الفصل التعسفي وعلاقته بالأمن الوظيفي في قانون العمل العراقي

المدرس المساعد . حاتم عراك عفتان

doi:10.64184/ajlps.V3.I3.Y2026.p.617-640.408

Authors

Assistant Lecturer. Hatem Iraq Iftan University of Fallujah / College of Applied Sciences Author

DOI:

https://doi.org/10.64184/ajlps.V3.I3.Y2026.p.617-640.408

Keywords:

Arbitrary dismissal, termination of employment, job security, Iraqi Labor Law.

Abstract

The aim of this research is to demonstrate the extent to which Iraqi Labor Law No. (37) of 2015 contributes to enhancing job security for workers through regulating arbitrary dismissal provisions and the related legal safeguards, in light of a main problem represented by the adequacy of the legislative protection granted to workers in limiting unlawful termination of employment and achieving job stability. The study adopts both the analytical and deductive approaches by analyzing relevant legal texts related to arbitrary dismissal and job security, and by deriving their legal effects on the worker’s legal position within the employment relationship. The study concludes that the Iraqi legislator has established a set of legal guarantees, including compensation, the possibility of reinstating the worker to his job, and the right to challenge termination decisions, which contribute to limiting the effects of arbitrary dismissal and strengthening workers’ legal protection. It also finds a close relationship between the effectiveness of these legal guarantees and the level of job security, as strengthening legal protection and judicial oversight leads to a reduction in unlawful dismissals and supports the stability of labor relations. Accordingly, the research recommends enhancing legislative protection for workers and developing labor law provisions in line with practical realities, activating judicial oversight over dismissal decisions, imposing stricter penalties on unlawful termination cases, and spreading legal awareness among the parties to the employment relationship, in order to achieve a balance between the interests of workers and employers and promote job stability in the Iraqi labor environment.

References

First/ Books:

1. Mahmoud Ali Rahma, Discretionary Power and Unfair Conditions of the Employer in Terminating and Amending the Employment Contract, 1st ed., Arab Studies Center for Publishing and Distribution, Cairo, Arab Republic of Egypt, 2018.

2. The Arabic Language Academy, Al-Mu'jam Al-Wasit (The Concise Dictionary), entry 4th ed., Al-Shorouk International Library, Cairo, 2004.

Second/ Research and Scientific Journals:

1. Hamad bin Ahmed bin Amer Al-Saadi; Salem bin Ahmed bin Rashid Al-Muslihi; Afraa bint Jumaa bin Saeed Al-Hashimiya, Unfair Termination of the Employment Contract: A Descriptive and Analytical Study, Al-Andalus Journal of Humanities and Social Sciences, Vol. (12), No. (134), 2025.

2. Hassan Ahmed Al-Desouki, Procedural Specificity of Labor Disputes between the Principle of Protection and the Requirements of Prompt Justice, Journal of Legal and Economic Studies, Vol. 12, No. 1, 2026.

3. Ahmed Abu Zeina, "Arbitrary Dismissal of Employees in Light of Conflicting Rulings of the Palestinian Court of Cassation," UAE University Journal of Legal Research, Vol. 37, No. 93, January 2023.

4. Asra Muath Ahmed and Firas Abdul-Razzaq Hamza, "Employer's Liability for the Unlawful Termination of the Employment Contract," Journal of Legal Studies and Research, No. 7, College of Law, Al-Nahrain University, Iraq, 2017.

5. Hamad Mohammed Hussein Al-Dhibyan, "The Impact of Job Security on Employees' Ethical Behavior: An Applied Study on the Saudi Telecom Company," International Journal for Publishing Research and Studies, Vol. 3, No. 12, 2022.

6. Mu'ayyad Kamal Hattab; Bahaa Ahmed Al-Ahmad, "Setting the Standard for Arbitrary Dismissal According to Modern Legal Trends: A Comparative Study Between Palestinian and British Law," *Jordanian Journal of Law and Political Science*, Vol. 17, No. 4, 2024.

7. Raghad Abdul-Muhsin Rayyan, "The Principle of Free Practice of Professional Activity in Labor Law (An Analytical Study of a Principle of the French Court of Cassation)," *Journal of the Faculty of Sharia and Law*, Al-Azhar University, Vol. 38, No. 4, October 2023.

8. Musa Mustafa Shahada, "The Principle of Equality Before Assuming Public Office and Its Applications in Administrative Judiciary Rulings: A Comparative Study," *Journal of Sharia and Law*, Faculty of Law, United Arab Emirates University, No. 16, 2002.

9. Muhammad Ali Al-Ta'i, "Arbitrary Termination of the Employment Contract in Iraqi Law (A Comparative Study)," *Journal of Legal Sciences*, Faculty of Law, University of Baghdad, Vol. 13, Nos. 1-2, 1998. 10. Ramadan Muftah Abdul Raouf, "Problems of Legal Protection for Workers under Labor Law," Bani Walid University Journal of Humanities and Applied Sciences, Volume 10, Issue 2, 2025.

11. Laith Ibrahim Ali, "The Basic Principles of Iraqi Labor Law No. (37) of 2015," Tajseer Journal for Multidisciplinary Research and Studies, Volume 2, Issue 2, 2022.

12. Marah Mashhour Yousef Musleh; Sultan Ibrahim Al-Ateen, "Arbitrary Dismissal in Jordanian Labor Law: A Legal Analysis of Workers' Rights and Mechanisms for Protecting Them," Middle East Journal of Legal and Jurisprudential Studies, Volume 5, Issue 1, 2025.

13. Anas Maan Taher Maarouf; Yazan Nafeh Mahmoud; Osama Muhammad Al-Atraqji, "Job Security and its Role in Reducing Employee Turnover in Educational Organizations: A Case Study in Private Universities – Erbil," Cihan University – Erbil Scientific Journal, 2018.

14. Ahmed Subhi Jamil Al-Naqqash, "Conflict of Laws in the Employment Contract," Egyptian Journal of International Law, Egyptian Society for International Law, Volume 27, Egypt, 1971.

Third/ Theses and Dissertations:

1. Muhammad Zaki Raja Abu Ara, Arbitrary Dismissal in the Palestinian Labor Law No. (7) of 2000: A Comparative Analytical Study, Master's Thesis, Deanship of Graduate Studies, Al-Quds University, Jerusalem – Palestine, 2014.

2. Muhammad Saeed Saad Abdullah Bakheet, The Principle of Equal Opportunities in the Field of Public Service, Doctoral Dissertation, Faculty of Law, Ain Shams University, Egypt, 2009.

3.Abdullah bin Ahmed bin Darwish Al-Farsi; Al-Sharif, Muhammad Al-Madani Saleh Al-Sharif, Arbitrary Dismissal of Workers in Omani Labor Law: A Comparative Study, Master's Thesis, Dhofar University, Salalah, Sultanate of Oman, 2022.

4. Nasser bin Hamoud bin Muhammad Lawardi; Yousef Ahmed Mahmoud Nawafleh, Procedural and Substantive Protection of Workers from Arbitrary Dismissal: A Comparative Study, Master's Thesis, Sultan Qaboos University, Muscat, 2020.

5. Dina Mubarak, Termination of the Employment Contract, Doctoral Dissertation, Ain Shams University, Cairo, 1987.

Fourth/ Legislation:

1. Jordanian Labor Law No. (8) of 1996 and its amendments, Official Gazette of Jordan, Issue (4113), dated 16/4/1996.

2. Palestinian Labor Law No. (7) of 2000, published in the Palestinian Gazette, Issue (39), dated 25/11/2000.

3. Iraqi Labor Law No. (37) of 2015, Iraqi Gazette, Issue No. (4386), dated 9/11/2015.

Fifth/ Judicial Decisions:

1. Decision No. 647/Labor/2017 of the Federal Court of Appeals of Baghdad Al-Rusafa (Baghdad Labor Court), dated July 26, 2017. Unpublished decision.

2. Decision No. 3893/Civil Panel/2017 (T/3904) of the Federal Court of Cassation (Civil Panel). Unpublished decision.

Sixth/ Websites:

- Omar Mohammed, "Arbitrary Dismissal... The Biggest Problem Faced by Workers in the Private Sector!", Publications of the Supreme Judicial Council, Republic of Iraq, 2025. https://www.sjc.iq/view.76297/