المدة في عقد العمل بين قواعد واحكام القانون المدني وقانون العمل: العراقيين دراسة مقارنة

Abstract

This research deals with the subject of the duration of the employment contract under the rules and provisions of the Iraqi civil law and labor Law. The employment contract is one of the important contracts in the life of society, because the workers are parties to this contract who are a large class of society, meaning that the employment contracts are connected to the wide range of economic relations, and the duration of that contract has a fundamental role in it and raises not only many questions but also many problems.  We have discussed the subject of the research in both civil law and labor law, because the legislature has regulated the employment contract in civil law in details, and then he re-regulates it in labor Law again, affecting the rules of duration and the will of the parties to the contract to a considerable extend. In the other side, a new labor law enacted in 2015 to replace the labor law the year 1987 which in its side contains new rules and provisions related to the duration of employment contract. All these legislative developments were in need of study to check their suitability and this is the main task of this research.  We have applied the comparative method in studying the subject of the research, comparing between relevant provisions of Iraqi Civil Law and Egyptian and Syrian Civil Laws, and between relevant provisions in Iraqi labor Law and Egyptian, Syrian and Algerian Labor Laws.   In order to study the subject in details and in all sides, we have divided the research into three chapters, in the first chapter we have talked about the duration in employment contract in Civil Law, in the second chapter we have talked about the employment contract in Labor Law, and in the chapter three we have studied the duration in employment contract in labor Law. At the end of the research, we have put the conclusions containing the outcomes and recommendations we reached to.