Labour Law
Labour Law
Note 2: The Government shall be under the obligation to support the disabled in the
formation of cooperative (production, agricultural, industrial and distribution) societies
through granting long-term interest—free loans, imparting necessary training,
establishing facilities for performance of work, and protecting their products or services.
It shall also take measures to remove architectural obstacles at all the centres, subject of
this Article and its Notes where the disabled are present.
Note 3 :The Ministry of Labour and Social Affairs shall be under the obligation to
formulate the necessary by- laws for setting tip the welfare facilities needed by the
disabled employed in the job sites through consulting the Iran * Society for the Disabled,
and the State Social Welfare Organization, and to get them approved by the Minister of
Labour and Social Affairs.
Part Three: Employment of Foreign Nationals
Article 120: Foreign nationals may not work in Iran unless they initially hold an entry
visa with the right to engage in a specific job, and secondly obtain a work permit under
relevant laws and by—laws.
Note :The under mentioned foreign nationals shall not be covered by the provisions of
Article 120:
a. The foreign nationals exclusively in the service of diplomatic and consular missions
with the approval of the Ministry of Foreign Affairs.
b. The personnel and experts of the United Nations and its affiliated organizations, duly
approved by the Ministry of Foreign Affairs.
c. Correspondents of foreign news agencies and press on the condition of mutual dealings
and with the confirmation of the Ministry of Culture and Islamic Guidance.
Article 121: The Ministry of Labour and Social Affairs shall issue of the visas with the
right to engage in specific jobs for foreign nationals, and shall also issue work permits by
duly observing the following conditions:
a. Based on the information existing at the Ministry of Labour and Social Affairs, there
are no individuals desirous of work and having similar educational qualifications and
specialization.
b. The applicant foreign national possesses adequate knowledge and specialization for
employment in a desired job.
c. The foreign national’s specialization may be utilized for the training of and subsequent
replacement by Iranians.
Note: The Technical Employment Board (TEB) shall determine the cond itions laid down
in this Article. The criteria related to the number of TEB members and the terms for their
selections as well as the manner of convening the TEB meetings’ shall be in accordance
with the by—laws to be approved by the council of Ministers upon the proposal of the
Ministry of Labour and Social Affairs.
Article 122: The Ministry of Labour and Social Affairs may issue, extend any renew the
work permits of the following individuals:
a) A foreign national with at least ten years of continuous residence in Iran.
b) A foreign national having Iranian spouse.
c) Immigrants from foreign countries in particular Islamic states and those seeking
political asylum subject to holding valid immigration or refugee cards, and after the
written approval of the Ministries of Interior and Foreign Affairs.
Article 123: The Ministry of Labour and Social Affairs, may where it deems e or as a
reciprocal measure, exempt the nationals of certain countries or stateless persons (subject
to their status not being voluntary) from paying the fee for issuance, extension and
renewal of the work permit after confirmation by the Foreign Ministry and approval by
the Council of Ministers.
Article 121: Work permits shall be issued, renewed or extended for a period not
exceeding one year with due observance of the provisions of this Law.
Article 125: Should the employment relationship of a foreign national with Ihe employer
be severed due any reason, the employer will be obligated to notify the matter to the
Ministry of Labour and Social Affairs within 15 days. Also the foreign national shall be
under the obligation to surrender his work permit to the Ministry of Labour and Social
Affairs against a receipt within 15 days. The Ministry of Labour and Social Affairs shall
request the competent authorities to deport the foreign national, if necessary.
Article 126: Where the interests of national industries demand the immediate
employment of a foreign national in an exceptional case, the minister concerned shall
notify the matter to the Ministry of Labour and Social Affair, and a temporary work
permit shall be issued to the foreign national with the approval of the Ministry of Labour
and Social Affairs without observance of related formalities on the issuance of visa with
the right to work.
Note :The validity of a temporary work permit shall be for a period not exceeding three
months, and its renewal shall be subject to confirmation by the Technical Board for
Employment of Foreign Nationals.
Article 127: Employment of foreign specialists and technical experts required by the
Government shall take place, in consideration of the nationality, period of service and the
amount of their wages, and with due regard to the domestic specialized work force, after
examination by and comments of the Ministry of Labour and Social Affairs, and the
Organization for Administrative and Employment (OAE) and with the approval of the
ICA. Work permits for employment of foreign experts, in such cases, shall be issued by
the Ministry of Labour and Social Affairs after approval by the ICA.
Article 128: Prior to concluding any contract leading to the employment of foreign
experts, employers shall be required to seek the opinion of the Ministry of Labour and
Social Affairs about the authorization for employment of foreign nationals.
Article 129: The executive by- laws on foreign nationals’ employment, including the
manner of issuance, extension, renewal and cancellation of work permit, and also the
conditions governing the selection of members of the Technical Board for Employment
of Foreign Nationals referred to in Article 121 of this Law, shall be approved by the
Council of Ministers upon the proposal to be made by the Minister of Labour and Social
Affairs.
Chapter Six: Workers and Employers Organizations
Article 130 :In order to propagate and promote Islamic culture, safeguard the
achievements of the Islamic Revolution, and implement Article 26 of the Constitution of
the Islamic Republic of Iran, workers in production, industrial, agricultural, services and
guilds units may form Islamic societies.
Note 1: In order to coordinate the performance of duties and propagation methods,
Islamic societies may establish units to coordinate themselves at provincial level, and
form the High Association for coordination of Islamic societies at national level.
Note 2 :The by- laws on the manner of formation, scope of functions and powers as well
as the modus of operation of the Islamic societies, subject of this Article, must be
formulated by the Ministries of Interior, and Labour and Social Affairs, and the Islamic
Propagation Organization, and approved by the Council of Ministers.
Article 131: In order to implement Article 26 of the Constitution of the Islamic Republic
of Iran, to safeguard the legitimate rights and interests, and to improve the economic
condition of workers and employers which entail protection of the interests of the society,
the workers, subject of this Law and employers related to any vocation or industry may
establish guild societies.
Article131: In order to coordinate the performance of the assigned legal functions, guild
societies may form the guild associations units at provincial level and the High Council
of Guild Societies (HCGS) at national level.
Note 2: All guild societies and related units, at the time of establishment, shall be under
the obligation to formulate their articles of association with due observance of the legal
provisions, to present them to the general assembly, get them approved by it, and submit
them to the Ministry of Labour and Social affairs for registration.
Note 3: All representatives of Iranian employers in the High Labour Council, High
Council of Social Security, High Council of Technical Safety and Labour Hygiene, the
International Labour Conference, and their likes, shall be selected by the 1-ICGS of
Employers, in case of establishment. Otherwise, they shall be introduced by the Minister
of Labour and Social Affairs.
Note 4: The workers of a unit may have only one of these three cases: an Islamic Labour
council, a guild society or a workers’ representative.
Note 5 :The by- laws on the manner of formation, scope of functions and powers, and the
modus of operation of the guild societies and related guild associations and units shall be
formulated by the High Council of Labour and approved by the council of Ministers in a
period not exceeding one month from the enforcement date hereof.
Note 6: the by- laws on the manner of selection of representatives, mentioned in Note 3 of
this Article, shall be approved by the Minister of Labour and Social Affairs within one
month from the enforcement date hereof.
Article 132: In order to supervise over and participate in the implementation of Article 31
of the Constitution of the Islamic Republic of Iran, and also on the basis of Article 43 of
the Constitution, workers of production, guild, industrial, service and agricultural units,
subject of the Labour Law, may set up housing cooperative societies.
Note: The workers’ housing cooperative societies in each province may form a
coordination unit of provincial ho using cooperative societies. Also, the said coordination
units of provincial housing cooperative societies may set up the high council for
coordination of workers housing cooperative societies at national level (or the Central
Union of Workers’ Housing Cooperative Societies - ESKAN).
The Ministries of Labour and Social Affairs, Housing and Town planning and Economics
and Finance shall be under the obligation to cooperate with the ESKAN, and the articles
of association of the above said societies shall be registered with the Ministry of Labour
and Social Affairs.
Article 133: In order to supervise over and participate in the implementation of the
provisions on distribution and consumption stipulated in Articles 43 and 44 of the
Constitution of the Islamic Republic of Iran, workers of the production, guild, industrial,
service or agricultural units, subject of the Labour Law, may set up worker’s consumer
(distribution) cooperative societies.
Note :Workers’ consumer (distribution) cooperative societies may establish coordination
unit of workers’ consumer cooperative societies at provincial level. Also, the said
coordination units of workers’ consumer cooperative societies of provinces may set up
the high council for coordination of workers’ consumer cooperative societies (Central
Union of Workers’ Consumer Cooperative Societies — EMKAN).
The Ministries of Labour and Social Affairs and Commerce and also industrial ministries
shall be obligated to forge necessary cooperation with EMKAN. The articles of
association of the above said cooperative societies shall be registered with the Ministry of
Labour and Social Affairs.
Article 134: In order to examine and follow up guild and social issues and problems, and
to properly perform that part of the provisions of Article 29 of the Constitution which
includes Protection of the rights and interests, and benefiting from the health services and
medicare, retired workers and managers may separately establish retired workers and
managers associations in major towns and provinces.
Note 1 : Provincial associations of retired workers and managers may set up national high
associations of retired workers and managers.
Note 2 :The Ministries of Labour and Social Affairs, and
Health and Medical. Education, and the Social Security
Organization are duty bound to cooperate with the national
high associations of retired workers and managers.
Article 135: In order to create unity of method and coordination .in affairs, and to
exchange views on the manner of carrying out. functions and power, Islamic Labour
councils may form coordination association of Islamic Labour councils in each province,
and the national high association for coordination of Islamic Labour council.
Note: The by—laws on the formation, scope of functions and powers, and the manner of
operation of the associations of Islamic Labour councils subject of this Article, must be
formulated by the ministries of Interior, and Labour and Social Affairs, and the Islamic
Propagation Organization, and approved by the Council of Ministers.
Article 136: A official representatives of workers of the Islamic Republic of Iran in the
International Labour Organization, dispute probe boards, dispute settlement boards, the
High Council of Technical Safety, the High Council of Social Security and their likes,
shall be selected by the high association of the Islamic Labour councils, the high
association of guild societies or the workers’ representatives assembly, as the case may
be.
Note 1 :The executive by- laws of this Article shall be approved by the Council of
Ministers upon the proposal of the High Council of Labour.
Note 2 :Should there not be formed the workers and employers high organizations,
subject of this chapter, the Minister of Labour and Social Affairs may select the above
said representatives in assemblies, councils and high boards.
Article 137: in order to coordinate and to properly carry out the related functions, the
employers and workers organizations subject of this chapter, may act separately to form
the central organizations.
Note: The by- laws concerning the central council elections and the articles of association
of the central organizations of employers and workers shall be separately formulated by a
committee composed of the representatives of the High Council of Labour, the Ministries
of Interior, and Labour and Social Affairs, and approved by the Council of Ministers.
Article 138 :The Leader (vali-e-Faghih ), wherever felt expedient, may have
representative in any of the above said organizations.
Chapter Seven: Collective Labour Negotiations and Contracts
Article 139 :The goal of collective negotiations is to resolve the vocational or
occupational problems of workers or to improve their production conditions or welfare
affairs. This goal shall be achieved through determining criteria for facing the problems,
providing grounds for the participation of the parties in resolving them or through
determining or changing the conditions and their likes at workshops, vocations or
industries with the mutual agreement of the parties. The demands set forth by the parties
must be supported by necessary evidence and documents.
Note 1: Any matter which, in Labour relations, entails formulation of regulations and
establishment of criteria through collective negotiations, may be mooted as the subject of
negotiations provided that the prevailing regulations in the country, including the
Government’s planned policies, may not have prohibited adoption of decisions on it.
Collective negotiations must be continued for the purpose of reaching an agreement and
amicably settling the disputes with due observance of the prestige of the parties, and
refraining from any act that may disrupt the meetings.
Note 2: Should the parties agree to hold collective negotiations, they may request the
Ministry of Labour and Social Affairs to introduce to them a neutral individual having
expertise in Labour matters and capable of bringing about coordination in the
negotiations in his capacity as an expert in collective contracts. The function of this
expert shall be to aid the parties in the progress of collective negotiations.
Article 140 :A collective Labour contract is a written contract that is concluded for
setting working conditions between one or more council(s), guild association(s), or legal
representative(s) of workers, on the one hand, and one or more employer(s) or their legal
representative(s) on the other hand, or between worker and employer associations and
high associations.
Note :Should collective Labour negotiations lead to the conclusion of a collective Labour
contract, the text of the contract must be drawn up in three copies and signed by the
parties. Two copies of the contract shall be provided to the parties to the collective con
tract while the third copy submitted, after obtaining a receipt, to the Ministry of Labour
and Social Affairs within three days for examination and confirmation.
Article 141: Collective Labour contracts shall be legally valid and enforceable only
when:
a. The benefits stipulated therein are not less than those provided in the Labour Law.
b. These are not repugnant to the current laws and regulations of the country and statutory
decrees of the Government.
c. The Ministry of Labour and Social Affairs confirms lack of inconsistency of the
subject(s) of the contracts with paragraphs a) and b) of this Article.
Note 1: The opinion of the Ministry of Labour and Social Affairs on lack or
inconsistency of the provisions of the collective country with paragraphs a) and b) of this
Article must be supported by legal evidence and current regulatio ns of the country. The
supported evidence in any case must be notified to the parties to the contract within the
period stipulated in Note 1 of this Article.
Article 142:Should any difference of opinion over various articles of this Law, previous
contracts or any of the subjects demanded by the parties for concluding a new contract
lead to cessation of work with the presence of workers in the workshop or any deliberate
cut in output by the workers, the dispute probe board shall be obligated, on the basis of
request by either party to the dispute or worker and employer organization, to speedily
consider the matter and to announce its opinion.
Note :Should either of the parties to a collective labour contract fail to accept the opinion
of the dispute probe board, it may refer the opinion of the dispute probe board (subject to
Article 158) to the dispute settlement board within 10 days from the declaration of that
opinion as laid down in Chapter Nine of this Law, and request consideration of the matter
and issua nce of a decision.
The dispute settlement board, following receipt of such a request, shall immediately
examine the subject of dispute in the collective contract, and announce its verdict on the
collective Labour contract.
Article 143: Should the proposals of the dispute settlement board be refused by the
parties within three days, the head of the Labour and social affairs department will be
obligated to immediately report the matter to the Ministry of Labour and Social Affairs
for adopting necessary decision. If necessary, the Council of Ministers may administer
the affairs of the workshop on behalf of the employer, in any manner deemed expedient,
so long as the dispute continues.
Article 144: In case of collective Labour contracts concluded for a specific period, neither
party may unilaterally seek an amendment thereof prior to expiration of the period, unless
in exceptional conditions, at the discretion of the Ministry of Labour and Social Affairs.
Article 145 :Decease of the employer or change of ownership from the employer shall
have no effect in the execution of a collective Labour contract. Should the work continue,
the new employer will be considered as the successor to the former employer.
Article 146: In all individual Labour contracts concluded by the employer prior to or after
the signing of the collective Labour contract, the provisions of the collective Labour
contract shall be binding, excluding the cases where individual contracts provide more
benefits than those in collective contracts in terms of wages.
Chapter Eight: Welfare Services to Workers
Article 147: The Government shall be under the obligation to provide health and medical
services for the workers and farmers, subject of this Law, and also for their families.
Article 148 : Employers of workshops subject of this Law, shall be obligated, in
accordance with the Social Security Act, to insure their workers.
Article 149: Employers are required to extend necessary cooperation to housing
cooperatives and in the event of absence of such cooperatives, directly to the workers
devoid of housing units, in providing suitable private housing for them. Also, employers
of large workshops shall be under the obligation to construct official housing units in the
vicinity of the workshops or at any other appropriate location.
Note 1: The Government shall be obligated to forge necessary cooperation by utilizing
the banking facilities and resources of the Ministry of housing and Town Planning,
municipalities, and other organizations concerned.
Note 2: The manner and extent of cooperation and participation of workers, employers
and Government units, and also the type of large workshops, subject of this Article, shall
be in accordance with the by-laws to be formulated by the Ministries of Labour and
Social Affairs and Housing and Town Planning, and approved by the Council of
Ministers.
Article 150: All employers, subject; of this Law, shall be under the obligation to provide
a proper place in the workshop for performance of daily prayers. Also, during the blessed
month of Ramazan, they must, to respect religious rites and those observing fast, arrange
the working hours as wel1 as the conditions of work in such a way that working shall not
undermine the obligation of fasting such arrangement shall be made in cooperation with
the Islamic Society and Islamic Labour Council or other legal representative of workers.
Moreover, they must specify a certain period of these working hours for the performance
of prayers and breaking the fast at sunset and observing it before sunrise.
Article 151: In workshops which are set up for a limited period and for a specific work
(road construction and its like) located far from residential areas, employers shall be
obligated to provide their workers with appropriate and low priced meals (breakfast,
lunch and dinner) with at least one of them being a hot meal . In such workshops, a
suitable rest house, as required by the season, location and duration of work must also be
provided for workers.
Article152: In case of remoteness of the workshop and insufficiency of public
transportation, the employer must place appropriate means of transportation at the
disposal of the employees thereof.
Article153: Employers are Duty bound to provide necessary facilities such as premises,
means of work and their likes, for the establishment and administration of the workers
cooperative societies of their workshops.
Note: The procedure relating to the manner of execution of
the provisions of this Article shall be approved by the
Council of Ministers upon proposal to be made by the
Minister of Labour and Social Affairs.
Article 154: All employers shall be required to establish suitable place for use by workers
in various fields of sports, with the participation of the Ministry of Labour and Social
Affairs, and the National Physical Education Organization.
Note: The by- laws on the manner of its establishment and the related criteria and also the
duration of workers’ participation in sports or art championship contests as well as the
usual training hours shall be formulated by the Ministry of Labour and Social Affairs and
the National Physical Education Organization, and approved by the Council of Ministers.
Article 155 :All workshops shall be obligated to open literacy education classes in
accordance with the announcement of the Ministry of T and Social Affairs, and under the
supervision of the said Ministry as well as the organizations in charge of adult literacy
education. The criteria on the manner of carrying out this obligation, the formation of the
classes, the participation of workers in them, the selection of instructors, and other related
cases shall be formulated jointly by the Ministry of Labour and Social Affairs, and
approved by the Council of Ministers.
Note: The condition for admission of workers to the courses at training centres is to
possess at least a certificate from the Literacy Education Movement or its equivalent.
Article 156: The procedure related to the workshop facilities in terms of the hygiene of
the working environment, such as canteen, bath and lavatory, shall be in accordance with
the by-laws to be approved and enforced by the Ministry of Health and Medical
Education.
Chapter Nine: Dispute Settlement Forums
Article 157 :Any dispute between an employer and a worker or an apprentice arising out
of the enforcement of this Law and other Labour regulations, training contract, workshop
agreements or collective Labour agreements shall, at the outset be settled through a direct
compromise between the employer and worker or trainee or their representatives in the
Islamic Labour Council. In cases where no Islamic Labour council exists in a unit the
dispute shall be settled through the workers’ guild society or legal representatives of
workers and the employer. Failing to reach an accord, such dispute shall be examined and
settled through dispute probe and dispute settlement boards in the following order.
Article 158: The dispute probe team stipulated in this Law shall be composed of the
following individuals:
1. A representative of the Ministry of Labour and Social Affairs.
2. A representative of workers to be named by the provincial association for coordination
of Islamic Labour councils.
3. A representative of the directors of industries to be named by the provincial association
of employers guild societies. If necessary, and in consideration of the volume of work of
the boards, the Ministry of Labour and Social Affairs may set up a number of dispute
probe boards in each province.
Note: Any worker who is removed in accordance with the opinion of the dispute probe
team shall have the right to refer to the dispute settlement board concerning this decision
and file a plaint.
Article 159: Decisions of the dispute probe boards shall become binding after 15 days
from the date of service. Should either party have an objection to the said decision, a
written objection will be submitted to the dispute settlement board within the said period.
The decision of the dispute settlement board, following its issuance, shall be final and
binding. The comments of the board members must be recorded in the file.
Article 160: the provincial dispute settlement board shall be formed with the composition
of three workers representatives to be named by the provincial association for
coordination of Islamic Labour councils, association of workers guild societies or the
workers representatives assembly of regional units, and three state representatives of the
employers to be named by the directors of regional units, and the representatives of the
Government (the General Director of Labour and Social Affairs, the local governor, and
the head of local Justice Department, or their representatives) for two years. If necessary,
or in consideration of the volume of work of the boards, the Ministry of Labour and
Social Affairs may form a number of dispute settlement boards in each province.
Article 161: Dispute settlement boards shall hold meetings with due regard to the volume
of work and need in the required number at the Labour and social affairs units, and after
working hours as much as possible.
Article 162: Dispute settlement boards shall send written notices to the parties to the
dispute and shall call them to attend the hearing session. Non-presence of either party or
its fully authorized representative at the session shall not preclude the investigation and
issuance of verdict by the board unless the board deems the presence of the parties
essential. In such a case, the notice shall be renewed only once. In any case, the board
shall, as much as possible, investigate the case and render the necessary decision within
one month after the receipt of the file in question.
Article 163 :The dispute settlement boards may, if necessary, invite the officials and
experts of Islamic Council and societies of industrial, production, service and agricultural
units, and hear their views and information on
subject at issue.
Article 164 :The regulations concerning the appointment of the members of the dispute
probe and settlement boards, and the manner of convening their sessions shall be
formulated by the High Labour Council and approved by the Minister of Labour and
Social Affairs.
Article 165: Should the dispute settlement board consider the dismissal of a worker
unjustified, it will order reinstatement of the dismissed worker and payment of the
compensation to him from the date of the dismissal, otherwise (in case of plausibility of
the dismissal), the worker shall be liable to receive gratuity for the years of service at the
rate stipulated in Article 27 of this Law.
Note :Should the worker be unwilling to return to the unit concerned, the employer shall
be obligated to pay to the worker an amount equivalent to 45 days of wages and salary
per annum on the basis of the record of service.
Article 166 Final decisions rendered by the dispute settlement authorities shall be binding
and shall be effected through the Justice Ministry’s verdict enforcement department. The
related criteria shall be in accordance with the by-laws to be proposed by the Ministries
of Labour and Social Affairs, and Justice, and approved by the Council of Ministers.