السياسة الجنائية فـــــي قانون العمل العراقي ( دراســة مـقـارنـــة )

Rp-Criminal policy in the Iraqi labor law - A comparative study -.pdf

Abstract
The Labor Law is the basic foundation for any economic development to be achieved, as it is the law concerned with the organization and protection of the labor force which, together with capital, constitutes the economic power of the state. The legislative and statutory organization of labor relations has replaced the principle of freedom of contract to achieve the greatest possible legal protection for the worker who is the weak party in the aforementioned relations, so the new concept of the labor relationship is based on a social basis embodied in a set of guarantees that are guaranteed and achieved by the provisions of labor legislation and international conventions.
In view of the special nature of labor relations that are based on unequalness between its two parties and in which the economic dimension is mixed with the social dimension, it was inevitable for the legislator to intervene to protect this relationship in general and its weak side represented by workers in particular, by using the rules of criminalization and punishment as society’s means of protecting Interests and rights that are believed to be worthy of protection, and there is no doubt that the interests of workers – as a group of broad and basic groups in society – are among the interests that confirm their worth of criminal protection. In this regard, if the criminal policy pursued by the legislator in the Penal Code is of great importance, as it is the plan according to which the legislator deals with the phenomenon of crime in terms of criminalization and punishment, then the policy mentioned in the Labor Law – as a special criminal law – is of exceptional importance due to the privacy of the interests protected by the aforementioned law and it is intended to add criminal protection On it, even the legislator is forced, while in the process of criminalizing certain acts committed by the employer or worker, to deviate from some of the general rules contained in the Penal Code.
Accordingly, this research sheds light on the criminal policy adopted by the Iraqi legislator in the applicable Labor Law No. (37) of 2015, where he dealt in detail with the aforementioned policy in all its preventive, criminal and punitive types, as well as the procedural policy that the Iraqi labor law applies when the conflict reaches between the two parties to the relationship contract to the judiciary. The research also highlighted the subjectivity of criminalization and punishment within the scope of the Labor Law, in addition to the privileges granted by the law to the worker during litigation, including the adoption of special proof rules that make it easier for the worker to prove his rights, after discussing the formation of labor courts and their jurisdiction in Iraq and some other countries.