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Employment Contracts Termination Due to Automation and its Legal Consequences (An Analytical Study) | ||
| Journal of Anbar University for Law and Political Sciences | ||
| Article 30, Volume 16, Issue: 3, September 2026, Pages 885-913 PDF (827.44 K) | ||
| Document Type: Research Paper | ||
| DOI: 10.37651/aujlps.2026.175184.1791 | ||
| Authors | ||
| ahmed mohammed siddiq* 1; Rakan Salah Ahmed2; Pashiman Faidhulla Omar2 | ||
| 1Iraq / Kirkuk / University of Kirkuk / College of Law and Political Science | ||
| 2Department of Law, Faculty of Humanities and Social Sciences, Koya University, Koya 44023, Kurdistan Region –F.R. Iraq. | ||
| Abstract | ||
| Artificial intelligence has become a reality that intervenes in various aspects of life, giving rise to a novel legal phenomenon known as (automated replacement), whereby a machine or intelligent system displaces the human worker in the performance of his duties. This has prompted many employers to invoke such replacement as a pretext for terminating existing employment contracts. The significance of this topic is manifested in the scarcity of studies addressing it despite its gravity, and the insufficient attention it has received from researchers. This study accordingly adopted the inductive-analytical method, with a view to enriching the analytical perspective on employment contract termination through automated replacement and its legal effects. The study concluded that the provisions of Article (36/Sixth) of the old Iraqi Labor Law No. (71) of 1987, as well as Article (43/Second/D) of the new Labor Law No. (37) of 2015, do not apply to cases of automated replacement, given that both provisions require the diminution of the establishment's own size to constitute the underlying cause justifying termination, whereas automated replacement does not necessarily entail a contraction of the enterprise; rather, the enterprise may remain the same size or even expand, with its effect confined solely to a change in the means of production employed. This divergence in legislative rationale reveals a genuine legislative lacuna in Iraqi labor law in the face of accelerating technological transformation. Accordingly, | ||
| Keywords | ||
| Automated replacement; warning; compensation; worker; employer | ||
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