Legal guarantees for migrant workers in Iraq: Implementation problems and proposed solutions

Abstract

This study examines the legal framework governing foreign labor in Iraq under Labor Law No. (37) of 2015, which seeks to balance the need for foreign workers—particularly skilled labor—with the protection of the national workforce, in light of the significant increase in migrant labor after 2003 and its accompanying social, economic, and security implications. The law requires that foreign workers may not be employed without an official work permit and guarantees them fundamental rights equivalent to those of Iraqi workers, including wages, rest, and occupational safety, while obligating employers to provide legal residency, health and social insurance, and travel tickets. However, in practice, many workers enter on tourist or commercial visas and work without permits, depriving them of legal protection and exposing them to exploitation, while also intensifying competition with domestic labor, increasing unemployment rates, and contributing to annual financial outflows estimated at approximately $600 million. The system further suffers from weak oversight and inspection mechanisms, particularly in enforcing the (20% foreign / 80% Iraqi) employment ratio, alongside documented violations such as the confiscation of documents and wages and instances of forced labor. This indicates that, although the legal framework is theoretically well-developed, it requires more effective enforcement mechanisms to ensure rights protection and maintain balance within the national economy.