Work Permits in Iraq for Individuals:
Article 6 of Instructions No. 18 of 1987 states that:
Applying for a work permit can be a complicated process if you do not have access to the right facilities, this is where our firm come in to provide you with all information regarding this process, required documents, how to obtain such documents, where to submit them etc. below is a simple explanation on how the process work in general.
apply for work permit
First – Foreign individuals, who are outside Iraq, and are interested in working in Iraq, should follow the following procedures in order to obtain a work permit:
- Submit a written request to the Ministry of Labour and Social Affairs through the representatives of the Republic of Iraq abroad, or their attorney in Iraq, or the employer who wants to recruit them in Iraq.
- The request should include all the required information and supporting documents, and should clearly indicate their name, nationality, type of work, duration of the work, and the employer’s name as well as the employer’s full address.
- The Department of Labour and Vocational Training, or its divisions in the other provinces, will check all the legal conditions and the obtainment of the work permit in Iraq then will approach the competent authorities and issue an entry visa to this foreigner individual. When the workers enter Iraq, they are required to go to the Department of Labour and Vocational Training within 7 days from the date of their entry in order to finalize the procedures for obtaining the work permit.
Second –foreign individuals who are already in Iraq wishing to obtain an Iraqi employment visa should follow the following steps:
- Submit all the legal papers and documents that prove the legitimacy of their entry and residency in Iraq.
- Submit a written request to the Department of Labour and Vocational Training in Baghdad, or its divisions in the other provinces, or the employer who wants to recruit them in Iraq.
- The request should include all the information related to their qualifications supported by the available certificates and documents, and should clearly indicate their name, nationality, type of work, duration of the work, and the employer’s name as well as the employer’s full address.
In both cases the following documents must be included:
- Visa application form
- Two colour photographs of the applicant
- Colour copy of the passport with at least 6 months validity
- Official letter from the employer inviting the foreigner to work in Iraq.
Time: Visas take approximately 4-8 weeks to be processed.
Employment Contracts Requirements by the Ministry of Labour:
Our Firm will be ready to provide all necessary support for investors to verify and review their employment contracts for it to be legally correct according to Iraq’s own legislation around employment. We are aware that many foreign businesses when coming to Iraq would be concerned regarding issuing working permits, social welfare for workers (foreign and Iraqi) and other related matters, therefore we take extra steps to reassure our clients that we will be able to facilitate this process in the most possible way.
Below is chapter 6 of the Labour Law 2015 for an example of the duties that business are obliged to follow in Iraq:
Articles in Chapter SIX: the first and second sections: The Contract of Employment
These sections deal with the individual employment contract: signing the individual employment contract and terminating the employment contract. The individual employment contract must be written with 3 identical signed copies and must include the following:-
- the name and address of the employer, and the nature of the work; the name of the employee, his date of birth, qualifications, place of residence and nationality;
- the nature and type of the work, the length and the starting date of the contract;
- the principal salary plus any allowances, any extras or increases, benefits or awards which he (the worker ) is entitled to; the agreed place and the time of payment; and
- the number of working hours agreed upon and how they are organised.
Termination of employment will occur in any of the following cases:
- the death of the employee;
- imprisonment of an employee by a court for more than one year; in the case of imprisonment for less than one year then the employee should be returned to work, but without payment for the period of his absence through imprisonment or arrest;
- the death of the employer if it is a private company and if it is impossible for the heirs to renew the contract as part of the inheritance;
- in case of liquidation of the business, either by a court or at the employers’ own request, with the Minister’s agreement;
- If both employer and employee agree, in presence of the worker’s representative; termination if it is specified in the contract;
- resignation of the employee on condition that the employee should give the employer at least 30 days notice prior to the day of termination; and
- in the event of unavoidable circumstances.
And also the employer can dismiss the employee in the following cases:
- if the employee becomes ill , to the extent that his capacity to work is reduced by 75%, and this is certified by an official medical report;
- if the employee becomes ill to the extent that he will not recover for 6 months from the start of the illness, and this is certified by an official medical report;
- if the employee reaches retirement age;
- if the work project or contract shrinks in size and if this is confirmed by the Minster;
- if the employee breaks the terms of his contract or fails in his duties;
- if the employee uses a false name or identity or has forged documents; and
- if the employee does not pass his probation period. If the employee commits a major fault, resulting in a substantial loss or delay in production for the company.