Legal regulation of the household labor contract a comparative

Volume 9 , Issue 2 , December 2021 , Pages 121-164

Authors

Zuber Mustaffa Hussein 1 ; Dlawer Mahmud Salih 1

1 Department of Law, College of Law, University of Sulaimani, Sulaimani, Kurdistan Region of Iraq

DOI logo 10.17656/jlps.10204

Keywords

Abstract

This study deals with the domestic workers with regards to its concept, characteristics and elements, as well as the rights and obligations that the domestic worker and the home owner obligations, in addition to how it terminates, noting that the Iraqi legislator did not regulate this contract with special legislation, and excluded the category of domestic workers from the employment law’s essential part; such as determining and specifying working hours, rest times and vacations, which created a legal problem because its rules are scattered between more than one law, some of its provisions still exist under the labor laws in force, and for other provisions it is necessary to refer to the civil law. This study concludes with creating a set of conclusions and recommendations, including the recommendation for the legislator to enact special legislation to regulate the domestic work contract, and to clarify the most important rights and obligations of its parties, so that each one is fully aware of his/her rights and obligations, especially ensuring the rights of domestic service workers, the weaker party to a contract in the contractual relationship.

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