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

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Articles 4 and 6 of the Convention. Total or partial exceptions. Further to its previous comment, the Committee notes the Government’s indication that workers who have to work on Friday, due to production needs or other economic and business considerations, must be granted another day off and be paid at 1.5 times the normal wage rate. The Committee also notes that the application of by-law No. H2729T/56392 of 27 January 2003 has not been extended for another three-year period, and, as a result, the statutory exception for workshops with less than ten workers was lifted so that the Labour Code is now uniformly applied to such workshops as well. The Committee wishes to recall that in view of the importance of the weekly rest for the workers’ health and well-being, any exceptions to the general 24-hour weekly rest rule must be in compliance with the conditions set out in the Convention (i.e. account taken of all social and economic considerations, and employers’ and workers’ organizations properly consulted) and recourse to such exceptions should be kept to what is strictly necessary. The Committee accordingly requests the Government to provide, as required under Article 6 of the Convention, a full list of the categories of workers and types of establishment which are currently subject to permanent or temporary derogations from the standard weekly rest scheme.

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

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.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Article 2 of the Convention. Scope of application. The Committee notes that, under the terms of section 188, the Labour Code is not applicable to any persons subject to the Civil Service Act or to other special laws and regulations. It further notes that, under section 190 of the Labour Code, the duration of work and holidays of certain categories of workers, including employees in transport services and those whose work is generally carried out periodically are to be determined by regulations to be drawn up by the Supreme Labour Council and approved by the Council of Ministers and that, in the absence of such regulations, the provisions of the Labour Code apply. The Committee requests the Government to provide a copy of the Civil Service Act and, where appropriate, other texts establishing special regimes for specific categories of workers under sections 188 or 190 of the Labour Code.

Articles 4 and 6. Exceptions to the rules respecting weekly rest. The Committee notes that, in accordance with section 62 of the Labour Code, Friday is the day of weekly rest. It also observes that under note 1 of this section another day may be determined as the day of weekly rest in public services (such as water, electricity and transport), and in certain workplaces because of the nature and requirements of the work or by mutual consent. It further notes that, in all cases, a definite day of weekly rest is compulsory and that the workers concerned must receive a 40 per cent wage supplement for not taking Friday as their day of weekly rest. It is the Committee’s understanding that this wage supplement constitutes a compensatory indemnity which is paid in addition, and not instead of the granting of the day of weekly rest on a day other than Friday. It requests the Government to confirm that this is indeed the case. The Committee also requests the Government to provide further specifications, preferably in the form of a list, as required by Article 6 of the Convention, concerning the categories of enterprises which may determine a weekly rest day other than Friday because of the nature and requirements of the work.

The Committee further notes section 191 of the Labour Code, under the terms of which small-scale enterprises with fewer than ten workers may, as circumstances require, be temporarily excluded from some of the provisions of the Code. It notes that these exceptional cases have to be determined in conformity with regulations to be proposed by the Supreme Labour Council and approved by the Council of Ministers. The Committee draws the Government’s attention to the fact that, in accordance with Article 4 of the Convention, in the case of total or partial exceptions to the rules respecting weekly rest, special regard must be had to all proper humanitarian and economic considerations and such exceptions may only be authorized after consultation with the employers’ and workers’ organizations concerned. It requests the Government to provide a copy of any regulations which may have been adopted under section 191 of the Labour Code and to provide any appropriate information on cases in which such temporary exceptions have been authorized for small-scale enterprises.

Part V of the report form. The Committee notes that 364,965 inspections were carried out in 2006, during which no infringements were observed of the rules set out in the Labour Code respecting rest periods. It further notes that the authorities entrusted with the settlement of labour disputes have not received any complaint on this subject. The Committee also notes the Government’s indication that, due to the broad recognition at the national level of Friday as the weekly rest day, this matter is not included in the form used by labour inspectors. However, the Committee considers that the inclusion of a question on this subject in the form used during inspections would be useful in cases in which the weekly day of rest is granted on a day other than Friday under the terms of section 62, note 1, of the Labour Code. Such a measure would make it possible to determine with greater precision the frequency with which this exception is applied. It requests the Government to indicate whether it envisages amending the form used by labour inspectors with a view to including a point on weekly rest. It recalls in this respect that the Government recently undertook to review this form so as to identify more effectively cases of non-payment of wages and thereby improve the enforcement of the Protection of Wages Convention, 1949 (No. 95). The Government is also asked to continue providing indications on the application of the Convention in practice, including the activities of the labour inspectorate and any cases of recourse to the authorities entrusted with the settlement of disputes.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the information provided in the Government’s report. It requests the Government to provide additional information, in its next report, on the following points.

Article 7 of the Convention. The Committee requests the Government to indicate the methods by which the Ministry of Labour and Social Affairs ensures the proper administration of weekly rest in a manner equivalent to the keeping of records and the posting of hours of work in the enterprise, as laid down in this Article.

Parts III and V of the report form. Please supply extracts from any available inspection reports and statistics on the number and nature of any contraventions of the weekly rest provisions.

Part IV of the report form. Please indicate any court decisions involving matters of principle relating to the application of the Convention.