KNOW YOUR RIGHTS

Brief Overview of Legal and Professional Rights for Private Sector Workers

By Adam Hasan

Whenever debates about the public and private sectors arise, one key point is often repeated: People seek jobs in the public sector because it’s more secure. But is that actually true?

There is a lot of misinformation being spread on the job security of employees in the private sector and their rights. Many employees aren’t fully aware of their rights in the workplace and the laws set in place to protect them. Understanding employment laws, for both employers and employees, is crucial for building a healthy and productive work field.

We decided to get in touch with Mr. Aws Fawzi, one of the most known HR experts in the field and one of 1200 people worldwide certified Senior Professional Human Resources International. He is currently serving as the head of Human Resources at Earthlink Telecommunications. Below are the professional and legal rights he highlighted:

JOB CLARITY From day one, employees have the right to be fully aware of what is expected from them. They should have a complete understanding of their tasks and responsibilities. All of this should be agreed upon before the employee starts working.

In addition to that, any and all verbal agreements should be stated on a legal contract to protect both the employee and employer from any legal disputes that may surface.

WORKPLACE SAFETY From providing safety gears and tools (such as hardhats) to establishing and following clear safety guidelines, employers have the responsibility for creating a safe work environment for all their workers.

Employers are also responsible for equipping their employees with the tools and resources needed to do the work effectively. WORK HOURS AND OVERTIME Under the Iraqi Labour Laws, full-time employees are expected to work 48 hours a week with no more than 8 working hours a day. In the case of employees working overtime, the procedure is as follows: „ If working overtime during the period between 6 AM to 9 PM, employees will be compensated by 1.5 their regular hourly wage. „ If working overtime during the period between 9 PM to 6 AM, employees will be compensated by double their regular hourly wage. „ If said overtime work occurred on an employee’s vacation day, they are entitled to both financial compensation and more days off to substitute for the used ones. That being said, overtime work should not be more than 120 hours a year. „ Furthermore, all employees are entitled to paid vacation days with a specific number of days depending on the employee’s years of service with the employer.

EQUALITY AND FAIRNESS Employees have the right to receive equal pay for equal work regardless of their religion, gender, age, ethnicity, and political and social backgrounds.

This law also prohibits sexual harassment and any other behavior that leads to the creation of an intimidating, hostile or humiliating work environment for employees. Workers have the right to resort to the court to file a complaint when they are exposed to any form of discrimination or harassment in employment their work.

SOCIAL SECURITY Employees will have 5% of their monthly salary deducted, coupled with a 12% paid for by the employer. This monthly 17% will serve as a social net for employees in case of unemployment, or eventually retirement. The fund can also be utilized for healthcare in case any work-related injuries occur.

After one year of employment, employees can choose to quit work and withdraw 9% of the fund. If an employee moves from one company to another, their social security fund will be transferred with them and the process will continue seamlessly.

Male employees who are over 60 years old and have 30 years of service, as well as female employees who are over 55 years old and have 25 years of service, will receive continuous welfare support from the government after retiring. TERMINATION Workers whose service has been terminated are entitled to an end-of-service bonus pay in the amount of two weeks’ wages for each year of service provided to the employer.

This is not to say that the state of the private sector in Iraq is perfect. A lot of the laws are unclear and often don’t reflect the current state of the Iraqi workforce. Companies sometimes try to find workarounds to registering their employees to avoid paying their percent.

However, by staying informed and advocating for policy change, you can help create a work environment that’s productive and secure for both the employers and the employees.