الاطار القانوني للتنظيم النقابي العمالي في التشريع العراقي  (الواقع والمأمول)

م.د.منتظر صبيح داود

doi:10.64184/ajlps.V3.I1.Y2026.P655-674.291

Authors

Lecturer Dr. Muntadher Sabeeh Dawood University of Maysan - College of Law Author

DOI:

https://doi.org/10.64184/ajlps.V3.I1.Y2026.P655-674.291

Keywords:

labor union legislation, union organization, : Iraqi labor unions

Abstract

Labor unions are free, legally recognized entities with corporate personality, established to achieve a balance of power in labor relations between the weaker part,) workers( and employers and the state. This research clarifies the concept of a union as an independent, voluntary organization that guarantees the rights of its members. It highlights its most prominent characteristics: its autonomy and legal personality, distinguishing its activities and objectives from other entities. The research also examines the organizational structure of the Iraqi union model, which adopts a hierarchical form, and the fundamental principles of labor union organization, including freedom of association, union pluralism, and government oversight. Furthermore, it explores how a union entity can be dissolved legally through one of three methods: self-dissolution by a decision of its general assembly, administrative dissolution by a decision of the competent authority, or judicial dissolution by a court ruling. The research also addresses the most significant consequences of dissolution, such as the loss of legal personality and the liquidation of union assets according to internal regulations or the law. One of the most prominent recommendations is the necessity of updating union legislation to enhance its independence and representation, ensuring its compliance with international standards, thus enabling it to become an active partner in achieving social justice and sustainable development

References

Arabic Books:

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8. Dr. Muhammad Hussein Mansour, Labor Law in Egypt and Lebanon, Dar Al-Nahda Al-Arabiya, Beirut, 1995.

Published Research:

1. Dr. Ibrahim Khalil Al-Allaf, The History of the Labor Movement in Iraq, Journal of Regional Studies, University of Mosul, Vol. 8, No. 25, 2012.

2. Ban Sahib Abdul-Munim, Protecting the Exercise of Trade Union Rights, Al-Shara'i' Journal, Vol. 5, No. 1, 2025.

3. Dr. Ahmed Fadhil Hussein and Khalil Ibrahim Khalaf, The Legal Regulation of the Right to Trade Union Work in Iraq, Journal of Legal and Political Sciences, the College of Law and Political Science at Diyala University, Vol. 11, No. 1, Part 2, 2022.

4. Dr. Suad Kadhim Mahdi, "The Historical Development of Labor Law and its Impact on Workers' Rights in Iraq until 2015," Fifteenth Scientific, Al-Mustansiriya Center for Arab and International Studies, Issue 8, Baghdad, 2025.

5. Jamil Al-Numairi, "Prospects for the Role of Jordanian Parties in Political Decision-Making," Middle East Studies Journal, Issue 88, Year 23, Amman, 2019.

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Articles and Studies:

1. Adnan Al-Saffar, an article entitled "On the Trade Union Movement and Workers' Struggles in Iraq," published in Al-Hiwar Al-Mutamaddin newspaper, Issue 6551, published on May 1, 2020, available on the official website: https://www.iraqicp.com/index.php/sections/society/35661-2020-04-30-23-05-52, accessed on January 1, 2026.

2. Ali Al-Haddad, an article "General Principles of Trade Union Work," published in Al-Hiwar Al-Mutamaddin newspaper, Issue 4844, published on June 21, 2015, available on the website: https://www.ahewar.org/debat/show.art.asp? Accessed January 10, 2026.

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Constitution, Laws, and Legislative Decisions:

1. The Constitution of the Republic of Iraq of 2005, in force.

2. The Iraqi Civil Code No. (40) of 1951, in force.

3. The Iraqi Lawyers Law No. (173) of 1965, in force.

4. The Trade Union Organization for Workers Law No. (52) of 1987, in force.

5. The Federation of Iraqi Chambers of Commerce Law No. (43) of 1989, in force.

6. The Associations Law No. 13 of 2000 (repealed(

7. The Non-Governmental Organizations Law No. (12) of 2010, in force.

8. Law No. (87) of 2014, in force, concerning the accession of the Republic of Iraq to the Freedom of Association and Protection of the Right to Organise Convention No. (87) of 1948.

9. The Labor Law No. (37) of 2015, in force.

10. The Internal Regulations of the Federation of Iraqi Chambers of Commerce No. (1) of 1989. • Decision No. (3) of 1987 and its amendments issued by the Iraqi Ministry of Labor regarding the classification of professions for the purpose of union organization of workers, including the second amendment No. (1) of 2020 published in the Iraqi Gazette No. (4572) dated 1/20/2020, and the third amendment No. (1) of 2022.

Decisions of the Iraqi State Council

1. State Council Decision No. (79/2025) dated 13/5/2025, published on the official website of the State Council, https://council-state.iq/?page=65. Accessed 12/1/2026

2. State Council Decision No. (116/2025) dated 31/7/2025, published on the official website of the State Council, https://council-state.iq/?page=108, accessed 12/1/2026.