The Legal Entitlement to Full Salary During Official Leave in Iraq

Abstract

An employee is entitled to his full salary, as determined by the Iraqi legislator, while on leave of absence, unless otherwise stipulated. However, the legal texts merely mention the phrase "full salary" without precisely defining its components. This has led to a discrepancy in its interpretation between the Ministry of Finance, which has limited the entitlement to the nominal salary, fixed allowances, and variable allowances for only one month, and it is cut off if the leave period exceeds that, and the State Council, which has not settled on a unified approach. Sometimes it supports the position of the Ministry of Finance, and at other times it expands the scope of entitlement to include variable allowances for the entire duration of the leave of absence. It is understood from the nature of the legal texts and the legislator's intentions that the full salary includes the nominal salary, fixed allowances, and variable allowances granted by force of law, in order to achieve job fairness and financial stability for the employee. Nevertheless, this discrepancy in interpretation necessitates the legislator's intervention to define the components of the full salary in an explicit text to ensure uniformity of application and avoid discrepancies in its interpretation.