Iraq: Criticism of the Trade Union Law and demands to amend it

Iraq – Iraqi Federations and unions and Professional Associations criticized the new Trade Unions Act of 2013 submitted by the Ministry of Labour and Social Affairs, which was approved two days ago. . The most prominent notes by the unions is that the law does not meet the legislation requirements of trade union organizations and contains many shortcomings, such as the confusion between the internal powers of trade union organizations and their work regulations on one hand and the legal framework of legislation on the other. Many of the articles listed are the competence of the internal regulations of trade union organizations, not the laws, for example the conditions for membership and withdrawal from trade union organizations. Unions pointed out that the law does not refer definitively to possible forms of constitutional bodies in trade union organizations, and only refers to the General Assembly without the General Conference, the Central Council and the Executive Council of trade union organizations, for example. The unions criticized the lack of a clear definition of the union (what are its objectives and means of achieving those goals) . In addition, the law is not clear regarding the mechanisms of establishment and minimum number needed for the formation of a trade union organization. The law only mentioned that (3-5) founders needed, which may mean that 5 persons can form a trade union organization in the absence of a minimum number needed of organization. The law also did not specify the forms and levels of establishment of trade union organizations. It did not address the minimum rules of procedure of the trade unions, the importance of the rules of procedure in building the organizations, drawing up their policies and internal activities, and the powers of trade union bodies, members and leaders. The law did not specify any legal protections for organizations and the members , nor did it mention the prohibition of discrimination among members even within a single organization. They also criticized the absence of clear mechanisms for the dissolution or integration of trade union organizations and what would happen after it and legal status of dissolved or integrated organizations. The unions explained that the definitions contains significant gaps, as it did not address the definition of who is the worker and who is the worker for his own business  and who is the employee and who is the employer, according to existing law employers can establish a trade union for hos workers and this is contrary  to the international standers .