Termination

Notice

Are employers required to give notice of termination?

When termination is permitted in Iraq, the law requires 30 days’ notice.

Law 71/1987 (the Kurdish Labour Law, which governs employment relationships in the semi-autonomous Kurdistan Region (comprising the Duhok, Erbil and Sulaymaniyah provinces)) provides no notice period, as termination under the law is difficult. The law generally requires workers to give their employers 30 days’ notice on resignation.

Redundancies

What are the rules that govern redundancy procedures?

Redundancies are generally not permitted under Law 71/1987 or Law 37/2015 (the Iraqi Labour Law, which governs employment relationships in most of Iraq). The most common method of ending an employment contract is via written mutual agreement with the worker.

However, when there is a reduction in the work of an enterprise, the employer may terminate workers, but only with ministerial approval.

Are there particular rules for collective redundancies/mass layoffs?

Neither the Iraqi nor the Kurdish Labour Laws envision mass layoffs apart from in the case of liquidation. Termination without cause is generally not permitted under Iraqi or Kurdish law. Employers may terminate employees when a reduction in workforce is required, but only with ministerial approval.

Protections

What protections do employees have on dismissal?

If a worker in Iraq is dismissed for cause according to the law, they will still have recourse to the End of Service Committee or the labour courts, provided that they file their claim in a timely manner (generally 15 days in Kurdistan and 30 days in Iraq.) 

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