Dr. Yonis Salahalden
Department of Law
Cihan University - Erbil
The labor law (law of employment), everywhere, regulates both the collective and individual employment contract. The same is true for the Iraqi labor law No.37 of 2015. It is worth-bearing in mind that the employment contract is a bilateral commutative agreement, which is defined according section (9) of the first article of the afore-mentioned law as (Any explicit or tacit, oral or written agreement whereby the worker undertakes to work or to offer a service under the control and supervision of the employer in return for a wage of any kind). Analyzing this definition, we can conclude that the reciprocity and mutuality characteristic of the employment contract, leads to the creation of mutual bilateral obligations of both the employer and the worker. Although the labor law neither does take strict measures and precautions against the far-flung proliferation or dissemination of epidemics nor pandemics. But we can make use of some obligations shouldered by both the employers and the workers, to protect the workplace from the proliferation of this pandemic. To begin with, let us discuss some of the employer's obligations to provide safe environmental workplace for the worker. The most important of which is the employer's health safety obligation towards the worker, that is to say, the obligation to guarantee or ensure the worker's health safety. This obligation has been decided in conformity with the section (2/D) of the article (39) of the labor law No.37 of 2015 which provides that (The employer has the following duties: D; To ensure healthy conditions at the workplace and take sufficient safety measures to protect the worker while performing his job). In spite of the shortcomings and weaknesses vitiating this law concerning the precautions to be taken against the proliferation of epidemics and pandemics, but we think that the precise application of this section will be sufficient to keep the workplace safe from the proliferation of pandemics, such as coronavirus COVID-19. This obligation requires the employer to provide the worker, not only with safety goggles and helmets, but also with hygienic equipment and such tools as gloves, masks and disinfectants to keep the work place safe from any type of infection. Particularly, in the factories and manufacturing places specialized with implementing vital industries. Because the reciprocal nature of the obligations arising from the contract of employment, the worker is also obliged with some duties aimed at keeping the workplace safe, particularly from infection and infectious diseases. Among those duties and obligations, the worker is obliged to abide by the occupational health and safety rules, in conformity with the section (2/D) of the article (40) of the labor law No.37 of 2015 which provides that (The worker has the following duties: D; To abide by the occupational health and safety rules). The worker is obliged usually to follow occupational health and safety rules and instructions announced and fixed in the workplace. But this obligation should be intensified big health crises, like the proliferation of coronavirus COVID-19. Reciprocally, the worker has the right to work within safe working environment. This right has been decided by Section (1/H) of the Article (40) has given the worker the right to work within safe circumstances and healthy work environment. And provides that (The worker has the following rights: H; To work within safe circumstances and healthy work environment). This means that the employer should take strict measures to make the workplace healthy enough to enable the worker to perform the work far away from any type of bacteria and infectious diseases. As well as keeping the workplace safe from air and water pollution. The employer is also obliged to provide the worker with the all necessary tools of first medical aid according to the section (1/C) of the article (118) of the labor law No.37 of 2015 which provides that (The employer undertakes to do the following: C; Provide first medical aids in accordance with the type of the work and in specific and known locations). The employer will also be obliged to provide and ensure primary and periodic medical examinations to all the workers from time to time, according to the section (2/5) of the article (113) of the labor law No.37 of 2015 which provides that (In order to implement the provision specified in paragraph 1 of this article, the following must be abided by: 5-Ensure that all workers undergo primary and periodic medical examinations regarding occupational health and safety and the work environment, with the inclusion of accidents, occupational injuries and diseases that occur at work or are related to it). section (2/1) of the same article required the employer to provide workers with a suitable, healthy, easy, safe and secure working environment. The labor law also obliges the employer, administration, workers or worker's representatives to cooperate among themselves, to achieve the optimal health and safety levels within the workplace. In conformity with the section (1) of the article (113) of the labor law No.37 of 2015 which provides that (The cooperation between the employer or the administration and the workers or the workers representatives in the enterprise is deemed an essential element of the measures taken to improve the conditions of occupational health and safety on the enterprise level and in the workplace).
