The Federal Court of Cassation has recently issued a decree requiring the mayor of the “Nasiriyah” municipality to pay the social security contributions for the deceased daily worker “Mohammad Khoudair Mohammed” by the directorate of the municipality of the “Nasiriyah” from 2005 to 9/7/2018, because of the mayor of the “Nasiriyah” municipality did not pay the worker’s due according to the Social Security Law No. 39 of 1971.
This decision is a precedent as firstly, it obliges the employers to pay their workers contributions in the social security department during the period of their work either in the private or public sector enterprises, which they do not pay in most cases. Otherwise, the worker may resort to labor courts to ask for his rights.
Through the implementation of these legal provisions, the state employees with daily wages or contracts who are not appointed according to the Civil Service Law, can be protected with the Labor Law and therefore covered by the provisions of the Labor Law and the Pension and Social Security Law. This discriminatory decision issued by the highest court in Iraq is in favor of this category as it is not possible to deprive a segment of hundreds of thousands of citizens, working with daily wages or contracts in state institutions of any form of guarantee for their future and the future of their families.
#judicial_precedent #rights #social_security #Iraq
English 
العربية