عقد التدرج المهني : دراسة مقارنة

Abstract EN

A Career progression contract or training contract is an agreement which the professional employer is pledged to train and teach his job to another person and Against this commitment the person will be under the employer hand duration all of the contract period.

The Iraqi Labor Law No.

37 of 2015 did not mention to the clear definition to the training contract but the Iraqi Civil Code No.

40 of 1954 was mentioned to the clear definition of training contract.

Training contract Is the pledge employer of an industrial, commercial, agricultural or industrial establishments to train a person in his job and that person should obligate to be under the employer hand during the period agreed upon.

The conditions of the validity of the contract should be subjected according to the customs jobs which the employer will teach it to the person.

The side of the law scholars went to deal with the train contract holding as an individual work contract, even if the worker did not receive a cash reward, While another law scholar went to that the train contract does not consider as an individual work contract , therefore it isn’t subjected to the rules of the individual work contract but its consider as private contract and its subjected to its rules.

train contract has conditions, the conditions are writing, determine the duration of learning and stages of the profession and determine the salary to person who will be under the training.

The employer (trainer) is committed to the trainee's person such as the financial, technical and sub-obligations arising from general rules and labor legislation.

The trainee person is committed to working under the employer hand at the completion of the training phase, and he has to commitment by the rules governing the training and maintain the job secrets and non-competition employer.