Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Weekly Rest (Industry) Convention, 1921 (No. 14) - Iran (Islamic Republic of) (Ratification: 1972)

Article 2 of the Convention. Scope of application. The Committee notes the Government’s indication that the weekly rest day on a Friday is set out in article 17 of the Constitution, and may not be contradicted by any other statutory law. However, it notes that, according to the Government, an exception applies in the case of workers engaged in family workshops, for whom specific weekly rest arrangements may be adopted under section 188 of the Labour Code. While noting that, by virtue of Article 3 of the Convention, persons employed in industrial undertakings in which only the members of one single family are employed may be excepted from its application, the Committee requests the Government to indicate whether these workers benefit in any case from a weekly period of rest comprising at least 24 consecutive hours and, where appropriate, to provide copies of the relevant provisions. It also once again requests the Government to provide the Office with a copy of the Civil Service Act. With regard to section 190 of the Labour Code, the Committee notes the regulations applicable to workers whose entire wage or part thereof is received from their clients, a copy of which is contained in the Government’s report. It notes that, in accordance with these regulations, the provisions of Chapter III of the Labour Code respecting the weekly rest period are applicable to the workers concerned. It requests the Government to indicate whether regulations of this type have been adopted for other categories of workers covered by section 190 of the Labour Code and, if so, to provide copies thereof.

Articles 4 and 6. Exceptions to the rules respecting weekly rest. The Committee notes that, under the terms of by-law 1 of section 62 of the Labour Code, workers who do not benefit from the weekly rest period on a Friday must under any circumstances have one day of rest in the week. It requests the Government to provide further details on the categories of enterprises in which the weekly rest day may be granted on a day other than Friday. The Committee also notes that by-law No. H2729T/56392 of 27 January 2003 authorizes exemptions from section 62 of the Labour Code respecting the weekly rest period. It further notes that, under the terms of section 10 of the by-law, the workers concerned are entitled to a weekly rest day on Friday or, if this is not possible, on another day of the week. The Committee requests the Government to indicate whether the employers’ and workers’ organizations concerned were consulted prior to the adoption of the by-law, as required by Article 4 of the Convention, and, if so, to provide all relevant information on this subject. The Government is also requested to indicate the manner in which account was taken of social considerations, and not only economic considerations, when establishing these exceptions from the normal system of weekly rest. Finally, the Committee understands that the validity of the by-law referred to above is limited in time (it was renewed in 2008 for three years) and it requests the Government to provide any relevant information on this subject.

Part V of the report form. Application in practice. The Committee notes the information provided by the Government concerning the effect given in practice to the Convention. More particularly, it notes the information concerning the number of rulings by Boards of Inquiry and Dispute Settlement Bodies in the various provinces for the period 2007–08 and understands that the figures contained in the table attached to the Government’s report relate to cases respecting non-compliance with the legal provisions on the weekly rest period. It notes the ruling of 2 January 2009 sentencing an employer to pay compensation to the plaintiff for the overtime hours worked and the work carried out on a Friday, the usual day of weekly rest. It requests the Government to indicate the measures adopted to ensure that in such cases the workers concerned are granted a compensatory day of rest, in addition to financial compensation. The Committee also notes with interest that the form used by labour inspectors now contains two questions on compliance with the legal rules respecting the weekly rest period.