COUNTRY:

Iraq

DOCUMENT TYPE:

Legislation

YEAR ADOPTED:

2015

Description

The Iraq Labor Law (Law No. 37 of 2015) was adopted by the Iraqi Council of Representatives. The Ministry of Labor and Social Affairs (MOLSA) is responsible for implementing and enforcing labor laws, including inspections and penalties for violations. Private sector actors and trade unions play a role in promoting compliance and addressing worker grievances.

This law provides a comprehensive legal framework regulating labor rights and working conditions across Iraq. It covers a wide range of issues, including wages, working hours, leave entitlements, occupational safety, and protections against forced labor and discrimination. A significant focus is placed on child labor, setting the minimum age for employment at 15 years while restricting hazardous work for those under 18. The law also provides additional protections for women, including maternity leave and safeguards against workplace harassment. The law was enacted to align Iraq’s labor regulations with international standards, particularly the conventions of the International Labor Organization (ILO), which Iraq ratified. The adoption came at a time when Iraq faced significant socio-economic challenges, including high unemployment, economic instability, and the impacts of armed conflict. These factors heightened the vulnerability of workers, particularly women and children, to exploitation and unsafe work conditions.

The law aligns with several ILO conventions, including those on child labor (Conventions No. 138 and 182), setting 15 years as the minimum age for work, with additional restrictions on hazardous work. These provisions marked progress in protecting children from exploitation and creating safe working conditions, wage protections and improved labor standards for many Iraqis. However, despite legal protections, child labor remains widespread, particularly in rural areas and informal sectors. A 2022 UNICEF report estimated that 7% of children aged 5–17 in Iraq were engaged in child labor.[1] Armed conflict and displacement have exacerbated vulnerabilities, with children and women disproportionately affected by exploitative labor practices – particularly in agriculture and domestic work, which remain outside the formal protection of the law. In addition, limited capacity and resources of labor inspection authorities have hindered the effective enforcement of the law.

The Iraq Labor Law (Law No. 37 of 2015) represents a significant step toward protecting the rights of workers and addressing exploitative labor practices. Its provisions for child labor are particularly noteworthy, setting clear age thresholds and prohibiting hazardous work for minors. However, the persistence of child labor, including the worst forms of child labor, particularly in rural areas and conflict-affected regions, highlights the gap between legislation and implementation. UNICEF’s 2022 report noted that child labor is most prevalent in agriculture, construction, and street vending, with many children working long hours in hazardous conditions.[2] In addition hidden forms of child labor, including domestic work, cooking, cleaning and child-rearing particularly affect girl children, who are rarely if ever compensated for their work. The Iraq Ministry of Labor and Social Affairs (MOLSA’s) capacity to conduct labor inspections is limited, with only 300 inspectors covering over 4 million workers nationwide.[3]

[1] UNICEF. “Child Labor in Iraq: A 2022 Overview.” Available at: https://www.unicef.org/iraq

[2] UNICEF. “State of the World’s Children 2022: Protecting Children from Exploitation.” Available at: https://www.unicef.org/sowc

[3] Ministry of Labor and Social Affairs (MOLSA). “Labor Inspectorate Capacity and Challenges.” (2021).