed date of delivery & the active date without decrease period of obligatory leave after delivery Fifth: The specialized medical office has the right to decide to make the duration of leave as stated in clause (first) of this article for duration no more than (9) months in case of the critical delivery or the delivery for more than one child or appearance side effects before delivery or after it, the extra duration that stated in clause (second) of this article as secured leave as rules of law of pension & social welfare of employees have to be applied on it Sixth: The mother employee shall be guarantee at the end of leave of pregnancy & delivery or motherhood to return back to the same of her place of working or a job similar with equal wages

Article 88 :-

The mother employee has no right within leave of pregnancy or delivery to work with paid wages in another place

Article 89:-

The mother employee has the right after agreement of the employer to interesting with special leave of motherhood to take care of her child without fare for period no more than one year, she behaves to look after her child if the child does not complete one year of the age and the contract of working considered to be halted during this period

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Article 90 :-

The female employee has no right to benefit from her leave of motherhood that special to take care her child to exploit it for other purposes , if it was confirmed that she worked in another place with fares , so the leave shall be regarded abolished , and the employer has the right to ask the employee to return to her origin working place from the date specified by the employer

Article 91 :-

First: The breastfeeding female employee has the right with two periods of feeding within the day of working no more than one hour and it is considered as period of feeding of working hours Second : shall be dispensed from the job , any male or female employee who he ( she ) has one child or more than one under sixth years of age , if the ill child is in need to be cared , with duration no more than (3) days from any case to be required , and this dispense required of non deserving wages during duration of leaving of working

Article 92 :-

First: The employer who uses women, he has to provide places for their rest according to requirements of working Second : The employer has to commit in the projects that these female employees who work in to build houses of nursery in a single or jointly worth the employer in a project or other projects under regulations issued by the minister

Article 93 :-

The rules of this chapter shall not to be applied on female employees in the mid of family has only members of the family under supervision of the husband or father or mother of brother

Article 94 :-

Every employer may infringes the rules of this chapter shall be penalized with amount no less than (100.000) Dinars or no more than (500.000) Dinars

Chapter Eleven - Protection Juveniles Article 95 :-

First: It is prohibited to appoint juveniles or entering to the site of working in working that may damage the premises nature or conditions may affect their health or safety or their morals Second : The ministry makes with consulting with organizations of employees or organizations of employers that have relation to periodical going over , every required to make working that may applied with rule of clause (first ) of this article and these businesses as an example not to be limited as following : A) Working underground or under water or in the risky heights and restricted or narrow places

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B) Working with mechanisms, equipment or danger tools or that may require handle or using hands or moving or loading heavy weights C) Working in unhealthy environment may expose juveniles for risks or their exposure for unusual temperatures or noisy or vibration that may affect their health D) Working in difficult conditions for long hours or in some of conditions of night working Third: The juveniles have to prevented from night or mixed working

Article 96 :-

First : The juveniles have not to work in the permitted places except after their subordination to medical checks universally by medical committee that affirm their physical fitness and the ability to work in the required places Second: Issuance certificate of confirmation physical fitness for the juvenile for certain position according to the following: A) Specific provisions of working B) Certain working or group of specific working have the same healthy risks can be classified by specialized office

Article 97 :-

First: The fitness of juveniles for making working remains subject to healthy controlling till their completing age (18) years Second: The juveniles have to subject to repeated medical checks every year at least when their continuation in working Third: The medical checks of fitness of working have to be repeated till the employee reach (21) years of age at least in working are adopted by the specialized office that including high healthy risks Fourth: The employee It may not be the event that the employee and his parents bear the costs for medical tests set forth in items (second) and (third) of this Article Fifth : Means the relevant department for the purposes of this chapter, the ministry responsible for labor or the ministry responsible for health or both

Article 98 :-

First : It shall not exceed the duration of an event that did not work (16) the age of sixteen to (7) seven hours a day Second : Must permeate the daily working hours or more a break for at least an hour shall be identified in the fact that the ongoing work no more than (4) four hours

Article 99 :-

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The juvenile who is to be deserved to work yearly leave with fares for ( 30 ) days per day in every year

Article 100 :-

First : The employer who appoints the juveniles , it is permitted by law to them to work to present a copy of special rules to protect them in prominent & clear place in the board of advertisements in the center of the working Second: The employer has to organize special register for juveniles included their names, ages and their required working

Article 101 :-

The employer has to present the medical certificate that confirms the fitness of the employee juvenile to work that stated in article No.96 of this law in file & giving it to the investigators of the working to be shown or giving the investigator of the working register number that this certificate was kept in it

Article 102 :-

If there is working relation between the employer & a juvenile , it is not permitted to appoint him under rules of this law , the employer commits to pay his fares approved & compensate him in case of his injury while working or as a result from it in regardless for saving the error cause

Article 103 :-

The provisions of this Act shall not apply to events over the age of 15 years and working in the middle of a family under the supervision of her husband or father or mother or brother produce for domestic consumption and do not use salaried employees

Article 104 :-

Determine the instructions issued by the Minister acts that are harmful to juvenilesâ&#x20AC;&#x2122; health and safety and morals of hazardous business, unusual temperatures or noise or vibration

Article 105 :-

Every employer may infringes the rules of this chapter shall be penalized with amount no less than ( 100.000 ) Dinars or no more than ( 500.000 ) Dinars

Chapter Twelve - Protection Employees of Quarries or Mines and Mineral Materials Article 106 :-

First : The provisions of this chapter on the work of construction materials quarries, mines and minerals and, in particular what comes : A) Operations research and exploration and detection of metal and stone materials including jewelry and operations extracted or manufactured

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B) Extraction or concentration or manufacture of mineral deposits, whether on earth or in its interior C ) All it can processes set forth in paragraphs (a) and (b) of this item of the building and the construction of factories and installation of devices Second: No employee may be employed in the professions and business set forth in Item industries run (1st) of this article, only after the professional medical examinations, health and proved his fitness for the work that will cost him Third : before the end of a work contract employee, for any reason to renew professional medical tests on him to make sure of non-injury of count occupational disease Fourth : Being on the examination of employees covered by the provisions of this chapter during working hours without being called inspection wages Fifth : In the cases provided for under item (second) and (third) of this Article to monitor labor inspection

Article 107 :-

The employer shall hang in a conspicuous place in the workplace is what comes : First: Internal system to work in the project showing the times of work and rest periods to report a copy of it to the labor inspection Second: Instructions relating to occupational health and safety in the project

Article 108 :-

First : (A) : Prohibited from entering the premises and Accessories on non-employees and staff assigned to work in the places of the mine or quarry or charged monitored and inspected the guard and representatives of trade unions B) It prohibits the entry of an employee places set forth in paragraph (a) of this item in the specific times to work unless they have a license to do so Second : Holding the employer record the names of persons who enter the workplace because of their actions and pointing them when they came out

Article 109 :-

First: For daily work in business and the professions and industries set forth in clause (first) of Article (100) of this Act are (7) seven hours shall in all cases, keep the employee in the workplace more than (8) eight hours a day Second: Notwithstanding the provisions of item (first) of this Article may be on a temporary basis and in case of necessity the continuation of work to prevent an accident or to avoid the risk of occurrence or repair what grew up with him, according to the following:

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A) Inform the labor inspectorate and the union of the incident or the emergency is expected during the (24) twenty four hours of the start of work B) Considered for work in excess of what is provided for in item (first) of this Article, additional work is being compensated according to the provisions of this law

Article 110 :-

The employer has to do the following : First : Occupational health and safety in accordance with the instructions and the data issued by the Ministry put special instructions Second : Taking the following requirements : A) Issuing directives and orders relating to occupational health and safety whenever the need arises B) Prevent the presence of employees in the areas of the blasts but after the danger has passed by C) Provide employees with appropriate personal protective risk work D) Set of benchmarks on the places where the dangers are anticipated E) Provide rescue and first aid kits for emergencies F) Inspection of places of work periodically to ensure the best application of the measures set forth in this item

Article 111 :-

What endures is determined employee instead of transport, meals, housing and wages in remote areas far from urbanization instructions issued by the Minister

Article 112 :-

Shall be punished by imprisonment for a term not less than one (10) days and not more than (3) months or a fine or penalty of not less than (100,000) dinars and not more than (500,000) dinars Whoever violates the provisions concerning the protection of quarries and the miners and metal materials set forth in this chapter

Chapter Thirteen - Health & Professional safety and searching working First branch - Health And professional safety Article 113 :-

The National Centre for Occupational Health and Safety Administration planning and monitoring the implementation of occupational health and safety matters to ensure the dissemination of safety and protection of employeesâ&#x20AC;&#x2122; culture, in different work sites of occupational diseases and work-related injuries

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Article 114 :-

First : The cooperation between the employer or management and employees or employeesâ&#x20AC;&#x2122; representatives in the project is a key element in the measures taken to improve occupational health and safety conditions at the project level and the workplace Second : To achieve what is set forth in item (first ) of this Article should be subject to the following: A) Provide decent sound, healthy, safe and easy working environment B) Training employees on how to avoid occupational hazards C) Dissemination of occupational health and safety culture among employees and reduce the risk controls for the profession in a conspicuous place in the workplace D) The provision of primary medical aid kits in the workplace E) Ensure a primary and periodic for all employees occupational health and safety, medical examinations and working environment that is included all accidents and occupational injuries and diseases which are located at work or are linked by F) The reporting of incidents and work-related injuries and occupational diseases to the health authority vested when they occur and notification center that includes notification of data on the project and the employer, the injured person and the nature of the injury or humiliating disease and the work place and circumstances of the accident in the case of occupational disease prove exposure to health risks and conditions in accordance with a standard form and generalized from the National Center the occupational Safety and Health is an annual report of the Center for accidents and injuries which work sites increases the number of employees 50 and over J) Take all necessary measures to ensure the protection of the health and safety of employees from all occupational hazards effectively and conduct annual periodic inspection on pressure and electrical devices, elevators and lifting accessories from competent and authorized agencies of the National Centre for Occupational Health and Safety tools and steam boilers K) Providing of appropriate personal protective equipment to work them do not incur any costs of money L) Ensure the safety of machinery and equipment harmful (boilers ,lifts, cranes, etc.) through the reports prove suitability to work safely points formally conferred by the National Centre for Occupational Health and Safety systems and instructions issued by the Minister M) The center grants licenses professional health and safety of the project after the centers provide all the safety requirements and screening employees for a wage determines the instructions issued by the Minister 11) Overseeing the organization to deal with the emergency plan

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Article 115 :-

First : The ministry will be responsible by the National Centre for Occupational Health and Safety for the preparation of a national policy and you develop and reviewed at regular intervals in consultation with employers and employees or their organizations most representative Second: Acts of the national responsible for occupational health and safety include the objectives set forth in item (first) of this Article shall be determined as follows: A) Identification and assessment of occupational hazards arising in the workplace with regard to occupational health and safety with a work environment pollutants measurements and taking samples of the work site related to occupational health and safety to that of the employer or his representative so B) Control the factors that affect the health and safety of employees in the work environment and practices, including health facilities and places of stalls provided by the employer C) Advise on the planning and organization of work, including workplace design and selection of vehicles, equipment and other materials used in the maintenance work D) Participate in the development and improvement of working programs practices examination and evaluation of health aspects of new equipment. E) Advise on occupational health and safety and the work environment and personal protective equipment F) Control the health of employees’ work-related injuries and occupational diseases G) Adaptation the employee with the working H) Contribute to the vocational rehabilitation measures I) Cooperation with the relevant authorities in providing information, education and training in occupational health and safety areas and the study of employees’ relationship to the environment J) Organizing to deal with the emergency and first aid K) Participation in accidents analysis and work-related injuries and occupational diseases and know the causes

Article 116 :-

The employer is responsible for providing the minimum requirements of occupational health and safety in all projects in which the employees are employed and where existing equipment according to the instructions issued by the Minister after consultation between employers’ organizations and the most representative of employees

Article 117 :-

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First: The employer shall inform the employee in writing before work beginning the dangers of the profession and means of prevention to be taken Second : The employer suspended the special dangers of the profession in a visible place controls at the work site describes the risks and means of prevention

Article 118 :-

First : The employer has to do the following : A) Take the necessary measures to provide protection for employees while working procedures of the risks of the profession and the risks of labor and machinery that are harmful to their health B) Providing the means for the prevention of the risk profession that does not deduct any amount from wages instead of providing employee C) Provide medical first aid commensurate with the type of work in dedicated and well-known places Second: The National Center for Occupational Health and Safety instructions specifying the means and preventive tools and the conditions and method of use issued by the Minister

Article 119 :-

The employees have to commit the following : A) Follow orders and instructions concerning procedures for prevention and occupational safety and use of appropriate preventive means B) Not entered any of psychotropic substances to the work site or to come to the work site and they are under influence C) Comply with the instructions for occupational health and safety in the workplace D) Timeliness of periodic medical examination as decided by the project physician or competent medical authority E) Wear personal protective equipment F) Stay away from the work site in case there is a real danger G) Cooperation with the employer to enable him to achieve the obligations placed on it

Article 120 :-

First : The employer shall ensure occupational safety and health of employees in all aspects of his work Second : Does not constitute a non-factor the legal standards of professional commitment to safety reason to exempt the employer of the specific commitments in this area

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Third : The employee does not bear the cost and availability of health security in the work environment that medical care and the cost of prescription drugs and periodic examinations and laboratory and X-ray and other tests

Article 121 :-

First : The employer shall provide the employees with medical aid in the workplace and therefore if the number of employees on (50) factor that uses a nurse knowledgeable in first aid Affairs and contracted with a private doctor to address employees at a clinic specializing in the workplace for this purpose and provides them with medicines and treatments they need while working at no charge Second : Your doctor set forth in item determines (i) of this Article on time for at least two hours a day if the number of employees increased at (100) a hundred employees Third : If the number of employees increased at (500) employee the employer shall appoint a doctor resident in the project and set up a special clinic in which there is all the preview and ambulance means, treatment and assume resident physician cases that need to be sick leave report or preview Doctors specialists or surgery, taking into account the provisions of Article (74) for sick vacation of this law Fourth : Employers in a number of projects within the region or municipality set up a clinic in order to provide the services set forth in item (third) of this Article

Article 122 :-

First : The employer shall provide precautions and implement the instructions set out in Articles (111) and (113) of this Law Second : The labor inspector gives wagedback on the level of business needs and the extent of the employer’s instructions occupational health and safety commitment in its report on the inspection visit of the project Third : The Ministry may decide to close the workplace or off the machine or more in the case of the employer on the implementation of occupational health and safety or to prevent the inspection committees competent to enter the work site or hindered their work instructions omission, and even the demise of the reason for closure or suspension, after his warning to remove the violation and worth of employees who stopped working because of that full wages for the duration of the shutdown or stop-and-take of the Commission on the preparation of the competent inspection

Article 123 :-

Employees ‘representatives on the project in cooperation with the employer in the field of occupational health and safety and employees’ representatives to provide sufficient information about the measures taken by the employer to ensure occupational health and safety and consult them about this information in condition that they do not disclosing trade secrets

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Article 124 :-

First : The provisions for work injuries set forth in the applicable law of retirement and social security for employees on unsecured employees Second : ( A ) It holds the social security for employees circuit implementation as stated in item (i) of this Article (B) The employer shall pay to the Social Security Department for employees compensation for their obligations towards the employee is secured as follows: 1) 50% of the daily wage employee or monthly for a period of one year if the injury caused to the employee partially deficit 2) 100% of the daily wage employee or monthly for a period of one year if the injury resulted from a deficit or fatal

Article 125 :-

Shall be punished by a fine of not less than (500,000) dinars and not more than (1000000) dinars or imprisonment for a period not less than one (1) month and not more than (i) months Whoever violates the provisions related to labor reserves set forth in this section

Second Branch - Investigation Working Article 126 :-

Projects and workplaces covered by the provisions of this law are subject to labor inspection under the supervision and guidance of the ministry

Article 127 :-

First : The department of investigation working has to do the following : A) Save the provisions of this law and regulations issued hereunder relating to working conditions and protect employees and their rights when performing their duties secure B) Provide information and technical guidance to employees and employers about the means and methods to implement the legal provisions and international agreements C) Informing Ministry irregularities and abuses relating to work is stipulated in this Law D) Providing suitable p[procedures to receive employeesâ&#x20AC;&#x2122; complaints in respect of any violation of their rights set forth in this law with media employees and widely on how to use that mechanism, and the department of labor inspection to prepare a list of pilot in how to provide employees to those complaints and what should be included in the information and the method of delivery to the inspection department in the circuit Second : Required in the tasks assigned to the labor inspector that do not conflict with their basic duties or affect in any way the mission and impar-

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tiality in their relationship with employees or employers

Article 128 :-

First : The formation of committees headed by the labor inspectorate staff of the ministry titled labor inspector and a representative of the employers the most representative and a representative of the most representative Employeesâ&#x20AC;&#x2122; Committee representative is accompanied by the National Center for Occupational Health and Safety in projects that require it Second : Not appointed inspector of work, but he holds a university degree in an initial jurisdiction and least successful in a training course prepared by the Ministry for this purpose Third : Lead inspector work and employeesâ&#x20AC;&#x2122; representative and a representative of the owners of the most representative work done before practice before the Minister or his nominee the following oath:

(I swear by God the Great that my duty honestly and impartially and not to divulge the secrets of the profession, which briefed by virtue of this job even after my leaving it) Fourth : Make use of the inspection committee of experts and specialists from the owners of Qualifications

Article 129 :-

First : The investigation committees shall be authorized the following : A) Enter freely and without warning at any time of day or night to the scene of the inspected work B) Any examination or inquiry is necessary to make sure that there is no violation of the provisions of this law and in particular the following: 1) Investigation with the employer or project employees, both in private or in the presence of witnesses about any matters concerning the application of the provisions of this law 2) Access to any book or other records or documents be kept and duty under the provisions of laws and regulations relating to work to ensure their compatibility with the provisions of this law and can take copies or models of these documents 3) Ensure the implementation of guidelines and recommendations established under the provisions of this law C) Taking samples of workplace health and safety professional for the purpose of analysis to reach the employer or his representative so D) Demand from the employer in writing of the speedy implementation in the following: 1) Make changes during a specific period of time in structures

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and equipment necessary for the mechanism to be consistent with the legal provisions relating to the safety and health of employees 2) Take urgent measures when there is imminent danger to the safety and health of employees Second : Take urgent measures in cases of extreme danger, which is not likely Amhala including the arrest of that work whole or in part, or to evacuate the workplace Third : Prepare a detailed report after each inspection visit includes a summary of the irregularities and recommendations to take legal action against employers offenders Fourth : On the Commission to inform the employer or his representative inspection presence in the project during the inspection visit, unless it considered that this might affect the reporting of their duties

Article 130 :-

First : ISF is committed to meet the demand for labor inspection committees for their support during their duties Second : Representatives of the inspection committees over cards signed by the minister to prove their identity and what it called the actor to carry a card during his mission as it highlighted that for the owners of the relationship where appropriate

Article 131 :-

The investigation committee has no right to do the following : First : To benefit directly and indirectly, in areas under their control projects Second : Divulge secrets that they have access through their duties, even after leaving work and are subjected to legal accountability when disclosure

Article 132 :-

To the Committee on labor inspection to deal confidentially with the source of any complaint made her about any violation of the provisions of the law and not authorized by the employer or his representative that the inspection visit is the result of this complaint

Article 133 :-

First : The service employersâ&#x20AC;&#x2122; organizations and the most representative organizations of employees separately report every 90 days submit it to the ministry Second : The office issues yearly report includes the following : A) The regulations and instructions are related with the department of investigation B) The employees in investigation department

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C) Statistical data on the work of the inspection committees include the following: 1) Workplaces subject to inspection and the number of employees 2) Investigating visits 3) Breaches , Infringement and imposed penalties 4) Industry accidents 5) Vocational diseases and workingâ&#x20AC;&#x2122;s injuries 6) Stalled projects from partially or completely D) Statements about levels of prevail fares E) Suggestions to develop investigation action

Article 134 :-

First : The minister has the right to a warning to the owner of the offending work before referring it to the competent court Second : The minister has the right, based on the report of the inspection may decide to refer the owner of the offending action to the competent labor court in accordance with the provisions of this chapter move the criminal case against the owner of the offending action based on the recommendation of the Committee based inspection report to the inspection visit Third : The Commission inspection report with the certificate of the Inspector evidence by the court when issuing its decision unless it proves otherwise

Article 135 :-

Shall be punished by imprisonment for not less than one month or a fine of not less than (100,000) Dinars and not exceeding (500,000) dinars each of preventing labor inspection committee from entering the workplace and perform its duties as provided in this Act or obstructed its work

Chapter Fourteen - Bases of Working Disciplinary Article 136 :-

First : The employer covered by the provisions of this Act which is used on a regular basis (10) ten or more employees to prepare internal rules for the following cases: A) Hour to open the project, working hours, it began daily, weekly and break B) The amount of pay and the amount of overtime C) Procedures of health and occupational safety D) Commitments of employees and disciplinary bases E) Yearly leave and special leave

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F) Names and job titles for supervisors to work Second : The ministry issued a typical internal systems to guide employers and the department can help the employer to prepare these regulations if requested by the employer Third : The employer shall prepare an internal system after consultation with the employeesâ&#x20AC;&#x2122; representatives in the project and found that, during the (3) the following month for the opening of the project or through (3) months from the implementation of the provisions of this law if the project already exists Fourth : The employer shall introduce internal regulations before the start of implementation at the department or the legal department for approval, or when adjusted to that of the employer for approval as the final or modified within thirty (30) days from the submission to him, and not be considered internal systems agree upon the expiry of those Length Fifth : Comment employer bylaws in a prominent place at the work site after approval, and it maintained in good and legible case Sixth : Void any provision in the bylaws detract from the employeesâ&#x20AC;&#x2122; rights stipulated in this Law, or in the collective agreement

Article 137 :-

First : Employee is responsible to the employer for damages caused as a result of breach of duties or work in relation to these duties directly or indirectly Second : The employer prove the error factor, determines the compensation that the employee must pay a judicial decision, unless the parties agreed to settle it in a friendly way Third : Intended to prejudice the duties set forth in the heading of this article first damages caused intentionally or by gross negligence or as a result of a serious error

Article 138 :-

First : No employer may take any disciplinary penalty against the employee for any violation carried out after (15) days from the knowledge of the employer or one of his representatives so Second : If a employee commits a violation of the instructions or breach of its obligations under the contract of employment right to apply one of the following penalties: A) Be alert and notify the employee editorial foul and warning of breach of the duties of his future B) Suspended from work for a period of not more than three days C) Blocking factor for the annual increase for the year in which the offense which necessitated the move tunable committed for a period not exceeding one hundred and eighty Day

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D) Download class entails download taxi in the light of new degree after the download E) Dismissal from work Third : You must be proportionate disciplinary punishment with the gravity of the offense committed by the employee Fourth : You must be proportionate disciplinary punishment with the gravity of the offense committed by the employee

Article 139 :-

The imposition of fines on the employee is prohibited, unless the text of the otherwise applicable collective agreement

Article 140 :-

No disciplinary punishment may be imposed only after the employee give him a chance to defend himself and the presence of a representative Allamal In the event that the amount of the penalty shall be a fine for the Guarantee Fund and retired employees

Article 141 :-

No penalty may be imposed only in chapter one of the following cases: First : If the employee has committed a serious breach gave rise to serious physical harm to the employer Second : If disclosing a secret working of the secrets of the work led to serious harm and stable employer with evidence Third : If the employee violates own work safety and health instruction. In this case, the employer send a written warning to the employee termination of the employment contract without notice in the event of a repeat this behavior Fourth : If a employee found more than once during the working hours in the drunk or under drug according to a report issued by a competent physician was his warning to them more than once Fifth : If the employee came more than once Aotlv and behavior that is not the privilege of working on that have been his warning on this behavior previously Sixth : If the employee assaults the employer, or on one of his superiors or colleagues at work at work or outside Seventh: If the employee is absent from work without a legitimate excuse ten (10) consecutive days, or thirty (30) day intermittent work within a year Eighth : If a employee committed while working a felony or misdemeanor against one of his colleagues at work and was created by virtue of judicial judgment

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Ninth : If the employee sentenced to imprisonment for more than a year and gained a degree bits

Article 142 :-

If the employer ultimatum employee in writing after five days of continuous or intermittent twenty day of his absence without a legitimate excuse , the employer has right to dismiss him after extra five days of absence or ten extra days of absence intermittent traffic

Article 143 :-

First : May not end the work contract employee because of an error committed by the provisions of this law did not provide for that, but if this error is repeated once or several times, and the employer may face him an ultimatum in writing in advance in this regard, taking into account the provisions of Article (37) Second of this Law Second : No employment contract may be terminated because of unsatisfactory performance of his work as the employer had not given him the necessary instructions and an ultimatum in writing and continued working after the performance of his duties at work in an unsatisfactory manner for a period of thirty days from the date of such warning Third : The employee the right to be assisted by a representative of the employees or the union or any other person of his choice to defend himself against the allegations concerning his conduct or performance that may lead to termination of the contract work Fourth : For the employer to consult employees’ representatives before making a final decision on the end of any contract work

Article 144 :-

A decision to impose the penalty in writing and inform the employee is not entitled to claim that employee after ten (10) days of the issuance of the decision and put it in the bulletin board or in the workplace

Article 145 :-

First : The employee to appeal against the imposition of punishment upon the competent labor court within (15) fifteen days from the date of notification of the decision and the court’s decision in this regard prohibited Second : If the penalty is dismissal from work to be a period of filing of the appeal before the Labor Court within thirty days from the date of the decision of separation factor and be subject to the court’s decision to challenge discrimination in front of the Federal Court of Cassation within thirty days from the date of notification Third : The employer’s burden of proving the irregularities that have been the imposition of the sentence upon which the Group during the consideration before the competent court Suggestion of Re-organizing chapters for non available Serial No. 15 and because it was stated inadvertently from the ministers cabinet

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Chapter Fifteen - Collective agreements and negotiations Article 146 :-

First : Syndicates and unions or the elected representatives of the employees in accordance with the provisions of this law in the absence of employees’ organizations to conclude collective labor agreements on behalf of its members with an employer or a group of work, organization or more of the owners of their organizations Second : The parties to collective bargaining of employees’ organizations or employees’ representatives consists in the absence of employees’ organizations and the business owner or owners of a workgroup or their organizations

Article 147 :-

First : Negotiating parties are free to determine the level of negotiation, without any interference on the other hand according to any level it deems appropriate parties to conduct negotiations as if be at the project level or sector or part of it or region or province level or national level Second : It shall not resulting from the project level to negotiate collective agreements include provisions less useful than those contained in the agreements at a higher level involving the same project unless these agreements stipulates otherwise Third : The collective negotiations aim to : A) Cooperation between employees organizations or employers or their organizations to fulfill social development for employees B) Improving provisions and conditions of labor C ) Organizing relations of working between employees and employers D) Organizing relation between employers or their organizations and employees organizations E) Reconciliation labor conflicts that may arise between employees and employers

Article 148 :-

First : It is not permissible for an employer that refuses to negotiate when he presents his written request to negotiate or more trade unions representing more than (20%) Twenty percent of the project employees who including collective agreement Second : In the absence of representation Guild or more in the project the percentage specified in paragraph (first) of this Article, the Ministry may at the request of either party negotiators

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to organize a secret ballot of 60% at least of the non-project employees representatives that trade union organizations to verify the percentage of employees in favor of negotiation and they shall be entitled unions hold it on their behalf exceeds the proportion of them supporters of employees to negotiate for 50% of the number participants Third : It is negotiated between representatives of the trade union organization in the project and the union between the professional and the employer Fourth : If there are more than one union representing project employees may agree that some or all of these unions among its members to represent the employees of the project through a joint call for negotiation in this case is not permissible for an employer that refuses to negotiate Fifth : In the absence of a trade union organization in the project negotiation between the employer and three of the project employees be elected in accordance with instructions issued by the Minister in this regard in the presence of two representatives from the Federation of Trade Unions most representative organization or other employees chosen by project employees Sixth : Unions covered by the provisions of item (fifth) of this article without any interference from the other party take the necessary arrangements to ensure the joint representation in the negotiation process both for the employees they represent, if the giver or more trade unions in the project other union in the same project and in writing to negotiate on the total of those unions with the employer or the trade unions in the project agree among themselves to determine the percentage of participation of representatives of each of them Seventh : In the absence of trade unions agree on a joint call to negotiate any one of its members to negotiate Guild

Article 149 :-

First : The party who wants to negotiate to bring to the other party a written request teach him the desire to hold negotiations and stating the topics they wish to conduct negotiated Second : Any party who received the request to negotiate to reach his position to the other party in writing and during a maximum period of seven days from the date of receipt of the said demand Third : A professional union for the employer to hold collective negotiations in good faith to conclude a collective agreement within fourteen days from the date of receipt of the reply from the other party in writing not to exceed negotiate for thirty days from the date of the negotiating period began Fourth : Negotiating parties and organizations committed to providing the necessary data and information relating to the subjects negotiated both the other party to ensure the proper functioning of collective bargaining negotiators and the parties request this data both from his organization

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Article 150 :-

First : Codifies the agreement which result from bargaining a collective agreement in accordance with the conditions and rules of the collective labor agreements contained in the Act Second : The bargaining agreement between the parties did not result in any of them was a demand in writing from the department to take the necessary steps to resolve the dispute in accordance with the provisions of this law Third : In the event of a work collective agreement signed him to be on the parties to the agreement the path of collective bargaining for renewal before the expiry of three months. If that period expires without an agreement on the renewal work agreement for a further three months continue and continue to negotiate with the aim renovated but if passed last term without agreement for any of the parties to the agreement in writing demand from the circle to take the necessary steps to resolve

Article 151 :-

First : The collective agreement be legally binding for both parties signed the agreement on behalf of Second : The collective agreement includes a provision all project employees who are like them or more trade unions representing at least 50% of the project employees in collective bargaining that led to the conclusion of this agreement Third : In the case of the employer to provide better working conditions for employees non-unionized automatically extends these circumstances to include unionized employees

Article 152 :-

In the absence of representation of the union or the total of trade unions in the project the ratio referred to in Article 138 Secondly , then may the union or unions concerned group can ask to expand the agreement to include employees non-unionized in the project or who belong to the same groups or professional categories covered by the agreement and in case of refusal employer this request of the union or unions concerned can ask the ministry to organize a secret ballot in the project is a comprehensive agreement for all employees if more than 50% fifty percent of the votes of the participants in the secret ballot in favor of expanding the scope of the agreement that the least number of participants in the ballot on 60% of the total number of employees in the project with the need for the participation of the ministry believes the majority of non-union employees in the said ballot Second : If you do not get the minimum of votes in favor of expanding the scope of the agreement in accordance with the provisions of item (first) of this Article then includes the collective agreement at the project level all employees who represented

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by the union or the total of trade unions in collective bargaining that led to the conclusion of this agreement Third : Trade union organizations of employers and their organizations from non-parties to the collective labor agreement to join the agreement after scoring in the circle and join the site at the request of the parties and submitted to the Department for registration Fourth : The provisions of the collective agreement applicable to employees enrolled in work after the entry into force of the agreement

Article 153 :-

First : Any of the parties to submit a request to the ministry to issue a decision universally agreed to all the professional sector employees after taking into account the following: A) The collective agreement includes a number of employees and employers prepared by the competent ministry or organization is not related to the Ministry adequate representation B) The scope of the agreement to include a request had been submitted or more organizations of employees or employers is a party to the agreement Second : The Department shall advertise the application to expand the coverage of the agreement and to invite the parties concerned to submit its observations within thirty days from the date of submission Third : Inclusion of a decision under this article that defines the scope of the agreement in a region or province concerned or may expand the agreement to become on a national scale Fourth : The union or unions concerned can ask to expand the agreement to include non-unionized in the project or who belong to the same groups or professional categories covered by the agreement in the case of the employer denied the request of the union or unions concerned can ask the ministry to organize a secret ballot in the project is a comprehensive agreement for all employees if more than 50% fifty percent of the vote in favor of expanding the scope of the agreement

Article 154 :-

First : It can be provided for collective action among other things on the following agreement: A) Names & residences places of agreement parties B) Agreement scale C) Date of agreement enters to be effective D) Duration of agreement no less than one year Second : This may include the collective agreement provisions relating to, among other things, including the following:

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A) Wages imposed by the employers and the wage-setting mechanism B) Working hours and holidays unpaid overtime and any other rights C) Experience period D) Disciplined bases and punishments E) Arranging practicing profession and programs of vocational training F) Making improving conditions of working , health and vocational safety G) Procedures of dealing with or amending , finishing collective agreement or any part of it H) Unions rights I) Rights of employeesâ&#x20AC;&#x2122; representatives J) Relations between employer or employers or unions K) Mechanism of applying collective agreement L) Procedures of settlement conflicts Third : It shall not include the collective agreement provisions that give employees rights inferior to those rights granted under the provisions of this Act or other laws Fourth : It may not be that individual employment contracts include provisions that give employees rights inferior to those rights granted under the collective agreement Fifth : It may not include the collective agreement provisions that violates the provisions of this law

Article 155 :-

First : The collective agreement with the department recorded during a maximum period of thirty days from the date of its filing with by the parties concerned and provide a copy of the agreement include the date of registration Second : Circle notify parties to the agreement in writing of any discrepancies or irregularities contained in the collective labor law with the provisions of this agreement within a period of thirty days from the date of filing the agreement has Third : The employer put the collective agreement on the draft in a conspicuous location in the workplace

Article 156 :-

First : Collective agreement ends in one of the following cases: A) Two parties agreement B) End its validity if it was specified for certain period

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C) By finished it of one of the parties after three years after the entry into force if it is a fixed term or duration was more than three years, provided notice of the other party ninety days before the expiration of the period D) In case of closure project if agreement within project level Second : The collective agreement shall not ended , if its property moved or any of it to new owner

Chapter Sixteen - Conflicts of Single Or Collective Working Article 157 :-

First : If a dispute arose about the rights of the list is the application of the provisions of this law and other laws for business and employees, or the work of the Convention on the collective window or an arbitral award in force entitled to any of the conflicting parties, or both, refer the dispute to the Chamber for a decision and issue the appropriate decision about the dispute before it within fourteen days of date of receipt of notice of the department in writing, whether it was a conflict between an individual Second : Officeâ&#x20AC;&#x2122;s decision shall be binding on the parties to the conflict Third : In the case of failure to reach a solution to the conflict in accordance with the provisions of item (first) of this article or not convinced any of the parties to the dispute the content of the Chamberâ&#x20AC;&#x2122;s decision on the subject of jazz conflict for either of them to resort to the Labor Court to resolve that dispute Fourth : Work on the chapter court to the dispute within thirty days from the date of submission of the complaint and the courtâ&#x20AC;&#x2122;s decision be prohibited

Article 158 :-

First : Any of the parties to the collective dispute whether a dispute over the rights of existing or future interests and shall deliver written notice to the Department the existence of the conflict and must provide copies of this notice to the other parties to the conflict Second : The notice set forth in item (i) of this Article, the following data: the names and addresses of the parties to the conflict B) Subject of the dispute and the facts and circumstances that led to the emergence of C) Any procedures were taken to solve this conflict if available

Article 159 :-

First : The department when received notice shall appoint a mediator who has experience in labor issues for acting as intermediary between the conflicting parties to the convergence of views in order to reach an agreement to settle the dispute that the mediator make

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the necessary contacts with the parties to the contract, including a meeting for the merits of the dispute within a period not exceeding five days from the date of informing the department that the conflict was a dispute over Second : Must be a mediator referred to in item I of this article with expertise in the subject of the dispute and that does not have an interest in it or has already participating in any way in the search or attempt to settle the dispute Third : Mediator has all the powers necessary for the aspects of the dispute and the parties documents and relevant aspects of the conflict, its causes and request data and information on the subject of the dispute of the parties Fourth : The Broker hear the words of the conflicting parties and to provide assistance to them in order to find a settlement to the conflict in the case of reaching a settlement of the dispute included the terms of this settlement in the minutes of the meeting shall be final and binding on all parties Fifth : If the mediator was unable to bring the views it shall submit to the disputing parties in writing of the proposed recommendations to resolve the dispute Sixth : If the disputing parties before the recommendations made by the mediator, it must then install it in a written agreement signed by both parties Seventh : If by one of the parties the mediatorâ&#x20AC;&#x2122;s recommendations and the other refusing to those who rejected the reasons for this rejection must be the mediator in this case granting of rejecting a period of not more than three days to amend his party if rejectionist party and amended responded to his attitude towards the acceptance of these recommendations have been installed in a written agreement signed by both parties and mediator and then the agreement will be final and binding on the parties in dispute Eighth : If the parties agreed to accept some of the recommendations of the mediator without each other is installed then what has been approved by a written agreement signed by the parties and the mediator and did not apply to what is agreed upon provisions of this Act with respect to the optional arbitration Ninth : If mediation is not over to a mutually acceptable solution in whole or in part to the mediator shall provide a report to the circuit includes a summary of the dispute and the proposed recommendations and the position of both sides of them, within fourteen days from the date of the first meeting period Tenth : When mediation between the conflicting parties failed in the mediator may propose to the parties apply in writing to the department to resolve the dispute through arbitration Optional

Article 160 :-

First : Constitute the arbitration decision of the Minister to look into future conflicts of interests body

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Second : the arbitral tribunal judges in the dispute before it within two months from the date of its first meeting Third : The arbitral tribunal after the agreement with the parties to the conflict to extend the period of separation to the dispute within a period of not more than two more months if it is not to reach a settlement of the dispute within the period specified in paragraph (second) of this Article Fourth : The arbitral tribunal may decide to hear witnesses to host experts in the subject of the dispute and visit the project and access to all the documentation for the conflict and to take the measures necessary to settling the Fifth : Frees three copies arbitration decision where delivery of a copy of each of the parties to the dispute and send the third copy to the circle of conflict with the file during a maximum period of three days from the date of the decision Sixth : Holds the circuit record verdict within a maximum period of thirty days from the date of receipt of the award and to be parties to the dispute or their representatives the right to obtain a copy of this provision, including the date of registration Seventh : Any of the parties to the conflict to appeal the tribunalâ&#x20AC;&#x2122;s decision to the Labor Court in four ten-day period from the date of telling in writing if it occurred a fundamental error in the decision or in the proceedings which affect the validity of the decision or if the decision has been issued without explicit written or based on invalid or agreement if the decision is out of the agreement Eighth : The decision of the arbitral tribunal binding on the parties after scoring in the circuit and is implemented after the acquisition become final Ninth : The application of the provisions of the Iraqi Code of Procedure in regard to the formation of the arbitration bodies and mechanisms of action and decision-making

Article 161 :-

First : Solve the dispute concerning the future of collective interests arbitration in one of the following cases: A) If all the parties to the conflict agreed to submit it to arbitration B) At the request of the employeesâ&#x20AC;&#x2122; organization or one of the parties to the conflict if the dispute about the negotiations or exit the first special collective agreement to employees who are represented by this union C) If attached to the conflict threatens to service disconnection of life, safety or public health of the population or some of them Second : The ministry consulted with the most business organizations representative of employersâ&#x20AC;&#x2122; organizations to determine the essential services referred to in paragraph (c) of item (first) of this Article

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Third : If the conflicting parties did not reach the work sites basic services referred to in paragraph (c) of item (first) of this Article, an agreement then entitled to the Ministry of the dispute to the Labor Court for a decision and the court that you select a date to consider the dispute during (48 ) forty-eight hours from the date of submission of the application Fourth : Labor Court in the dispute decide within seven days of the end of the period stipulated in the history of the item (first) of this Article Fifth : The decision of the Labor Court is subject to challenge discrimination before the Court of Cassation within fifteen days from the date of its telling or amount considered Sixth : The Court of Cassation shall decide the appeal within fifteen days from the date of receipt to it and its decision shall be prohibited

Article 162 :-

First : If an end to resolve a dispute future interest procedures without an agreement, then the right of labor to the organization or employeesâ&#x20AC;&#x2122; representatives elected in the absence of a trade union organization, to resort to peaceful strikes for the purpose of defending the interests of the professional, economic and social members if it is to end the dispute resolution procedures without agreement Second : The World Organization or the elected representatives of the employees in the absence of a trade union organization in the project, which plans to hold a strike to send written notice to the ministry and the other party before the date of the strike at least seven days Third : The notification must include the reasons for the strike and the length of time specified for that Fourth : It may not be a strike in order to review and amend the terms of a collective agreement Fifth : Must be a peaceful strike Sixth : It may not be the common organization of the labor dispute be resolved as long as the announcement of the strike action did not end in accordance with the provisions of this Act Seventh : Not for a employee and trade union organizations may strike in projects that threaten to stop work where the life or safety or public health for the entire population or some of them Eighth : Not for the striking employees may impede the freedom to work or perform any act that would prevent any other employees or the employer or his representative to attend the workplace and the exercise of their normal, whether actual or threatened violence or abuse, or the occupation of the workplace or damaging property

Article 163 :-

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First : Do not cut the work between the employer and the employees or their representatives relations during the period of strike Second : The employer is not permissible to punish the employees was any penalty for exercising strike or call him as long as in accordance with the provisions of this Act Third : No employer may replace striking employees with others distract them permanently or temporarily Fourth : No employer may apply the total or partial cancellation of the project or reduce its size or activity during the stages of the conflict Fifth : The strike does not terminate the employment contract stops

Article 164 :-

First : The ministry during the strike to hold a meeting in the presence of the parties in order to resolve the dispute and if they did not attend the meeting impose on them a fine of not less than (100,000) Dinars and not exceeding (500,000) dinars Second : It does not prevent the meeting or call the right of employees and trade union organizations to continue strike

Chapter Seventeen - Eliminate work Article 165 :-

Action constitute a court or more in each province of the following: First : Judge nominated by the Chief Justice of the Supreme Council on the proposal of the President of the Court of Appeal Second : A representative of the most representative of the General Union of Employees Third : A representative of the Federation of Employers

Article 166 :-

First : It specializes in the Labor Court, given in the following: A) Lawsuits and civil and criminal cases and disputes set forth in this law and the law of retirement and social security for employees and other legislation B) Interim decisions in cases within their competence and in the absence of action by the court of first instance court appeal C) Litigation and other matters, which states laws on working out the jurisdiction of the Court Second : Prosecutor employee or trade union organization shall be exempt from the payment of wages set up the proceedings at all stages of litigation

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Third : The action claims of summary proceedings Fourth : Devolve amounts of fines imposed by employers on labor courts in accordance with the provisions of this law and to ensure that retired employees fund

Article 167 :-

Formed by a decision of the Supreme Judicial Council, a tripartite body in the body called the Court of Cassation labor issues to consider appeals stipulated in this Law

Article 168 :-

First : Provisions of the Labor Court can be appealed in a manner in which to object to the judgment, discrimination and retrial Second : The judgment issued by the Court of viable action to appeal to the Court of Cassation within thirty days starting from the day following the notification Third : The Court of Cassation ratification or veto governance and distinctive chapter in the merits of the case in accordance with the provisions of this law Fourth : The convicted person to object to the absentee sentence of the Labor Court within ten days from the day following the notification

Article 169 :-

The employer shall remove the effects of the violation which was tried for it during the sixtieth day from the date of acquisition of the degree of judgment bits and if the convict repeat offense punishable twice the punishment imposed on it under the provisions of this law

Chapter Eighteen - General And Conclusion Rules Article 170 :-

First : The departments work in the regions and governorates not organized in a region in coordination with employers and trade unions to provide each employee work card for free, according in the form prepared by the ministry based on national data where all the basic information found recorded in file and must include business card modern image of the employee on the pension includes a social Security number for employees covered by the law Meet Second : The employee re-work card issued under this law to work section when his appointment as an employee on the permanent staffing in government departments or public sector or mixed and notify his constituency so for the purpose of calculating the labor of his service unless he is appointed for the first time effectively then offers a pledge in favor of the non-previously functioned at any party

Article 171 :-

Laws repealed and the following decisions:

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First : Act NNo.30 in 1998 Cancel card work in the private sector with Law No. 64 of 1983 Second : Revolutionary Command Council resolution 368 in 9 \ 9 \ allowed to run events in 1990 who are not under the age of twelve years of age in the private, mixed and cooperative sector projects Third : Revolutionary Command Council Resolution No. 600 on 27 \ 4 \ 1980 not to calculate the duration of the exercise of the profession for the purposes of retirement for appointment Fourth : 1057 decision in 5 \ 7 \ 1980 calculating the duration of the exercise of the profession that allow the laws in force counted for purposes of determining the salary of the Arab citizen who acquired citizenship Fifth : Coalition Provisional Authority Order No. 89 30 \ 5\ 2004 Sixth : Cancelling decision 480 in 1989

Article 172 :-

Repealed the Labor Law No. 71 of 1987 and remain internal regulations and instructions and regulations issued hereunder window that does not contradict the provisions of this law until the issuance of the replaced or repealed

Article 173 :-

Interior Minister shall issue instructions and regulations to facilitate the implementation of the provisions of this law

Article 174 :-

This law shall after ninety days from the date of its publication in the Official Gazette

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Reasons :-

Confirm the principles enshrined in the Constitution of that work is a right for all Iraqis to ensure them a decent life, and that the State is seeking to provide wider social guarantees and to find a law that regulates the relationship between employees and employers according to economic principles and that the State shall guarantee the right to form trade unions, professional associations, join them and the fact that Iraq has approved a number of Arab and international labor conventions and to find a law consistent with the provisions of these agreements and to introduce the principles of the new provisions in this law and go for a long time on the entry into force of the Labor Law No. 71 of 1987 and the fact that most of its provisions are inconsistent with the nature of the current stage as well as conflict with a lot of international labor standards ratified by the Government of the Republic of Iraq and work to expand the culture of work and ethics to ensure harmony and integration between rights and duties as a base to launch towards decent work and to find a legal cover for employees contracts in government departments and the public sector and make their service is guaranteed for the purposes of granting pension rights and to respect the principles and basic rights for employees laid down in charters and treaties International of freedom of association and protection of the right to organize and collective bargaining and the elimination of all forms of forced labor, child labor, equal pay and the minimum age for employment and the prevention of discrimination in employment and occupation and vocational training and for organizing vocational training process of pre-employment and re-training and the introduction of the principle of collective agreements to determine the rights and duties Employees and employers in respect of vocational training, and organization of working women work and the work of the events and the work of foreigners in Iraq and determine the times of work and wages and vacation employees and standardize provisions of trade union action with the provisions and rules of work, including taken by modern legislation and resort to negotiation and arbitration and peaceful solutions before resorting to peaceful strike vacation law and determine how collective and individual disputes between employees or more organizations, employers and the formation of the Labor Court in all provinces and jurisdiction and to challenge its provisions solution Initiated this law .

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Contact with Our Senior Management Team Ahmed al-Juboori Mobile Number :+964 - 7901 857 094 Email: acc.firm@aljuboori.net Aymen al-Juboori Mobile Number: +964 - 7901 434 230 Email: law.firm@aljuboori.net Inas Al-Qaisiy Mobile Number: +964 - 7710 056 646 Email: inas.alqaisiy@aljuboori.net

Shehab Al-Hiti Mobile Number : +964 - 7901 627 939 Email: aljuboori1@gmail.com