Twilight News published a draft pension law and social security for workers
Twilight News published a draft pension law and social security for workers
(NOTE: had to remove half of post because it exceeded allowable characters...please see link below to read the pension law in its entirety.--Thank you, Doodle Brain)
Name of the people
Based on what passed the House of Representatives and approved by the President of the Republic and based on the provisions of subsection (I) of Article (61) and item (iii) of Article 73 of the Constitution
Issued the following law: No. () for the year 2015 Law Retirement and social security for workers
chapter One Definitions and Syriacs Article 1 First, intended in this law, the following words and phrases, meanings indicated opposite thereto: - Ministry: Ministry of Labour and Social Affairs. Minister: Minister of Labour and Social Affairs. Department: Department of pension and social security for workers. Fund: Guarantee Fund and the retirement of the private, mixed and cooperative Alamalllqtaa. Director General: The Director General of the Department of pension and social security for workers. Social security: social insurance for workers insured against certain risks of life such as work-related injuries and illness, disability and old age, death and unemployment. Content: Each person working in a collective or individual project work or at work Giralniz sector and pay the security deposit to be paid subscription to the Fund Dmanouthad workers to meet any of the guarantees Owalkhaddmatowaltaweidat or bonuses or salaries provided by the fund secured for that factor. Secured Service: The service is covered by the provisions of this law. Subscribe: The amount to be paid to those established by this law. Factor: each natural person, whether male or female work under the guidance and supervision of the employer and under his administration, whether he was working a contract written or oral express or implied or for training or testing or the intellectual work or my body for a fee of any kind under this law Self-employed worker: All of lead Amlaola works with third parties. Employer: Any natural person or legal entity employing one or more for a fee. Remuneration: what it's worth every worker on the employer in cash or in kind for work of any kind, and attached to it and is one of the Emtemmath everything given to workers from the provisions of any kind, and wages for overtime. Medical expertise: the medical expertise specified in this law. Disease: ill-health which prevents the owner from carrying out his work and is not caused by injury Amiloihdd medical expertise. Occupational disease: the illness caused by the exercise of a particular profession. Work injury: occupational disease Ooasabh malfunction organic result of an accident and Qaatina work or because of him and considered in ruling on that incident, which is located to the person secured during direct gone to work or during direct him to return and determine occupational diseases and organic faults and the proportion of the deficit came from behind their respective schedules attached to this law will be issued decision of the minister. Deficit: decrease the ability to work full or part-time work due to illness or injuries. Compensation: All content Fund paid during the life-cycle service and secured in accordance with the provisions of this law. Retirement: full or partial pension fund, which paid for the content or to his successor after him At the end of his period of service or disability or death according to the provisions of this law. Optional Warranty: system includes wishing employers or self-employed or partner with others or working outside Iraq retirement provisions laid down to ensure branch in this law. The informal sector: is a group of individuals and small businesses that produce goods or provide services or distribute the self-employed and not covered by personal or social protection. End of service benefits: monetary compensation is paid to the content of one batch if it ended his service did not give her a pension because of the lack of maturity conditions has. Board of Directors: Is the Council guarantee fund administration and retired workers. The private sector: projects that the state does not participate in a share group. The cooperative sector: a set of projects or cooperative nature activities. The mixed sector: projects that involved the state's share and the contribution of the group. Worker trainee: Everyone in the preparation, training and rehabilitation phase. Disruption of work: a situation where the content loses chance Amlhlaa reason, despite his ability and desire to work in it. Medical committees: Committees are formed by the Ministry of Health and approved by the department. Second, with the exception of the definitions, terminology and texts that responded to the special meanings specified in this law is the all definitions, terms and other provisions contained in the Labour Act in force complementary to the provisions of this law. Third: With the exception of the definitions, terminology and texts that responded to the special meanings specified in the Labour Act in force is the all definitions, terms and other provisions contained in this law are complementary to the provisions of the labor law. Article -2- First, the provisions of this law shall apply to workers in the private sector and mixed, cooperative and covered by all the provisions of the labor law. Second, the provisions of section apply to ensure retirement Iraqi workers employed outside the country of their choice, without prejudice to the provisions of international and Arab labor conventions that regulate taxation in cases of social Alhmolbagamaldman. Third, the provisions of the branches of social security for workers apply to: A-self-employed. (B) workers in the unorganized sector. (C) members of the employer's family (husband, wife and children and his roots and branches who work in the projects). D Iraqis working for the diplomatic corps operating in Iraq. Article 3 First, the provisions on ensuring that work-related injuries and occupational diseases on workers trainees secured and in accordance with instructions issued by the Minister apply. Second: If a worker injured trainee secured permanent total disability or died as a result of a work injury shall be entitled to a monthly stipend equivalent to the minimum salary or pension disease. Third: If a worker injured trainee secured partial disability resulting from the injury Amlessthak compensation equivalent to the proportion of the deficit or pay partial injury, according to the provisions of items (ii) and (iii) of Article (40) of this law. Chapter II The goal of the law and comprehensiveness Article 4 Social security is a right guaranteed by law designed to protect covered by its provisions in cases of old age, disability, illness, injuries and occupational diseases, death and disruption of work and is achieved by the main branches of social security following: First: the retirement branch. Second, work-related injuries and occupational diseases branch. Third: Branch subsidy disruption of business. Fourth: Optional security branch and to ensure that workers in the informal sector. Fifth: the branch of health insurance and services. Acquired rights Article -5- First, representing the provisions contained in this law, the minimum social guarantees prescribed Vihohaithama any law or regulation or a special cover other branches of the security or has the best advantages of warranty draft decision in this law or in one of them really is acquired for the beneficiaries of it may not be reversed either That was before the issuance of this law Obadh. Second: The provisions of the labor law in force or any other law Mkmlhlagam replaced by this law. Chapter III Administrative organization of the department Article 6 First: is concerned with the Department of pension and social security for workers with moral profile associated with the Ministry of Labor and Social Affairs, the implementation of the provisions of this law, and to act in that capacity in all legal acts and conclude contracts, including the right to litigate and own movable and immovable property and investment and to accept donations and subsidies, donations and bequests, loans and procedures legal. Second, the President circle in the center of Baghdad and it may establish branches or offices inside Iraq and which may set up outside the offices. Board of Directors Article 7 First, based in the Department of pension and social security for workers called Fund (guarantee fund and retired workers) from the funds of its assets and revenues of the circuit is made up. Second, it is the Fund's moral character is represented by Director-General or his nominee. Article -8- First: Fund Board of Directors consists of the following runs:
Undersecretary chosen by the prime minister
(B) Director General of the Department of retirement and social security for workers Edwaoorteura C-Director General of the State Pension Fund staff member (D) the Director-General of the Department of Employment and loans member (E) Director General of the Budget Department in the Ministry of Finance member (F) A representative of the National Investment Commission degree of not less than general manager of a member (G) a representative of the Ministry of Health no less degree from the Director General of the member (H) a representative of the General Federation of Trade Unions member (I) a representative of a member of the Iraqi Federation of Industries (J) Two of the experienced and competent minister chosen by members Second, the Fund's Board meets once in at least every two months or whenever necessary so quorum and the meeting in the presence of at least two-thirds of its members and shall take decisions unanimously or by simple majority, and when parity is likely to side who voted him President of the Council. Third: The term of office shall be three Snouattabtdaoua the date of commencement except for the decision, and the minister that the president asked members to continue their work until their naming replacements or re-nominated. (B) may be re-member who ended his term of office the nomination. (C) The member described in paragraph (a) above to submit a written request to the Wazzerbaafaih office becomes vacant after acceptance. (D) User is considered to have resigned if it did not attend the meeting of the Council for three consecutive sessions without an excuse acceptable to the Council. (E) operating Lists candidate for membership of the water becomes vacant before the end of the term of the remainder of the term. Fourth: The Board of Directors' decisions are subject to the Minister by virtue of authentication is ratified after fifteen days from the date of receipt. Fifth: The Fund's Board of Administration Mayati:
Investment fund, develop, maintain and identify investment.
(B) approve the general budget of the Fund Project. C - Approval of the conclusion of contracts and commitments for the Fund in accordance with law. (D) to decide on objections to this law Mderaamaldairh.ofaqalagam decisions. E - accepting gifts and donations from within Iraq, but if the outside of Vtsthsal approvals on it. (F) the promotion of efficient financial management of the Fund, financial, technical and regulations according to the latest methods of work and bring information technology replaces manual labor in all labor affairs. (G) contract with specialists and local experts Arabs and foreigners, in the light of the needs of the Fund. (H) to propose legislation that will help achieve the goals of social security. (I) the study of topics presented by the Minister or Director-General or the General Federation of Trade Unions or the Iraqi Federation of Industries, or the Federation of Chambers of Commerce and the issuance of appropriate decisions. (J) granting wage to staff the department who are assigned extra work outside the formal labor times and these wages are excluded from the provisions of the State Personnel Act. (K) raise the quarterly reports to Wazzaran financial statements and the results of fund investments. L The Board of Directors reconsider the salaries of retirees or any other amounts (mentioned) as needed for that. Sixth: The Board of Directors may authorize the President or decision some of his powers. Article 9 The department manages employee entitled general manager holds a university degree and at least a preliminary experienced and competent and has the experience to Atqn fifteen years, and in particular undertakes the following functions and powers: First, apply the policy set by the Board and the implementation of its decisions relating to branches of social security. Second: human Ttaiwiralamward in the circuit and the preparation of projects and the Angels have the budget and final accounts and presented to the Council within three months of the fiscal year end date. Third: the preparation of reports on the work of the department and its achievements and submit them to the Council and follow-up implementation of the necessary measures so. Fourth: planning, directing and evaluating the administrative, technical and financial activities of the circuit devices. Fifth, consider all requests for unsecured relevant provisions of this law. Sixth: It disbursement within the authorized boundaries of its Chairman of the Board. Seventh: Any other powers delegated to him by the Council or vested under the regulations issued under the Act. Eighth: the Director-General to entrust part of his powers to some of the department's staff. Service system in the circuit Article -10- Apply to employees of the department legal provisions of the unified civil service retirement. Chapter IV Financial regulation (PET budget) Article 11 Circuit independent budget prepared and approved by the Director General and the Board of Directors and ratified by the minister is then final approval by the Minister of Finance in accordance with the provisions of section (8) of the Financial Management Law No. (95) for the year 2004. Article -12- Fiscal year begins to circle the first day of April of each year and ends in the atheist and the thirtieth of the month of March of the following year. Financial resources of the Fund Article -13- Financial resources of the Fund consists of the following sources: First, the amounts of contributions and the amounts of the fines paid to the department or governed by administrative and Qdhaiiaofaqa the provisions of this law. Second, movable and immovable properties owned by the Fund. Third, investment returns of the Fund. Fourth: Grants, subsidies, donations and bequests and loans and any other revenue Aladarhaly Council agrees to accept them. Fifth: Circle achieved revenues according to the law regulating the distribution of profits in the companies. Sixth: the contribution of the public treasury to support the Fund in cases of emergency and exceptional circumstances that generate a deficit in the fund Seventh: Any other resources worthy of the Fund pursuant to the provisions of this Act or other laws. Article -14- First: all the money the department and fund public funds is not permitted to dispose of them except for the purposes of this Act within the limits of the rules and practices set forth therein and the Board of Directors and ratification by the minister to grant financial incentives to employees in the department and their supporters as not to exceed the (5%) of the surplus revenue earned for the department. Second: all financial procedures and actions in the circuit and the Fund for financial inspection and audit the Board of Control Almalahofaqa Iraqi laws in force subject. Third: the circle and the Fund's debt and the amounts realized under this law are considered excellent debts and collection force is applied in government debt collection law. Fourth: All funds are exempt Circle Fund movable and immovable property of all taxes and fees. General arithmetic examination of the financial center circle Article -15- Circuit held every three years at least examination mathematically (actuarially) years for its financial position after the lapse of one year from the date of entry into force of this law shall be accompanied by a report on the outcome of the examination to the Minister indicating the aspects of the balance between different branches of security resources and expenses of these branches, financial situation and investment Amellsndouk and the extent of their ability to meet their obligations Maistojb if necessary in the light of the annual reports of the Board of Directors and the Audit Court that the actuary or a committee called the actuarial experience to do this. The Minister may request that such an examination in which he attributes if time had appeared to him what it requires. Organizing fund Article - 16 Each branch of the Aldmanamwalh and reserves and its own resources also have a separate account which shows sub-budget and the amounts of revenues and expenses and the annual balance his last. Article - 17 Amwaluaiardataldairh are distributed according to actuarial examination results derived in accordance with Article 13 of this law on the security branches and relies on the following base year ratios and changed periodically according to actuarial examination results and mentioned as follows: First: the division of money and revenue set out in paragraph (ii) and (iii) of Article (13) of the Act as follows: 70% allocated to the branch to ensure a precaution retirement financial year. 30% reserve allocated for each financial year other branches of warranty. Second, allocate amounts of contributions resources described in paragraph (I) of Article (13) of this law on the security branches, which paid for it amounts to be assessed as follows: 1. deducted from the secured worker ratio (7%) of the total amount earned from wages and emoluments allocated to the retirement account branch. 2. determined by the proportion of subscriptions work for their workers creditors as follows owners:
Proportion (13%) of the total received by the factor of the wage and Alm_khassatotkon this ratio as follows:
(1%) for the branch to ensure work-related injuries and occupational diseases (1%) of the branch of subsidy to ensure disruption to work. (9%) of the branch of the retirement guarantee. (2%) of the branch of social security Asahewalkhaddmat. (B) the proportion (25%) of wages on employers in the private and mixed sectors who deal in Iraq on business caused profit from the sale of oil or other Alheidrocorpunah materials produced in Iraq and exporting it or selling the rights or interests relating to oil or other substances Alheidrocorpunah mentioned. This percentage shall be distributed as follows: (3%) of the branch of work-related injuries and occupational diseases. (3%) of the branch of subsidy disruption of work (15%) of the branch of retirement. (4%) to Fraaldman health and social services. 3. The resources are distributed set out in paragraph (vi) and (vii) of Article (13) of the Act on the branches of Aldmanovq ratios set forth in paragraph (2) of this article. 4. cash reserves of the Fund consists of the following resources:
Fixed deposits in banks.
(B) the amounts of investments and real estate revenues. (C) cash surplus of the budget for all funds of the circle and the Fund. Chapter V Calculate the amount of the contributions and levied Article - 18 First: social security contributions are calculated on the basis of a specific percentage of the wage and benefits before any deductions such as fees, taxes and debt and other, and may not be less pay now determine the percentage of the subscription amount in all cases, for the minimum Ajuralorteurh in a career working substance, if any, otherwise there may be less Minimum wage year. Second: the amounts calculated contributions paid by the owner of Alamilo deducted from wages Alamadmoninalven joining the service of the employer for the first time on the basis of actual monthly wage paid to the worker Alamadmonovq than they earn from wages and allowances. Third: the Council of Aladarhbinaa the proposal of the Director-General to determine the method of calculating pay and the amount of contributions in certain cases wages events, trainees and workers on the basis of production and Aellouktien and seasonal and others and the self-employed and workers in the informal sector, as the Board may limit the Trivhahtsab Mbalgalastrakat and collected in the cases mentioned in accordance with the instructions issued. Fourth, worth amounts of contributions for the entire first month, which begins the guaranteed service does not deserve all month part which ends in it, and if the worker wage was not a month calculated contributions on the basis of the total received by virtually wages during the entire month Without prejudice to the provisions of paragraph (i) . Article - 19 - Amount of the contributions due for the month considered whether deducted from the wages of the person guaranteed or owed by employers and payable during the following month, and is committed to working owners of their respective deduct the amount of social security contribution Almtojb the worker of his wages a month without any accumulation if wage per month, but is being Deduction by (7%) of each batch of pay during the month without any accumulation in the Lalani Halhadm deduction Her relationship is liable to pay the amount of impact on the worker participation wage for the month in which it did not deducted. Article-20- First: the employers reimburse contributions due to them and to their workers to the Department within thirty days of the following month to maturity in the case came from behind pay a fine delay of (2%) for each month of delay for the payment of Mbalgalastrakat that does not Taatjaozaaly (300%) of the principal. Second, if the Board finds that there are emergency situations or force majeure prevented the employer pay the amount of the contributions due in whole or in part in the scheduled dates Qanonobmujb objective indicators identified by the inspection committee reports he may decide to relieve him of the payments of fines in whole or in part, provided for in paragraph (i) of this article on condition of good faith and the absence of fraud or manipulation or fraud. Services that are guaranteed by law Article-21- First: should employers pay all what it's worth to them and to their workers from subscriptions for the entire period of dropping out to work when the labor contract suspended because of illness, childbirth or arrests under investigation (or any other case provided by law) may not be referred to the workers, including payment for their share of the amounts to be assessed in accordance with the provisions of this paragraph it is considered dropping out period mentioned as a guaranteed service. Second, the worker to pay a proportion (7%) from the addition of military service and the proportion (7%) for Adavhaharkat according to Ajralmsdd by security contributions when submitting the request. Third, in cases where the law requires employers to pay the worker's wage for the period, which stops his contract deducted from wages due proportion
(7%) in exchange for working in security contribution not exceed the amount could be deducted in this case on the original subscription worker shortage, and if the employers shall complete. Fourth, the Board of Directors considered the amounts owed by installments factor in paragraph (ii). Article-22 Astqtaha considered the amounts that employers of workers' wages to meet what it's worth from the escrow law as the secretariat subscriptions have them may not be disposed of for any purpose of Alagradmakhla pay the subscription amount that was deducted these amounts for. Article-23- First: If entrusted departments to perform any work for the contractor or contractor or investor, whether a major or Thanuyaojb they notified Aldairhbosm that the contractor, address and nature of the work which has been entrusted to him and costs before the start of work at least one week and considers the administration date and the contractor original Wi subcontractor responsibility for the last officials solidarity to meet prescribed the obligations under this law and the regulations and instructions issued thereunder. Second: all financial circles in the attached public treasury State directly or Independent them to refrain from exchange any entitlement to an employer or contractor or investor unless it is proved the innocence of his duty on this circuit an official document issued Anhowlldairh claim to refer the employee defaulting to justice in accordance with the provisions of embedding code number 12 for the year 2006. Article-24- First: the employers covered by the provisions of this law must submit to the Department a database containing the names and wages of workers and trainees in accordance with the models have to be decided by the department and that this data be Mtabqhlsgelathm that keep them in accordance with the labor law and amounts of contributions are calculated accordingly. Second, when the lack of accuracy in the records specified in paragraph (i) of this Article, the employers or not matching the data provided to the reality of the amounts charged as subscriptions, according to the investigation department and the employer is obliged to pay under the provisions of this law. Third, the data must be provided by employers and accurate matching of the reality that, and otherwise relies circle the mechanics of calculating the amounts of contributions and claim pay and Faqaltaqarir inspection committees.