The Cabinet Secretariat reveals the recommendations of a governmental committee to confront the problem of the increase in the number of foreign workers
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Economy News-Baghdad
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Economy News-Baghdad
The General Secretariat of the Council of Ministers revealed, on Thursday, the recommendations of the committee concerned with studying the problem of the increase in the number of workers regarding foreign workers in Iraq.
They mentioned the secretariat in a statement that “the committee formed according to Ministerial Order (651) related to studying the problem of the increase in the number of foreign workers in Iraq issued its recommendations as follows:
a. Re-adjusting the status of foreign workers in violation of the Iraqi laws in force by issuing binding decisions for the violators, as follows:
First: Adapting the legal status of violating foreign workers, those who obtain an official entry visa, and those who enter legally through a request submitted by individuals and owners of companies and projects to the Ministry of Labor and Social Affairs, as it is the sectoral authority concerned with granting and issuing work permits and licenses to meet the financial wages for issuing a work permit, implemented from the date Submitting the application, provided that the Ministry of Labor and Social Affairs notifies the Directorate of Residence Affairs to complete the procedures for granting residency according to a mechanism approved by the Ministry of Labor and Social Affairs in coordination between it and the Directorate of Residence Affairs.
Second: In order to accept the application, it is required that the consideration for each foreign worker in violation be an Iraqi worker (not employed or not retired and covered by the amended Social Security Law No. 39 of 1971), provided that this does not include housekeepers, aids for the elderly and people with special needs.
Third: Determine the period for submitting applications to (45) days, excluding official holidays, starting from the date determined by the Ministry of Labor and Social Affairs and announcing it in the official media. It is subject to extension by a proposal submitted by the Ministry of Labor and Social Affairs when there is justification for the extension.
Fourth: Offending foreign workers who are present in the Kurdistan region throughout their work period. Re-adjusting their legal status, dealing with it, and the costs of their travel are the responsibility of the regional government.
Fifth: Granting a regular entry visa to the violating foreign workers after re-adjusting their legal status, provided that (500,000) dinars, five hundred thousand Iraqi dinars, only, are collected from each worker according to the provisions of Article (44) of the Foreigners Residence Law (76 of 2017).
B. In order to facilitate and organize the investment process and create an encouraging climate in Iraq and remove all obstacles that stand in its way, which reflects positively on the speed of the economic development and reconstruction process in Iraq and based on the authority vested in the Minister of Interior in accordance with the provisions of Article (1) of the Aliens Residence Law (76 of 2017) ), which includes authorizing ambassadors and heads of Iraqi missions and consulates abroad to grant entry visas to investors, businessmen and company managers after referring to the security check.
c. Issuance of instructions from the Ministry of Labor and Social Affairs to implement the provisions of Article (30) of the Labor Law (37 of 2015), which stipulates (departments and employers are prohibited from employing any foreign worker in any capacity unless he obtains a work permit issued by the Ministry in return for a fee determined by instructions issued by the Minister).
Dr.. The National Investment Commission put in place a mechanism and technical controls to measure the size of investment projects and the amount of need to bring in foreign labor and determine the actual need for each project, provided that the commission amends the investment system (2 of 2009), Article (30 / first) thereof, provided that it is not less than (70% of employment). Iraqi) for (30% foreign labor).
e. Requiring all government institutions and investment companies, especially oil and electricity projects and the private sector, to allow follow-up and investigation detachments in the Directorate of Residence Affairs to implement the provisions of Article (24) of the Foreigners’ Residence Law and inspection teams of the Ministry of Labor and Social Affairs to implement the provisions of Article (129) of the Labor Law and facilitate investigation procedures And the inspection carried out by the detachments and teams for foreigners who violate the laws.
And the. Coordination between the federal government and the Kurdistan Regional Government, to unify procedures to work in accordance with the provisions of the Foreigners Residence Law (76 of 2017) and the Labor Law (37 of 2015) in force, according to a mechanism agreed upon between the center and the region, and not allowing violating foreign workers to move from the region to other governorates .
G. Requiring the owners of companies and investment projects contracting with all ministries and government institutions to report to the Ministry of Labor and Social Affairs when submitting requests to re-adjust the legal status of the violators working for them, provided that they are in accordance with what was specified in paragraph (d) above.
h. Re-establishing the granting of entry visas to Syrians, in accordance with the law and instructions, and canceling decisions, orders, directives, and books that contain otherwise.
i. Regulating the movement of religious tourism and tourist areas organized by the Tourism Authority in obtaining entry visas through tourism companies in a way that enhances Iraq's international position to ensure that they do not violate them.
J. Control the Iraqi regional borders with neighboring countries to prevent the entry of infiltrators and reduce the crimes of human trafficking and drug trafficking.
K. The Ministry of Labor and Social Affairs, in coordination with the Ministry of Foreign Affairs, organizes memorandums of understanding with neighboring countries and countries that export foreign labour, taking into account the concern not to bring in foreign labor from countries that do not have diplomatic representation in Iraq, in a manner that is consistent with the country's need for that labor to limit the spread of violating foreign labor.
to. Automating the work of the Directorate of Residence Affairs through the electronic visa project to follow up on the movement of foreign workers who are granted entry visas, and to identify the violating workers.
M. Approving the security approval issued by the Iraqi National Intelligence Service (when granting a foreigner an entry visa to Iraqi territory for the purpose of work) to issue a work permit from the Ministry of Labor and Social Affairs to facilitate procedures. The Iraqi National Intelligence Service is re-approached to obtain security approval when renewing the annual work permit. Adapting the status of the violating foreign workers, so the security audit period will be (7) working days.
n. Supporting the decision of the Board of Directors of the Tourism Authority to impose a financial guarantee of (25,000,000) dinars, twenty-five million Iraqi dinars, only, on tourism companies operating in the field of religious tourism, to be confiscated in the event that it is proven that individuals from the tourist groups that enter Iraqi territory through those companies have leaked out.
s. The inclusion of the Pakistani nationality is equal to the Afghan nationality, after referring to the opinion of the Tourism Authority according to the mechanism it adopts, which includes not promoting any request to grant entry visas to tourism companies, except after providing the Authority with the departure list for all members of the previous group, to ensure that visitors do not drop out.
p. Detachments of the Directorate of Residence Affairs in Baghdad and the provinces continue campaigns to follow up on foreigners who violate the law.
F. Confirm the application of the provisions of Article (40) of the Foreign Residence Law against employers in the event of failure to respond to the adjustment of the legal status of the violating foreigners working for them, which stipulates (the punishment of imprisonment for a period not exceeding three years and a fine of not less than ((500,000 dinars, five hundred thousand Iraqi dinars Only, and not exceeding (3,000,000) dinars, three million Iraqi dinars only, whoever violates the provisions of Articles / 3-8-11-32 / and in the sense of Articles (12) and (13) of the Residence Law.
s. The Central Bank of Iraq instructed all governmental and private banks, exchange companies, and money transfer offices not to allow foreigners inside Iraqi territory to transfer any sums of money abroad unless they present them (residence ID, entry visa, or valid work permit).
s. Requiring the Ministry of Communications and the Media and Communications Commission to coordinate between them and the communication companies contracting with it and operating in Iraq not to provide foreigners inside Iraqi territory with mobile phone SIM cards and Internet service, except after providing them with a valid residence ID, entry visa or work permit.
R. Returning all asylum seekers who have dropped out of the camps to house them and who practice businesses and professions outside the legal framework, in coordination between them, the Kurdistan Regional Government and the Ministry of Migration and Displacement.
u. Notice to the Ministry of Foreign Affairs to follow up the phenomenon of granting asylum seekers document to foreigners of nationalities (Syrian, Sudanese, Pakistani, and Afghani) and in coordination between them and the United Nations High Commissioner for Refugees with the offer. category because they fall under the umbrella of international protection.
T. Continuing to grant entry and residence permits based on the provisions of the Aliens Residence Law (76 of 2017) and the instructions for granting multiple entry visas No. (2 of 2021).
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