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Procedural Safeguards, Legal Effects and Remedies for Disciplinary Dismissal under Iraqi and Iranian Labour Law: A Comparative Study
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Tabarak Ali Al-Janabi1   , Seyed Ali Mirdamad2 |
1- PhD Student, Faculty of Law, University of Qom, Qom, Iran.
2- Supervisor, Department of Private Law, Faculty of Law, University of Qom, Qom, Iran. |
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Abstract: (12 Views) |
| This study analyses procedural safeguards, legal consequences and remedies associated with disciplinary dismissal under Iraqi and Iranian labour law. It begins from the premise that the existence of an alleged occupational violation does not, by itself, establish the legality of terminating employment. The central issue is whether the procedures preceding and following dismissal, together with complaint and review mechanisms, adequately protect workers against arbitrary decisions and preserve accrued employment rights. Using descriptive, analytical and comparative methods, the article draws solely on the legislation, doctrinal discussion and comparative findings contained in the principal doctoral dissertation. It addresses investigation, the opportunity to respond, written records, notification and the settlement of outstanding wages and benefits. It also examines the legal position of the dismissed worker, the priority of employment claims and access to quasi-judicial and judicial review. The comparative analysis indicates shared commitments to procedural protection and the continued enforceability of accrued financial entitlements, but reveals differences in institutional design. Iraqi law emphasises review of dismissal decisions through specialised judicial processes, whereas Iranian law gives substantial importance to representative participation and labour dispute resolution bodies. The systems also differ in the legal consequences of an unjustified dismissal, particularly regarding reinstatement, wage recovery and financial compensation. The study concludes that effective protection requires a continuous procedural framework, beginning with the examination of the alleged misconduct and continuing through reasoned notification, administrative documentation, accessible appeal procedures and enforcement of the appropriate remedy. The proposed measures focus on clarifying procedural duties, strengthening institutional oversight and preventing disciplinary termination from being used to extinguish employees' acquired rights. |
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| Keywords: Procedural Safeguards, Disciplinary Dismissal, Judicial Review, Wage Claims, Reinstatement, Comparative Labour Law. |
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Full-Text [PDF 558 kb]
(10 Downloads)
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Type of Study: Research |
Subject:
Special
Received: 2026/10/13 | Accepted: 2026/02/20 | Published: 2026/02/20
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