The Mandatory Nature of the Iraqi Labor Law No. (37) of 2015

Abstract

The rules of labor law in different countries are dominated by the commanding character. The legal rules are either commanding rules, or rules that are interpreting, or complementary rules. The first is not permissible for individuals to violate them. They are the rules that order or forbid a specific behavior, and the individuals cannot agree to a different ruling than the commanding rules decided, because these rules are decided, in commanding capacity, to void any agreement that contradicts them or impose penalties on the violator. As for the complementary or interpreting rules, it is permissible to agree on something that contradicts its ruling. If the individuals wanted or agreed explicitly to the contrary, this agreement would be valid.It is certain that the state’s intervention led to the mandatory nature of the labor law in which the legislator placed many guarantees for workers ’rights and deterrent penalties to prevent the violation of its provisions. The guarantees stipulated in Article (14) of the Iraqi Labor Law which indicated that the rights contained in the provisions of the law represent the minimum rights of workers and these provisions do not affect any of the rights granted to the worker under another law. The law also stated that the worker's waiver of any of the rights established for him under the provisions of the applicable labor law is not taken into account and is considered void.In our research named (the mandatory nature of the Iraqi labor law), we presented three sections. In the first we reviewed the mandatory nature, and in the second we discussed the political and economic justifications for the compulsory nature, and in the third we talked about the manifestations of the compulsory nature, and in conclusion, we noted the most prominent opinions and recommendation/suggestions related to our research.