Crimes Affecting the Financial Rights of Workers in Iraqi Law and Islamic Law

In fact, the philosophy of criminalization in the context of the criminal responsibility of the employer stems from the idea of convergence of interests and mutual rights i.e. between employers and workers, bound by labor laws and labor laws in their organizations. Employment contracts, which closely follow the continuous development of labor relations, to limit the criminal behavior of employers within the framework of labor relations, and supplementary subsidiary legislation, although the labor law rules are not devoid of criminal provisions and legal rules for women whose violations lead to criminal penalties to protect For workers, the ordinary criminal law is no longer the only law that lists crimes and penalties, but there are many specialized laws such as the Labor Code that complement the Penal Code by criminalizing behavior that is not judged by the latter, taking appropriate decisions based on the specific circumstances of those crimes, and providing for exceptional criminal offenses It cannot be compared in criminal law and general rules, such as updating the penalties for repeated labor violations, and the inadmissibility of stopping financial penalties. The criminal responsibility of the employer is an absolute necessity imposed by professional reality in order to avoid the arbitrary position of the latter (whether natural or legal) and to compel him to respect the legal rules governing individual and collective labor relations and to make the parties, especially disadvantaged parties in labor relations, criminal in nature, and to achieve political professionalism Based on social justice, it is necessary to intervene in most legislative texts related to labor relations. Labor relations, in order to maintain social public order, adapt to the development of individual and collective labor relations and their requirements, with criminal provisions designed to provide workers with adequate and effective protection, and from this point of view came the necessity to study the crimes affecting the financial rights of the worker to shed light on those crimes and know the extent of their harm to the worker. The worker and its protection by legislation and Sharia, so we detailed these crimes according to the inductive analytical method and the comparative method between Iraqi legislation and Islamic Sharia, and we divided the study into three chapters. The Iraqi criminal, and we separated in the third chapter the nature of the financial rights crimes of the worker in Iraqi legislation and Islamic jurisprudence, then we concluded the letter with several results we reached during our studies and a number of recommendations that we hope to take, and we ask God for success.