Answer ... As a first step, each employer should check which labour law is applicable in the relevant region. The employer should also identify any other applicable laws and regulations, including those relating to the employment of foreign workers.
The employer should further check whether any collective agreements must be considered before signing an employment contract in the relevant sector.
In determining the terms and conditions of the employment contract, the parties – and particularly the employer – should pay attention to the mandatory provisions of the law and the minimum rights granted to employees, such as working hours and termination rights.
With regard to dispute settlement, as previously discussed, the Labour Law grants the parties the right to avail of different mechanisms, depending on the nature of the dispute. When an employee challenges a termination decision before the Iraqi authorities, the burden of proof rests with the employer.
In any case, it is always recommended that the advice of local legal counsel be sought when developing internal HR regulations and drafting model employment contracts.