Balancing contractual relations between worker and employer in light of Iraqi labor law
DOI:
https://doi.org/10.65263/sd2dkj18Keywords:
Contractual relationship، Employment contract، Worker، Employer، Legal protectionAbstract
This research examines the legal framework governing the contractual relationship between workers and employers In Iraqi labor law. This relationship is considered one of the most prominent legally defined relationships due to Its direct impact on social and economic stability. It is based on the employment contract، which clarifies the rights and obligations of each party and relies on fundamental elements such as work، wages، and subordination.
The research also highlights the role of the Iraqi legislator in regulating this relationship by establishing legal rules aimed at achieving a balance between the two parties، with a focus on protecting the worker as the weaker party In this relationship. The research further reviews the rights and obligations of both the worker and the employer، in addition to the legal protections afforded to the worker by law.
The research concludes that Iraqi labor law strives to achieve justice by restricting the principle of freedom of contract with binding provisions. However، achieving a true balance between the two parties requires the effective implementation of these provisions In practice.
References
First: Books
1. Ali Kreidi Rashid, Guarantees of Workers’ Rights under the Principle of Equality and Equal Opportunities in Iraqi Labour Law, College of Law, University of Baghdad, Journal of Legal Sciences, Special Issue No. 6, 2019.
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4. Jalal Al-Quraishi, Legal Standards for the Employment Contract, Haddad Press, Basra, 1969.
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Second: University Theses and Research Papers
11. Hassanein Abdul Wahid, Criminal Jurisdiction of Labour Courts, Master’s Thesis, University of Karbala, 2021.
12. Muhammad Jamal Al-Dhunaybat, The Extent of the Distinction between an Employee and a Worker under Probationary Employment in Jordanian Law, Journal of Law, University of Tikrit, 2006.
13. Youssef Boujamaa, Towards New Obligations in the Contractual Relationship, Academic Journal of Legal Research, Algeria, 2024.
14. Muhammad Jalal Al-Atroshi, The Rights of Iraqi Working Women, Al-Kufa Journal, 2010.
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16. Abbas Ali Muhammad, The Authority of the Labour Court in Hearing Labour Disputes, University of Babylon Journal, 2007.
Third: Laws and Legislation
17. Iraqi Labour Law No. (37) of 2015, as currently in force.
18. Iraqi Civil Code, Articles 94, 95, 98, 99, 100, 101, 107, 108, 109, and 110.
19. Repealed Labour Law No. (151) of 1971.
20. Termination of Employment Convention No. (158) of 1982.
Fourth: Judicial Decisions
21. Decisions of the Federal Supreme Court for the years (2005–2007), Journal of the Iraqi Judicial Association.
22. Decisions of the Federal Court of Cassation:
23. Decision No. (3334/2015).
24. Decision No. (3442/2018).
25. Decision No. (1569/2020).
26. Decision No. (767/2020).
Fifth: Electronic Sources
27. Al-Sakina Website, Workers’ Rights under International Law, https://www.asskina.com (accessed April 7, 2026).
28. Al-Zaman Website, Muhannad Al-Khaikani, Legal Protection of Workers, https://www.azzaman.com (accessed April 7, 2026).
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