Quiz (Employment) Flashcards
The primary body of law that governs employment in the private sector in Kurdistan Region is
The primary body of law that governs employment in the private sector in Kurdistan Region is Labour law (1987).
Iraq is applying the law of (2015).
Other sources of law include:
- The Retirement and Social Security Law (1971), as amended; and - the Civil Code (1951).
In addition, governmental decrees and decisions of the Ministry of Labour and Social Affairs.
————— are regulated by the Law on Civil Servants (1960) and the Law on the Disciplining of State and Public-Sector Employees (1991)
Public sector employees
-In Kurdistan, it is widely believed that the rules of Law 1987 still apply although the new Labor Law (2015) was passed.
———-does not impose an obligation on employers to employ a certain percentage of Iraqi nationals.
An exception applies where an investment license is required for a project in which case, according to the——————
1)Iraqi labor law
2) Investment Law, at least 50% of the employees in the workforce of the project must be Iraqi nationals.
Furthermore, in projects conducted under a ————, Iraqi nationals must be given priority over foreign workers, unless it can be shown that there are no Iraqi nationals whose skills and qualifications would match the relevant position.
foreign investment license
Foreign investment law also imposes an obligation on foreign investors to train their Iraqi employees and to enhance their skills.
The employment contract can be made by———-
▪ The employment contract can be made by a mutual agreement between the employer and the employee.
▪ Employment contracts may be oral or written. Written contracts are more common.
Employment contracts may be e
____________may be entered into for up to one year, for the performance of specific work or services ending on a specific or expected date.
Fixed-term contracts may be entered into for up to one year, for the performance of specific work or services ending on a specific or expected date.
If a fixed-term employment contract is renewed more than once, it shall be considered an indefinite-term contract.
The Labour Law allows for part-time employment contracts, as long the hours to be worked each week range between ________
range between 12 and 24 hours.
The employment contract must include at least the following Data
1) The name of the employer and type and address of the enterprise.
2) The name, date of birth, qualifications, profession, residence and nationality of the worker.
3) The nature, type, duration and date of commencement of the work.
4) The basic wage plus all allowances.
5) The applicable employment terms and the method, date and place of payment of the agreed wage.
6) The working hours and their division method
The employment contract must include a provision subjecting the worker to a______________ if the worker does not have a professional certificate that proves his skill in the assigned work.
The __________is commonly _________ as of the date of the commencement of work. The worker should not be subjected to more than one probation period with the same employer.
The employment contract must include a provision subjecting the worker to a probation period if the worker does not have a professional certificate that proves his skill in the assigned work.
The probation period is commonly (3) months as of the date of the commencement of work. The worker should not be subjected to more than one probation period with the same employer.
The employer may terminate the contract within the probation period if it appears to him that the worker is not capable of performing the work, provided the employer notifies the worker by virtue of a prior notice sent at least (7) seven days before the date of termination.
➢A foreign worker is a ________________who desires to work in Iraq.
➢For foreign workers, they can NOT work in Iraq unless they obtain a____________ issued by the Ministry of Labour against the payment of a fee determined by instructions issued by the Minister.
➢A foreign worker, legally residing in Iraq for work purposes is not considered in an illegal because he lost his job, unless the worker has violated the Iraqi laws.
➢A foreign worker is a non-Iraqi national who desires to work in Iraq.
➢For foreign workers, they can NOT work in Iraq unless they obtain a work permit issued by the Ministry of Labour against the payment of a fee determined by instructions issued by the Minister.
➢A foreign worker, legally residing in Iraq for work purposes is not considered in an illegal because he lost his job, unless the worker has violated the Iraqi laws.
The Employer’s Rights
1)To organize the activity of his enterprise.
2)To distribute the duties and responsibilities of the workers.
3)To take decisions concerning the workers.
4)To monitor the work progress and the performance by the workers by virtue of the employment contract.
The employer has the following duties:
1) To abide by the employment contract.
2) To provide the worker with the means for performing his work.
3) To pay the worker’s wages.
4) To ensure healthy conditions at the workplace and take sufficient safety measures to protect the worker while performing his job.
5) To provide the worker with the possibility and means of enhancing his knowledge and technical skills.
6) To give the worker, at the end of the employment contract, a certificate specifying the date of commencement of work, date of termination and type of work performed.
7) To sign a discharge for the worker at the end of the employment contract provided the worker fulfilled all of his obligations.
8) To open a personalized file for each worker, in which he keeps a copy of the decision of his appointment as well as all documents, certificates and information related to him.
9) To prepare an annual report for each worker, including data on the worker ’s behavior, efficiency and production, and evaluation of the worker’s direct supervisor.
10) To ensure equal treatment of all employees.
11) To provide the workers with the necessary goods and services in remote locations.
The worker has the following duties:
1)To perform the duties entrusted to him with care and loyalty. 2)To safeguard the assets of the employer.
3)To refrain from disclosing professional secrets.
4)To abide by the occupational health and safety rules.
5)To abide by the attendance, leave and rest periods stipulated in the employment regulations.
6) To refrain from showing up at the workplace in a state of obvious drunkenness or under the influence of drugs.
7) To refrain from carrying a weapon at the workplace, unless the nature of the work so requires it.
8) To refrain from faking sickness in order to avoid working.
9) To refrain from accepting any commission from agents or contractors with whom the employer has a contractual relationship, without the employer’s knowledge and approval.
10) To refrain from performing work for a third party during working time.
The worker has the following rights:
1) To receive the wage for the work performed.
2) To have daily and weekly rest periods in accordance with the employment contract.
3) To have equal opportunities without any discrimination.
4) To have a working environment, free from any harassment.
5) To enjoy respect in employment relationships.
6) To benefit from vocational training programs.
7) To be informed and consulted about the matters directly affecting his work.
8) To work within safe circumstances and healthy work environment.
9) To bargain in order to improve the work terms and conditions.
10) To enjoy freedom to create and join trade unions.
Wages & Determination of Wages
As a general rule, wages due to the workers shall be paid in Iraqi currency, unless otherwise specified in the employment contract.
The employer pays wages directly to the worker and may be transferred to the account of the worker with the bank.
In case of enterprise bankruptcy or liquidation, the workers shall be considered preferential creditors.
The individual employment contract shall determine the wage. The wage must NOT fall below the minimum wage.
As of today, IQD 380,000 is the minimum wage in Kurdistan.
