Answer ... The Labour Law provides different mechanisms for settling disputes and employment-related claims. Employers must establish an appropriate internal mechanism to deal with employee complaints. Employees can also submit complaints to relevant Iraqi labour authorities, such as the labour inspection committee (under the supervision of the Ministry of Labour and Social Affairs) or the relevant labour court.
Complaints and claims relating to dismissal may be challenged before relevant Iraqi authorities such as the End of Service Committee or the labour court. The burden of proof rests with the employer. The End of Service Committee or the labour court will decide either to reinstate the employee or to uphold the termination decision, subject to compensation pursuant to the Labour Law.
Answer ... With regard to the procedures in case of a dispute arising from negotiations on a collective agreement, see question 1.2.
Either or both parties to a dispute over existing rights arising from any of the following may refer the dispute for settlement to the relevant Iraqi labour authorities:
- the provisions of the Labour Law and other applicable laws governing labour and employees;
- an applicable collective labour agreement; or
- an arbitration award.
The authorities shall issue their decision within 14 days of receipt of a written notice in this regard.
If the parties fail to reach a settlement or if any of the parties is dissatisfied with the authority’s decision, the dispute may be submitted to the labour court.
The labour court shall rule on the matter within 30 days of submission of the complaint and its decision shall be binding upon the parties.
In certain cases – such as those involving forced labour, discrimination, harassment, dismissal or imposition of a penalty by the employer – the employee may directly refer the matter to the labour court.