Rights and Obligations of Foreign Workers Working in Iraq According to the Iraqi Labor Law No. 37 of 2015

(A comparative study)

Abstract

  The main objective of this paper is identifying foreign workers working in Iraq. What are the conditions to be applied when recruited to work in Iraq in accordance with the new Iraqi Labor Law No. (37 for the year 2015). As well as knowing what are the positive and negative effects that accompany the recruitment of foreign workers if the dependence on them increases significantly in Iraq. The freedom of contract at work, whether by the worker or by employers in employing foreign workers in Iraq, is restricted by the labor law. This freedom of contracting is not absolute freedom, but is sometimes restricted by certain restrictions required by various considerations, including national considerations, by not matching with national labor. There is also security, political, economic and cultural considerations. Therefore, the Iraqi legislator has put restrictions for the purpose of employing foreign labor, and it may be These restrictions are associated with the restrictions required by the public interest. This research will address the regulation of the work of foreigners in accordance with the Iraqi labor law in effect 37 for the year 2015 a comparative study with some Arab labor laws. The research, will explain extensively the positives of employing foreign workers in Iraq and their role in supporting the sectors in which they work and their significant contribution to their development in accordance with the requirements of the scientific development that took place after the industrial revolution and the digital revolution in various industrial, agricultural and commercial fields. The paper shows the negatives that result from the employment of foreign workers in Iraq and at all aspects economic, social, cultural, security and political levels and how to address them through the modification of some texts of the Iraqi Labor Law No. 37 of 20015 or the addition of items in the law in order to ensure social safety as well as the rights of national labor from the competitions of foreign labor.