Legal Status of Foreign Workers and Professionals under Iraq’s Labor Law Permit Work

Iraq’s Labor Law provides a clear legal framework for foreign workers and professionals. The Labor Law No. 37 of 2015, particularly in Articles 30 and 31, outlines the procedures and requirements for obtaining work permits, which are mandatory for all foreigners working in Iraq’s private sector. These provisions ensure that foreign workers are legally authorized to work, and they also establish guidelines for employment rights and the process for granting leave to foreign employees. Compliance with these regulations is essential for both foreign workers and employers in Iraq.

Article 30 stipulates: “It is prohibited for administrations and employers to employ any foreign worker in any capacity unless they have obtained a work permit issued by the Ministry, in exchange for a fee determined by instructions issued by the Minister.”

Article 31 stipulates: “It is prohibited for a foreign worker to engage in any work before obtaining a work permit.”

The instructions related to the current Labor Law, concerning the employment of foreigners in Iraq, clarify that a foreign individual outside Iraq who wishes to work must follow the procedures outlined in the applicable labor legislation to obtain a work permit. According to Article 6 of these instructions:

1. The foreign individual must submit an official request to the Ministry of Labor and Social Affairs through the employer or their official representative in Iraq.
2. The request must include all necessary information regarding the individual’s documented qualifications and available supporting documents, as well as the foreigner’s name, nationality, type of work, duration of employment, and the employer’s full name and address.
3. The Department of Labor and Social Security in Baghdad will review the request, obtain the necessary approvals, and liaise with the relevant authorities. Upon the foreign worker’s entry into Iraq, they must report to the Department of Labor and Social Security within seven days of their arrival to complete the verification process and finalize the work permit procedures.

This legal framework ensures that all foreign workers follow the appropriate channels and meet the requirements set forth by the Iraqi labor authorities.

Duration of Work Permits

Pursuant to Article 5 of the Regulations Governing the Employment of Foreigners in Iraq, work permits are issued for an initial period of one year. These permits may be renewed subject to operational requirements, provided the foreign national submits a renewal request through the employer at least one month prior to the expiry of the current permit.

Legal Consequences for Non-Compliance

Failure to adhere to the regulations concerning work permit issuance will result in the offending company and its foreign employees being summoned to the labor court, in accordance with Article 10 of the Regulations Governing the Employment of Foreigners in Iraq. The law mandates that offenders are subject to imprisonment ranging from a minimum of one month to a maximum of six months. Furthermore, a monetary fine not less than one hundred Iraqi Dinars and not exceeding three hundred Iraqi Dinars will be levied against any individual violating the foreign employment regulations.

Employer Penalties

Under Article 36 of the Labor Law, employers who fail to comply with the stipulated provisions will incur a fine quantified as three times the minimum daily wage up to three times the minimum monthly wage of the worker. This penalty applies to any entity or individual contravening the chapter’s regulations.

Exemptions Outlined in Article 11 of the Regulations on Foreign Employment in Iraq:

Section One: Exemptions from these Regulations

The following categories are exempt from the stipulations of these instructions: 

1. Individuals working for international bodies, diplomatic missions, and officially recognized foreign consulates and commercial representatives in Iraq. 
2. Foreign nationals who are authorized under international laws, treaties, and agreements where the Iraqi government is a signatory, to conduct business activities within Iraq. 
3. Foreign nationals employed directly by the government.

Section Two: Specific Exemptions for Short-Term Employment

Foreign workers brought into Iraq for a period not exceeding 30 days for the purpose of providing expertise, performing maintenance, sustaining operations, offering technical advice, or conducting similar tasks are exempt from the procedural requirements specified in the first clause of Article 4 and Article 6 of these instructions.

Required Documents for Granting Work Permits to Foreign Workers in the Corporate Sector (For Companies with Government Contracts or Investment Permits):

1. Form Retrieval and Submission: Retrieve the application form via the provided link and submit it in the company’s prescribed format, clearly stating the company’s current precise address and contact information. This should be addressed to the Department of Labor and Vocational Training.
2. Worker Information List: Attach a list of workers to the application. The list should include:
   • Worker’s Name
   • Passport Number
   • Nationality
   • Profession (Specific Specialization)

3. Residency Sticker Copy: Attach a copy of the residency sticker from the foreign worker’s passport, indicating the type of visa and the entry stamp for Iraqi territory.
4. Entry Visa Copy: Include a copy of the paper entry visa for the foreigner, named on the investment project or contracted by the state. This visa is considered a security approval as per Council of Ministers Resolution No. (245 for the year 2019).
5. Payment of Fees: Pay a fee of 1,000,000 (one million) Iraqi Dinars for the application and an additional 250,000 (two hundred fifty thousand) Iraqi Dinars for each work permit issued.
6. Contract Documentation: Attach an active contract with government institutions. For secondary contracts, an endorsement from the relevant governmental body or a valid investment permit for the project must be included.
7. Legal Documentation: Provide a valid, notarized power of attorney and the valid identification of the lawyer, accompanied by all necessary documents for both the lawyer and the authorized director.
8. Company Papers: Submit the company’s official documents.
9. Copies of Passports: Provide copies of the passports of all foreign workers.
10. Photographs of Workers: Attach two recent passport-size photographs of each foreign worker, with a white background.
11. Social Security Endorsement: Obtain an endorsement from the Social Security Department that confirms the company is covered by social security, detailing the number of national and foreign workers.
12. Compliance with Labor Law: Note that the company will be considered in violation of Article (30) of the current Labor Law if more than sixty (60) days have passed since the foreign worker’s entry into Iraq.
13. Blood Test: Ensure that a blood test is conducted after the worker’s entry into Iraqi territory.

Please note that each foreign worker must be matched with one to two Iraqi workers registered with the Social Security Department to promote Iraqi employment.

Different IMPROVED Style

Legal Status of Foreign Workers and Professionals under Iraq’s Labor Law

Work Permit Procedures

Iraq’s Labor Law provides a robust legal framework for foreign workers and professionals, ensuring compliance and fostering a legally sound working environment. Labor Law No. 37 of 2015, particularly Articles 30 and 31, delineates the mandatory procedures and requirements for obtaining work permits for all foreigners working in Iraq’s private sector. These provisions are not only pivotal in legalizing the status of foreign workers but also define the framework within which they can enjoy their employment rights and the process through which leave is granted to foreign employees.

Article 30 explicitly prohibits the employment of any foreign worker in any capacity without a work permit issued by the Ministry, against a fee determined by the Minister’s instructions. Article 31 further emphasizes the necessity of obtaining a work permit before engaging in any work activity in Iraq.

Detailed instructions accompanying the Labor Law clarify the step-by-step procedure for foreign individuals outside Iraq who wish to work in the country:

1. Application Submission: The foreign individual must submit an official request to the Ministry of Labor and Social Affairs via the employer or their official representative in Iraq.
2. Documentation: The application must include comprehensive information such as the individual’s documented qualifications, supporting documents, personal details, type of work, employment duration, and employer’s full details.
3. Review and Verification: The Department of Labor and Social Security in Baghdad will review the request, secure necessary approvals, and coordinate with relevant authorities. Upon the foreign worker’s arrival in Iraq, they must report to the Department within seven days to complete the verification process and finalize the work permit procedures.

Duration and Renewal of Work Permits

Under Article 5 of the Regulations Governing the Employment of Foreigners, work permits are initially valid for one year and can be renewed based on operational needs if the foreign national submits a renewal request through their employer at least one month before the current permit expires.

Legal Consequences for Non-Compliance

Non-compliance with work permit regulations leads to significant consequences. Under Article 10 of the Regulations, both the offending company and its foreign employees may face legal action in the labor court. Offenders could be imprisoned for one to six months and fined between 100 to 300 Iraqi Dinars. Article 36 further stipulates that employers who fail to adhere to the provisions will incur fines amounting to three times the minimum daily wage up to three times the minimum monthly wage of the worker.

Exemptions and Special Provisions

Certain categories are exempt from standard foreign employment regulations, including:

• Individuals employed by international bodies, diplomatic missions, and recognized foreign entities.
• Foreign nationals authorized under international laws where Iraq is a signatory.
• Foreign government employees.

Special exemptions are also provided for short-term employment not exceeding 30 days, aimed at experts and technical advisors who do not need to fulfill the standard procedural requirements.

Documentation for Work Permits in the Corporate Sector

Companies engaging foreign workers, especially those with government contracts or investment permits, must adhere to rigorous documentation requirements:

• Comprehensive Application Forms and Worker Information Lists specifying personal and professional details.
• Residency and Visa Documentation: Copies of residency stickers and entry visas, which also serve as security approvals.
• Fee Payment: A substantial fee for application processing and per work permit issued.
• Contract and Legal Documentation: Active contracts with government entities, endorsed by relevant governmental bodies or supported by valid investment permits.
• Social Security and Health Compliance: Proof of social security coverage and health checks to ensure compliance and promote public health.

These detailed regulations underscore the Iraqi government’s commitment to a regulated labor market that safeguards the rights and responsibilities of foreign workers while promoting local employment through strategic policy measures. This comprehensive approach ensures a balanced and legally compliant workforce, contributing to Iraq’s socio-economic development.

Written By 

Mustansir & Zainab