Labor law attorney in Iran
What is the role of a Labor law attorney and the labor law in Iran in the operational processes of companies and institutions subject to it?
Labor administration and the laws governing it play a vital role in regulating relations between workers and employers in any legal system. In the Islamic Republic of Iran, the Ministry of Cooperatives, Labor, and Social Welfare is the main authority overseeing the implementation of labor laws and protecting the rights of workers and employers. Since labor disputes cover a wide range of issues, including wages and benefits, employment contracts, insurance, and termination, a labor law attorney plays a distinct and prominent role in each of these areas. This article will examine the fundamental concepts and common disputes in labor administration and the role of a Labor law attorney in Iran in matters related to labor law, along with recommendations for employers and workers.
The Concept of Labor Administration and Its Responsibilities in Iran
Labor administration, as one of the governmental bodies, is responsible for overseeing the enforcement of labor laws and addressing disputes related to labor relations between workers and employers. This administration has various duties and responsibilities to ensure the proper implementation of labor law, among the most important of which are the following:
- Supervision of workers’ and employers’ rights
The labor administration prevents violations of workers’ rights by reviewing complaints, supervising employment contracts, insurance status, and workers’ wages.
- Review and issuing judgments in legal disputes
Various disputes, including financial and contractual disagreements between workers and employers, are examined in the labor administration, which resolves these conflicts.
- Supervision of employment contracts
Employment contracts must be precisely drafted in compliance with the law to prevent legal issues. This is the responsibility of the labor administration and its agencies, which require a sample of the contract between the worker and employer to be submitted to them.
- Protection of workers’ rights in various areas
Due to the unilateral power of employers in employment contracts, there is a need for protective power to support workers’ legal rights and benefits, including job security, insurance, and other legal advantages, and the labor administration plays this supportive role.
- Resolving disputes between workers and employers
When disputes result in complaints, the labor administration intervenes as a reviewing authority and issues legal judgments based on evidence to safeguard the rights of both parties.
Common Disputes in Labor Administration in Iran
1. Disputes Related to Employment Contracts
One of the key issues in labor relations between workers and employers is the correct drafting of contracts. Employment contracts must be carefully and legally detailed to avoid future legal issues. Handling such intricacies and specific rules in contracts falls within the intricacies and expertise of a labor law attorney, and this task should be entrusted to a skilled attorney who is experienced in this field. Some common issues in this area include:
A) Improperly drafted contracts
According to Article 10 of the Labor Law, the contract must specify the parties’ details, working hours, holidays, leave, the location of work, the contract’s date, the duration of the contract (if it is for a fixed term), agreed-upon wages based on the standards set by the Supreme Labor Council, and other legally defined benefits and terms. If the contract is not drafted clearly and accurately, problems may arise later. For example, if the wage or working hours are not specifically mentioned, neither party can refer to the contract as legal evidence in case of a dispute. Consider a situation where the employer drafts the contract verbally, and crucial details such as working hours, leave, and monthly salary are not defined; in such cases, if a dispute arises, the worker might be unable to prove their rights, reducing their chances of winning the case.
B) Unilateral changes in working conditions
According to labor law, neither party can unilaterally alter the terms of the contract. If the employer decides to change the working conditions, the worker’s consent must be obtained. Therefore, if the employer increases working hours without consulting the worker, the worker can object to these changes through the labor administration and request a return to the previous conditions.
C) Unlawful termination of the contract
An employer cannot unilaterally terminate the employment contract except in specific cases provided by law. The termination of a contract is only valid if one of the methods outlined in Article 21 of the Labor Law is followed, such as retirement, permanent disability of the worker, expiration of the contract’s term (if it is for a fixed period), or resignation of the worker. The employer cannot terminate the contract without a justifiable legal reason, and if this happens, the worker can file a complaint with the labor administration, demanding reinstatement and compensation for the damages caused.
2. Disputes Related to Wages and Benefits
One of the most common disputes in labor administration concerns the wages and benefits of workers, which also form the core of employment contracts. Delays in wage payments, failure to pay bonuses and legal benefits, unjustified reduction of wages, and failure to pay overtime are all issues that lead to complaints in labor administration. Other benefits recognized by the Labor Law for workers include paid leave, and workers are entitled to paid time off for days they do not work. According to Article 66 of the Labor Law, up to 9 days of this leave can be carried over to future years, and if not used, the employer is obligated to pay the worker for the unused days. A labor law attorney can ensure that benefits are clearly defined in the contract, preventing future disputes.
3. Disputes Related to Insurance and Social Security
Under labor law and social security regulations, employers are required to insure their workers. Although this process may seem simple, it involves complexities such as timely reporting workers’ names to social security and paying the full insurance contributions. If these obligations are not met, the employer may face fines under Article 98 of the Social Security Law, which imposes penalties for late payments.
4. Disputes Related to Dismissals and Violation of Job Security
One of the most critical issues in labor administration is disputes regarding the unlawful dismissal of workers. According to the law, an employer cannot dismiss a worker without a legitimate reason. If an employer dismisses a worker unlawfully, the worker can file a complaint with the labor administration and request reinstatement. The worker may also claim compensation for any damages suffered due to the unlawful dismissal.
How Pooya Yaghoobirad Law Firm Can help You
Labor disputes in Iran are one of the most complex and challenging areas of law, and failing to comply with the relevant laws and regulations can lead to significant problems for both workers and employers. Since major employers, especially large businesses, face most of their legal challenges regarding human resources subject to labor law, awareness of labor laws and the labor administration is crucial for such businesses. Thus, having a Labor law attorney plays an active and essential role in advancing these businesses’ operations. In case of any issues or disputes in labor law, consulting a labor law attorney in Iran can provide an effective and efficient solution to ensure that both parties fully benefit from their rights.
If you need legal advice or an attorney regarding labor disputes and labor law in Iran, Iran Best Lawyer can provide you with the most professional and experienced lawyers available.
