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Labor law and social security provision

The Executive Decree of Social Security Work in Special Economic Zones of the Islamic Republic of Iran
 
First - General:
Article 1- In this Letter of Approval, the following words are used in place of the detailed mentions relating thereto:
Country: Islamic Republic of Iran
   Regions: special economic zones
Secretariat: Secretariat of the Higher Council for Commercial and Industrial Free Zones and Special Economic Zones
   Organization: Organization Responsible for Special Economic Zones
Regulations: Regulations subject to Article (16) of the Law on How to Administer Special Economic Zones Regarding Labor Employment, Insurance and Social Security
Worker: A person who works in any capacity against payment of wages or salaries at the request of the employer. Employer: is a natural or legal person who works at his request and on his behalf in exchange for the collection of wages or salaries.
Workshop: It is a place where the worker works at the request of the employer or his representative, such as industrial, agricultural, mining, construction, passenger transport, service, commercial, production, public places, etc.
Wages: cash or non-cash funds or their total, which are paid to the worker in exchange for the performance of work. Fixed salary: the sum of the salary of the job and the fixed benefits paid according to the job
Salary: When the salary is determined and paid monthly, it is called salary
   Hours of work: the period during which the worker provides his energy or his time to the employer for the purpose of performing work.
 
Article 2- All workers, employers and workshops located in special areas are subject to the provisions of this agreement. Note- Persons subject to the labor laws of the country or other special employment laws and regulations, as well as workers in family workshops whose work is carried out exclusively by the employer and his spouse and parents in the first degree, will not be subject to the provisions of this approval.
 
Article 3- The regional organization will be responsible for monitoring the implementation of the provisions of this agreement and for respecting the rights of employers and workers and for fulfilling the obligations provided for under the employment contract. The organization of each region can obtain the guarantees necessary to fulfill the obligations of the employers towards their workers, and in the event of non-compliance with the obligations mentioned by the employers, from the guarantees obtained, fulfill the obligations of the employers or the opinions of the judicial authorities and courts concerning their workers.
 
Article 4- The organization of each region, with the cooperation and participation of employers and workers, will take measures to provide the necessary welfare facilities for the workers of that region, such as housing, sports facilities, health and treatment services, and necessary services facilities for the provision of food and basic necessities.
 
 
   Article 2- All workers, employers and workshops located in special areas are subject to the provisions of this agreement.
   Note- Persons subject to the labor laws of the country or other special employment laws and regulations, as well as workers in family workshops whose work is carried out exclusively by the employer and his spouse and parents in the first degree, will not be subject to the provisions of this approval.
 
Article 3- The regional organization will be responsible for monitoring the implementation of the provisions of this agreement and for respecting the rights of employers and workers and for fulfilling the obligations provided for under the employment contract. The organization of each region can obtain the guarantees necessary to fulfill the obligations of the employers towards their workers, and in the event of non-compliance with the obligations mentioned by the employers, from the guarantees obtained, fulfill the obligations of the employers or the opinions of the judicial authorities and courts concerning their workers.
 
Article 4- The organization of each region, with the cooperation and participation of employers and workers, will take measures to provide the necessary welfare facilities for the workers of that region, such as housing, sports facilities, health and treatment services, and necessary services facilities for the provision of food and basic necessities.
 
. Article 5- The Ministry of Labor and Social Affairs, in coordination with the organization of each region, will establish a unit of labor and employment services in each of the special regions, which will act on the regulation of labor market affairs. work, supervision of occupational health and safety issues, and other issues.
   Note 1- The head of the labor and employment department is appointed by proposal from the organization of each region and by order of the Minister of Labor and Social Affairs.
Note 2- The supervisor of the labor and employment services unit is required to send the performance report of this unit to the Ministry of Labor and Social Affairs every three months.
 
Article 6- Labor inspectors will inspect the workshops covered by this letter of approval. Employers and organizations in each region are required to remedy shortcomings in the protection and safety of the working environment of workers and to implement the legal recommendations of labor inspectors within the prescribed deadlines.
 
The second chapter - employment contract:
Article 7- The employment contract is a written contract by which the worker performs work for the employer for a fixed or indefinite period in return for receiving a certain salary.
Note 1- In the event that the duration of the work is uncertain, depending on the nature and nature of the work, the end and completion of the plan, project or workshop activity is considered the time of the end of the contract.
Note 2- In cases where the work is of a permanent nature and no duration is mentioned in the contract, the contract is considered permanent.
Note 3- In the case of fixed-term or fixed-term contracts, neither party is authorized to unilaterally terminate the contract (except in the cases provided for in the employment contract) in the event of unilateral termination of the contract by one either of the parties The other party can claim damages through the dispute resolution authority.
 
Article 8- The continuous nature of work is not effective in the permanence of fixed-term contracts.
 
Article 9- Compliance with the following conditions is mandatory for the validity of the employment contract: a- Legitimacy of the contract b- Certainty of the object of the contract c- Absence of legal prohibition and Sharia of the parties to take possession of the property or carry out the desired work. Note- The principle is based on the authenticity of all employment contracts, unless their invalidity is proven by the competent authorities.
 
   Article 10- In addition to the detailed specifications of the parties, the employment contract must contain the following elements: A- The type of work, profession or function that the worker will exercise B- The wages, salaries and social benefits C- The working hours work, holidays and vacations D- Place of work E - The date of conclusion of the employment contract and - The duration of the contract, if the work is for a fixed term - The social benefits and incentives granted to the worker Letter of approval - Other case that the parties deem necessary to include in the contract because of the circumstances.
   Note 1- The employment contract is drawn up in triplicate, one copy of which will be with the worker, one with the employer and one with the regional body.
Note 2- The regional organization will prepare and provide templates of employment contracts required by the workshops in two languages, one of which will be Persian.
 
   Article 11- The employer may determine a period called a work trial period, during this period each of the parties may terminate the employment relationship without notice and without being required to pay damages. The duration of the trial period is determined by agreement of both parties and mentioned in the contract, but in the case of semi-skilled and simple workers it will not exceed one month and skilled workers will not exceed three months . In all cases, the wages and benefits of a worker whose work ends during or at the end of the probationary period must be paid for the period during which he was employed.
Note- The conclusion of a trial contract between a worker and an employer for a certain job will be done only once.
 
Article 12- The employment contract is terminated in one of the following ways:
   A- The death of the worker
   B- Retirement of the worker
   C- Total disability of the worker
   D- Expiration of term in fixed-term contracts
   E- Cessation of work in contracts subject to specific work
   f- Termination of the employment contract by the employer and the worker in the cases provided for in the employment contract in accordance with this agreement.
   G- Resignation of the worker
 
   Article 13- If the dismissal of the worker is due to non-compliance with the work discipline regulations, he may refer to the dispute settlement authority provided for in this agreement. Said authority will take the necessary decision on the basis of this approval and the disciplinary regulations applicable to the workshop.
 
Article 14- Any modification of the working conditions will depend on its provision in the employment contract and the general conditions of the workshop. If the employer modifies the working conditions regardless of the employment contract and without obtaining the consent of the worker in such a way as to harm him in terms of salary or dignity, the worker can lodge a complaint with the authority for the settlement of disputes and claim damages.
 
   The third chapter - working conditions:
 
Article 15 - The employment of persons under the age of 15 is prohibited.
Article 16- The worker's daily working time will be determined on the basis of the agreement of both parties and in accordance with the employment contract, but in no case will it exceed 176 hours in four consecutive weeks.
 
Article 17- Daytime work is work performed from (6) to (10) hours and night work is work performed between (10) and (6) hours. Mixed work is work that occupies part of its hours during the day and part of the night.
Article 18- Intermittent work is work which is generally not carried out in consecutive hours, but at certain times of the day and night.
Article 19- Shift work is work that circulates throughout the month, in such a way that its shifts are carried out in the morning, evening or at night.
Article 20- When, according to the contract concluded, the work is carried out in shift work or at night, the allowances paid for this work will be determined on the basis of the employment contract and the agreement between the worker and the employer and the terms and conditions of the workshop.
Article 21- The use of weekly holidays (Fridays), annual paid holidays and public holidays will be based on the agreement of both parties, and whether these holidays are postponed to another day with the agreement of the worker or not used , the benefits will be paid on the basis of the agreement of the parties which was previously adopted. , will be.
 
Article 22- In addition to the official holidays of the country, the International Labor Day (May 1) is also considered an official holiday for workers.
 
   Article 23- In the event of breach or termination of the employment contract or retirement and total disability of the worker or closure of the workshop, the claims related to the period of paid leave of the worker will be paid to him and in the event of death to his heirs.
Article 24- The paid annual leave of the workers, including Friday, is a total of twenty days, the other public holidays will not be considered as days off. For work of less than one year, said leave is calculated on the basis of the work performed.
   Article 25- Any overtime in four weeks exceeding the (176) hours mentioned in article (16) of this resolution gives rise to the payment of the indemnities already provided for in the employment contract.

Article 26- The minimum wage paid in the regions will not be lower than the legal minimum wage of the country.
 
   Article 27- Men and women must receive equal pay for equal work done under equal conditions in the same workshop. Discrimination in the determination of the amount of wages on the basis of age, sex, race, ethnic origin and political and religious beliefs is prohibited.
 
Article 28- In cases where part of the salary is paid in a form other than cash with the agreement of the parties, the cash value determined for these payments must be fair and reasonable.
 
 
   Chapter 4 - Dispute Resolution Authority:
 
Article 29- Any dispute arising from the execution of the provisions of this decree of approval and of the employment contract that may arise between the worker and the employer will first be resolved by way of compromise. If the dispute is not resolved by way of compromise, the matter will be submitted to the hearing panel within ten (10) days by each of the parties.
 
Article 30- The committee mentioned in the above article is made up of: the employer concerned or his representative, the worker concerned or his representative, the representative of the regional organization Note- The hearing committee is required to investigate and express its opinion within ten days from the date of receipt of the complaint.
 
Article 31- The decisions of the hearing committee within a period of (10) days from the date of notification to the parties are final and binding and are executed by the Ministry of Justice.
 
Article 32- The worker whose employment contract is terminated by the employer may seize the commission within (15) days and request a hearing.
 
Article 33- If the dismissal of the worker is deemed justified by the hearing commission, the latter shall approve his dismissal and oblige the employer to pay him (15) days of salary for each year of service.
 
   Article 34- If the dismissal of the worker is not considered justified by the commission of inquiry, the employer will be favored to put the worker back to work and pay his salary for the days of indecision, or for each year of service ( 45) days of his salary as damages.
 
Article 35- The Secretariat of the Supreme Council is required to prepare and ensure the organizations of the free zones with the coordination of the Ministry of Labor and Social Affairs and the organization of each region, according to the socio-economic conditions and conditions.
 
Article 36- The employer of each workshop located in the region will prepare the code of work discipline specific to this workshop and will apply it after approval by the regional organization. The fifth chapter - education and employment:
 
   Article 37- The Ministry of Labor and Social Affairs prepares the necessary statistics and information relating to human resources, in coordination with the organization of each region, as the case may be, from the workshops and institutions located in the free zones.

 Article 38- The regional body shall provide the necessary services by issuing a license to the non-governmental vocational guidance and employment centers in the free zones.
 
   Article 39- The regional organization, with the coordination and cooperation of the Ministry of Labor and Social Affairs (Organization of Technical and Vocational Education) and with respect to Article (16) of the Law on Training and the administration of the special regions, in accordance with the needs of the labor market, will act with regard to the establishment of technical and vocational training centers in the region.
 
Article 40- The regional organization will introduce people in need of training in technical and vocational training centers in coordination with labor and employment services and employers. Note - The rules for sending such people for training and organizing training courses etc. will be determined by the regional organization in cooperation with the Labor and Employment Service Unit.
 
Chapter 6 - Employment of foreigners:
 
Article 41- All employers of workshops located in the regions are required to provide the labor required by Iranian workers as far as possible. However, in the aforementioned workshops, the services, specialties and skills of experts from foreign countries may be used under the conditions specified in this letter of approval. Note- In any case, the ratio of foreign workers must not exceed ten percent (10%) of the total number of employees in each region.
Article 42- The work permit for foreign national is issued by the labor and employment service of the region in accordance with article (41) and its note upon recognition and request of the regional body.
 
Article 43- Foreign nationals who work in special fields undertake to teach their specialties to Iranian workers during their employment. How to transfer expertise from foreign nationals to Iranian workers will be determined by each region's organization.
 
Article 44- Any employer who has concluded an employment contract with foreign nationals, at the end of the employment contract, as well as the nationals whose contract has ended, are required to inform the labor and employment services. Jobs in each region.
 
   Article 45- The workshops located in the region are required to draw up, once a semester, a list comprising the name, nationality, skill, profession and salary of their workers and to inform the labor and employment service. Employment in each region.
 
   Chapter Seven - Social Security:
 
   Article 46- The organization of each region is required, directly or with the participation of the social security body or insurance companies, to establish a "fund or funds" in order to provide medical services, salary allowances illness, pregnancy, partial and total disability, retirement, death and other related matters for employees subject to these regulations in special areas. Note - The Social Security Organization can independently provide various insurance services to domestic and foreign employees of units located in special areas.