The legal rules regulating the end-of-service gratuity according to Iraqi Legislation
Keywords:
Labor laws, work association, termination, associationAbstract
Labor laws determine the cases of termination of the work association. These legislations guarantee a retirement salary to the worker whose service is terminated, provided that he is protected and covered by social security, meaning that he fulfills the legal requirements, which include the payment of pension contributions. However, there are exceptional cases in which they expire. The work relationship, whether in collective or individual labor contracts, without those contracts fulfilling the legal requirements, whether in terms of years of service, Or in terms of collecting pension contributions during the period of his service or work with the employer, especially if he is not protected or covered by social security, in this case the person is entitled to a reward known as the end-of-service gratuity , as it has been approved to protect and compensate him and his family for his loss of work and the possibility of He will have not obtaining another job opportunity after the end of his service, especially if he is old, so we will try to explain the issue from various aspects in accordance with the Iraqi legislation in force.
References
Article 1 of the Workers’ Retirement and Social Security Law No. 39 of 1987.
Article (1 / fourteen) of the Unified Pension Law No. 9 of 2014.
Dr. Hassan Muhammad Hind, Explanation of the Provisions of the Labor Law, Part One, House of Legal Books, Cairo, 2007, p. 29
Dr. Muhammad Labib Shanab, Explanation of the Provisions of the Labor Law, First Edition, Al-Wafa Legal Library, Alexandria, 2010, p. 616.
Dr. Muhammad Labib Shanab, previous source, pg. 616
Article 1 of the Workers’ Retirement and Social Security Law No. 39 of 1971.
Lawyer Nour Farhat Naim, Unfair dismissal in the Jordanian Labor Law, research published on the website. 2016/12/17 Last visit date WWW.Arablaw,com
Dr. Muhammad Labib Shanab, Explanation of the Provisions of the Labor Law, the Labor Law, first edition at Al-Wafa Press, Alexandria, 2010, p. 518.
(See Article (77/a) and Article (178) of the Iraqi Civil Code No. 40 of 1951.
Dr. Muhammad Ali Al-Taei. Labor Law, Dar Al Mahja Al Bayda, Beirut, 2008, p. 247.
Dr. Saba Numan Al-Waisi, Suspension of the Employment Contract and its Applications in Iraqi Law, MA Thesis/College of Law, University of Baghdad, 1998. pp. 31-30
Dr.. Hisham Rifaat Hashem, Explanation of the Jordanian Labor Law, Amman, Al-Muhtaseb Library, 1973, pp. 264-265.
Article 425 of the Iraqi Civil Code in force stipulates that: The obligation lapses if the debtor proves that fulfilling it has become impossible for a foreign reason that he has no control over.
Dr.. Muhammad Ali Al-Tai, a previous source, p. 254.
Muhammad Abdul-Khaleq Omar, previous source, pg. 416
Dr.. Qadri Abdel-Fattah Al-Shahawi, a previous source, p. 259.
Dr.. Muhammad Abdul-Khaleq Omar, previous source, pg. 416
Labor Law No. 151 of 1970.
Dr.. Adnan Al-Abed, Dr. Youssef Elias, Social Security Law, previous source, pp. 178-179.
Labor Law No. 37 of 2015, Articles 43, 44, 45.
UAE Labor Law No. 8 of 1980.
Labor and Social Retirement Law No. 39 of 1971.
Labor Law No. 37 of 2015, Articles 34 and 45.
Downloads
Published
Issue
Section
License

This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License.
User Rights
Under the Creative Commons Attribution-NonCommercial 4.0 International (CC-BY-NC), the author (s) and users are free to share (copy, distribute and transmit the contribution).
Rights of Authors
Authors retain the following rights:
1. Copyright and other proprietary rights relating to the article, such as patent rights,
2. the right to use the substance of the article in future works, including lectures and books,
3. the right to reproduce the article for own purposes, provided the copies are not offered for sale,
4. the right to self-archive the article.