The Nature of the Dependent Relationship and the Eextent of its Impact on the Adaptation of the university Professor’s Relationship with Private Universities through an Employment Contract

(comparative critical analysis)

Abstract

This study aiming at evaluating and analyzing a court decision made by the Court of Cassation in both Federal Government and Kurdistan Regional Government in Iraq. The decision rules that the contract made between university lecturers and private universities is not an employment contract, and therefore, their relationship based on that contract is not dependent to the articles of labour law. The court justifies its decision by stating that there is no possibility for private universities to oversee and guide university lecturer in what he/she performs, meaning that the subordination, which is a basic element to determine employment contract, is not exist between the two parties. For the purpose of the actuality of the decision and its argumentations, this research argues the concept of subordination not only through its classical elements but also through referring to all the new features of subordination were developed by developed countries and through case law. We have mainly considered the concept of subordination in Germany, France, Italy, Spain, Portugal, and some other countries that adopted common law system aiming to prove the inaccuracy of the decision made by the Cassation Court in Iraq and Kurdistan Region and the necessity to modify that decision.