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NORMLEX Home > Country profiles > > Country comments > Texts of comments: Iran (Islamic Republic of)

Comments adopted by the CEACR: Iran (Islamic Republic of)

Adopted by the CEACR in 2021

C111 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

Articles 1 and 2 of the Convention. Protection against discrimination in employment and occupation. Legislation. The Committee recalls that the Labour Code provides that “skin colour, race, language and the like do not constitute any privilege or distinction” and “all individuals, whether men or women, are entitled to the same protection of the law”. With reference to its previous comments and to the conclusions of the Committee on the Application of Standards of the International Labour Conference (June 2013), the Committee recalls that the adoption of a law on non-discrimination in employment and education had been envisaged and a Bill passed by the Parliament some ten years ago. It further recalls that over the years a number of bills, policies, plans and proposals had been referred to by the Government but have never come to fruition. In this context, the Committee notes with concern that, either through a national equality policy or through legislation, there is still no comprehensive protection of workers against discrimination based on all the grounds enumerated in Article 1(1)(a) of the Convention and covering all aspects of employment and occupation, including recruitment, in accordance with Article 1(3). In this regard, the Committee recalls that the Convention requires the State to review whether legislation is needed to secure the acceptance and observance of the principles of the Convention. The necessity of legislative measures to give effect to the Convention must thus be assessed within the framework of the national policy as a whole, having regard in particular to the other types of measures which may have been taken, and to the effectiveness of the overall action pursued, including whether there are adequate and effective means of redress and remedies. The enactment of constitutional or legislative provisions or regulations continues to be one of the most widely used means to give effect to the principles of the Convention (see 2012 General Survey on the fundamental Conventions, paragraphs 734–737). In light of the above, the Committee asks the Government to take appropriate steps to ensure that effective and comprehensive legal protection for all workers is ensured, whether nationals or foreigners, against direct and indirect discrimination on at least all of the grounds enumerated in Article 1(1)(a) of the Convention, including political opinion, religion, national extraction and social origin, and with respect to all aspects of employment and occupation, including access to vocational training and employment. The Committee asks the Government to provide information on the steps taken to that end and their outcome.

Articles 1(1)(a) and 3(c). Discrimination based on sex. Legal restrictions on women’s employment. The Committee recalls that since 1996, it has been asking the Government to repeal or amend section 1117 of the Civil Code, which allows a husband to prevent his wife from engaging in an occupation or technical profession which, in his view, is incompatible with the family’s interests or his dignity or the dignity of his wife. Recalling that, pursuant to Article 3(c) of the Convention, ratifying States undertake to repeal any statutory provisions and modify any administrative instructions or practices which are inconsistent with the equality policy, the Committee notes once again with deep regret that there has been no significant development in this regard. It notes, however, the Government’s indication, in its report, that “the issue of addressing ambiguity or amendment of article 1117 of the Civil Code is still on the Government’s agenda” and “is under consideration by the Judiciary in close collaboration with the Government”. The Government also indicates that the Bill for the Amendment of certain provisions of the Family Protection Act of 2012 provides, in its section 7, that “[i]f the wife is employed prior to marriage and the husband is informed or ask employment to be a condition within the marriage contract, or the future employment of the wife is inferred from the wife’s status and the husband has not conditioned prohibition of employment, or in cases where the husband after marriage has agreed with the employment of the wife, the husband’s lawsuit regarding employment prohibition against the wife is not admissible”. While taking note of this draft provision that could mitigate some of the effects of section 1117 of the Civil Code on women’s access to employment in certain cases if it is adopted and applied in practice, the Committee strongly urges the Government, once again, to take the necessary measures to repeal section 1117 of the Civil Code to ensure that women have the right, in law and in practice, to freely pursue any job or occupation of their own choosing, in accordance with the Convention. To be able to assess the impact of section 1117 of the Civil Code on women’s employment in practice, it asks the Government to provide information on the number, nature and result of cases in which a husband has invoked section 1117 of the Civil Code to oppose his wife’s engagement in an occupation.

Sexual harassment. The Committee notes the Government’s indication that all forms of harassment at work, whether in the form of sexual harassment from a superior or hostile work environment, are prohibited and, according to criminal law, any sexual assault, harm, harassment and violence is recognized as a crime and penalties exist for it. The Government adds that: (1) complaints regarding any kind of sexual harassment, harm and violence are addressed by criminal courts; (2) the non-governmental organizations active in supporting women can lodge complaints for women with the competent judicial authorities and be present during proceedings; and (3) a trained woman officer will be responsible for investigating a woman’s case. The Committee notes this information and the Government’s indication that it has translated the Violence and Harassment Convention, 2019 (No. 190), and its accompanying Recommendation No. 206, and had them disseminated in both the private and public sectors. The Committee notes the Government’s indication that the Protection, Dignity and Security of Women against Violence Bill was: (1) approved on 14 January 2021 by the Government and the President; (2) sent to Parliament for approval; and (3) referred to the Legal and Judiciary Committee of Parliament for examination. It further notes the Government’s indication that the legal, policy and executive measures it has taken on sexual harassment at the workplace include: (1) the organization of awareness-raising activities with employed women; (2) the setting up of a task force on women’s security at the workplace; (3) the pilot implementation of a women’s security plan at the workplace in the Judiciary; and (4) the proposal to include women’s security at the workplace (i.e. no violence and no sexual harassment at the workplace) in the gender equity indicators under article 101 of the 6th Development Plan as well as the draft 7th Development Plan.

In this regard, the Committee considers that, to prevent and address effectively all forms of sexual harassment in employment and occupation and protect workers against such practices, explicit and comprehensive legislation, applicable to both women and men workers and taking into account the specificities of the workplace, including the fear of losing their job and therefore their earnings, is necessary and would enable workers to avail themselves more efficiently of their right to a workplace free from sexual harassment. In this regard, the Committee recalls that addressing sexual harassment only through criminal proceedings is normally not sufficient, due to the sensitivity of the issue, the higher burden of proof, which is harder to meet, especially if there are no witnesses (which is often the case), and the fact that criminal law generally focuses on sexual assault or “immoral acts”, and not the full range of behaviour that constitutes sexual harassment in employment and occupation (General Survey on the fundamental Conventions, 2012, paragraph 792). While noting the steps taken by the Government on “women’s security”, the Committee once again asks the Government to take the necessary steps to ensure that clear and comprehensive legal provisions aimed at preventing and addressing all forms of sexual harassment against all workers not only by a person in a position of authority but also by a colleague or a person with whom workers have contact as part of their job (client, supplier, etc.), including provisions against victimization, appropriate complaint mechanisms and procedures, sanctions and remedies, are included in the Labour Code. The Committee also asks the Government to provide information on the progress made with regard to the adoption and implementation of the Protection, Dignity and Security of Women against Violence Bill and to provide information on the manner in which sexual harassment in employment and occupation is addressed, and to specify the relevant provisions. Finally, the Committee asks the Government to continue undertaking specific activities to prevent sexual harassment at work, through the Committee for Prevention of Violence and the Special Taskforce on the security of women at the workplace, including awareness-raising campaigns at both the national and workplace levels in the public and private sectors.

Equality of opportunity and treatment for men and women. The Committee takes due note of the detailed statistics provided by the Government, disaggregated by major occupational group, regarding the employment of men and women in the private and public sectors in 2019. It notes that, according to this data, women represented 16.2 per cent of employees in the private sector and 36.6 per cent in the public sector. The Committee also notes the data concerning the number of women judges. In addition, it takes note of the information on the situation of women in employment provided by the Government to the United Nations (UN) Human Rights Committee in its fourth periodic report under the International Covenant on Civil and Political Rights. The Government indicates that: (1) the rate of women’s economic participation has increased from 12.4 per cent in 2013 to 16.4 per cent in 2018; (2) the number of women working in governmental organizations has increased from 34.64 per cent in 2009 to 41.67 per cent in 2018; (3) more than 4,000 women active entrepreneurs; (4) by 2018, 223 centres had been established and are operating throughout the country, of which about 20 per cent are managed by women entrepreneurs; (5) between 2011 and 2019, a total of 523,371 companies and institutions were registered by women (CCPR/C/IRN/4, 23 August 2021, paragraph 20). The Committee recalls that it previously noted the Government’s indication that women’s economic participation was 17.3 per cent in 2016, which seems to indicate that their level of participation fell in 2018 (16.4 per cent) and clearly shows that women’s participation in the labour market remains very low and change is occurring slowly. It further notes from the Report of the Special Rapporteur on the situation of human rights in the Islamic Republic of Iran that “women’s access to formal employment is restricted, with 29.7 per cent of women between the ages of 18 and 35 being unemployed in 2019. Despite major advances in education, female labour force participation in the country is 17 per cent. The majority of working women are employed in the informal sector with minimal labour law protection; female university graduates make up 67.5 per cent of all unemployed individuals. Women from minority backgrounds face intersectional discrimination, with the highest unemployment rates found in provinces where the majority of the population are from ethnic and religious minorities” (A/HRC/46/50, 11 January 2021, paragraph 57). The Committee also notes, from the 2021 Report of the Secretary-General on the situation of human rights in the Islamic Republic of Iran that, “between December 2019 and December 2020, the annual rate of individual economic activity fell by 2.9 per cent with close to 1.5 million people leaving the job market, the vast majority of them women” (A/HRC/47/22, 14 May 2021, paragraph 53). In addition, the Committee recalls that, in its previous comment, it noted that the Special Rapporteur on the situation of human rights in the Islamic Republic of Iran regretted that discrimination on the basis of gender pervades society and that the pace of change concerning the protection of women from discrimination was slow (A/75/213, 21 July 2020, paragraph 46), and that discrimination in the job market continued to prohibit women from working in certain professions (A/HRC/37/68, 5 March 2018, paragraph 63).

The Committee notes the Government’s indication in its report that it is identifying and supporting capable women with a view to recruiting them into management positions, thereby implementing the 30 per cent employment quota, and that it has set up a database in order to increase women’s share in such positions. The Government adds that it has organized tens of specialized training workshops, including on marketing, production, sales, entrepreneurship, innovation, for 53,000 female graduates in order to facilitate their access to employment. Since 2000, it has been implementing the Plan on rural and tribal women micro-credit funds, with more than 2,200 micro-credit rural funds active, covering about 100,000 members (direct beneficiaries) and 300,000 others (indirect beneficiaries), as well as other plans to develop micro-businesses and sustainable farming. The Government also indicates that technical economic working groups to manage the damage caused by the COVID-19 pandemic on the status of women’s production units and home workshops were set up, and support was provided for home businesses and production units during the pandemic. With regard to technical and vocational training, the Committee notes from the data provided by the Government, that female students represented 37.5 per cent of total students in 2019–20. In light of the above and the persistent low participation rates of women in the labour market, the Committee asks the Government to take steps to: (i) address actively the obstacles that exist in law and practice to women’s access to the labour market, including prejudice and stereotypes regarding women’s aspirations and capabilities, their suitability for certain jobs or their interest or availability for full-time jobs; (ii) continue to promote and encourage the participation of women in the labour market in a wider range of occupations at all levels on an equal basis with men; and (iii) continue to provide up-to-date statistics disaggregated by sex and occupation in both the public and private sectors. The Committee asks the Government to provide information on the measures adopted to that end and the results achieved on the equal participation of women in the labour market in all sectors of the economy.

Draft Comprehensive Population and Family Excellence Plan and other measures. In its previous comment, the Committee took note of the new draft of the Comprehensive Population and Family Excellence Plan (Bill No. 264) with the same objective as the former Bill, which is to achieve a fertility rate of 2.5 children per woman by 2025. The Committee recalls that Bill No. 264 maintains some of the hiring priorities: section 10 provides that governmental and non-governmental departments shall give priority in employment to married men with children and to married men without children, and the employment of single persons is permitted only in the absence of qualified married applicants. It further recalls that it expressed its concern on the approach taken to restrict women’s access to employment in Bill No. 264, and particularly that of single women and women without children, in contravention of the protection against discrimination set out in the Convention. The Committee notes that the Government also emphasizes that the right of women after their maternity leave to return to their job is protected by labour inspectors and the courts. It takes note of the Government’s indication that the draft Comprehensive Population and Family Excellence Plan is still under consideration. In light of the above, the Committee once again urges the Government to ensure that the measures taken to promote population policies and maternity protection do not constitute obstacles to the employment of women in practice. More specifically, the Committee asks the Government to ensure that all of the restrictions on women’s employment and the prioritization of men’s employment in draft Bill No. 264 are removed from the Comprehensive Population and Family Excellence Plan. In the absence of information in the Government’s report, the Committee once again urges the Government to ensure that restrictive measures are not taken in practice through the introduction of quotas which serve to limit women’s employment in the public sector. It asks the Government to provide information on any developments regarding the adoption of the Comprehensive Population and Family Excellence Plan and its content regarding gender equality.

Discrimination based on religion and ethnicity. With regard to its previous comments on the situation of non-recognized minorities and the practical impact of the Selection Law based on Religious and Ethical Standards, 1995, which requires prospective state officials and employees to demonstrate allegiance to the state religion (gozinesh), the Committee notes the Government’s repeated statement that the education, employment and occupation of religious minorities are protected in law and in practice. The Government adds that, according to the Constitution, religious minorities enjoy the right to education; they can freely study at regular schools, as well as in their special schools, and teach their religious studies and enjoy their own local and ethnic language in press, media and schools. It further indicates that religious minorities are entitled to participate in Islamic labour councils, and the role of the Special Adviser to the President for religious and ethnic minority affairs is to help the President make decisions to facilitate the affairs of ethnic groups and religious minorities. While noting this general information, the Committee notes that the Government’s report does not contain any reply to its previous requests regarding the practical impact of the Selection Law on the access to employment of members of religious minorities and the situation of non-recognized religious minorities. The Committee therefore once again urges the Government to take the necessary steps to eliminate discrimination in law and practice against members of religious minorities, especially non-recognized religious groups, in education, employment and occupation, and to adopt measures to foster respect and tolerance of all religious groups in society. The Committee once again asks the Government to consider amending or repealing the Selection Law in order to ensure that people from all religions and ethnic backgrounds have equal access to employment and opportunities in both the public and private sectors, as well as to training and educational institutions. Noting once again the lack of information communicated in this regard, the Committee again asks the Government to provide information on the labour market participation rates of men and women from religious minorities in the public and private sectors.

Article 3(a). Social dialogue. Further to its request regarding activities and efforts for cooperation with employers’ and workers’ organizations to promote the application of the Convention, the Government indicates that it monitors the application of ILO conventions by organizing tripartite meetings and continues to consult workers’ and employers’ organizations and “other beneficiary organizations on various grounds and occasions, including during phases of formulating laws and regulations”. While noting this general information, the Committee encourages the Government to formulate and adopt awareness-raising, training and capacity-building measures aimed at employers and workers and their respective organizations to promote equality in employment and occupation and a better understanding of how to identify and address discrimination. It asks the Government to provide information on any steps taken to that end.

Enforcement. The Committee notes the Government’s indication that petitions, claims and disputes lodged with the courts and the Administrative Court of Justice are not registered under the heading of “discrimination in employment and occupation”, and it is therefore impossible to provide exact data and statistics on litigation regarding this issue. In this regard, the Committee stresses the need to collect and publish information on the nature and outcome of discrimination complaints and cases as a means of raising awareness of the legislation and of the avenues for dispute resolution, and in order to examine the effectiveness of the procedures and mechanisms (2012 General Survey, paragraph 871). Recalling that data collection and analysis is an important aspect of monitoring the implementation of the Convention in practice and is necessary to determine whether the measures taken have had a positive impact on actual situations and to inform future decisions, the Committee asks the Government to take steps to begin compiling information on the number and nature of claims and disputes relating to discrimination in employment and occupation filed with the competent authorities and to provide such information, when it is available.

MLC, 2006 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes the observations of the Iranian Merchant Mariners Syndicate, received with the Government’s second report on the application of the Maritime Labour Convention, 2006, as amended (MLC, 2006). It notes that the Government has not submitted a declaration of acceptance of the amendments to the Code of the Convention approved in 2014 by the International Labour Conference, and is therefore not bound by these amendments. Recalling its 2016 general observation, the Committee encourages the Government to accept the 2014 amendments. The Committee notes that the amendments to the Code adopted by the International Labour Conference, in 2016 and 2018, entered into force for Iran on 8 January 2019 and 26 December 2020 respectively. Based on its second review of the information and documents available, the Committee draws the Government’s attention to the following issues.

Impact of the COVID-19 pandemic. The Committee takes note of the observations of the International Transport Workers’ Federation (ITF) and of the International Chamber of Shipping (ICS), received by the Office on 1 and 26 October 2020 and on 4 October 2021, alleging that ratifying states have failed to comply with certain provisions of the Convention during the COVID-19 pandemic. Noting with deep concern the impact of the COVID-19 pandemic on the protection of seafarers’ rights as laid out in the Convention, the Committee refers to its general observation of 2020 and its comments in the general report of 2021 on this issue, and requests the Government to provide information in its next report on any temporary measures adopted in this regard, their duration and their impact on seafarers’ rights.

Article II, paragraphs 1(f) and 2. Definitions and scope of application. Seafarers. Noting that there does not seem to be a clear definition of a seafarer in national legislation and regulations, the Committee requested the Government to indicate the measures taken or envisaged to ensure that the protection afforded by the Convention is guaranteed to all seafarers within the meaning of the Convention. The Committee notes that section 4.3 of the Procedure for Certification of Maritime Labour Convention, approved in 2012, states that a “seafarer” means any person who is employed or engaged or works in any capacity on board a ship to which this Convention applies. The Committee notes that section 4.3 further states that “however, any exceptional person who is allowed by the Administration is excluded.” The Committee requests the Government to explain what is intended by the words “however, any exceptional person who is allowed by the Administration is excluded” as stated in the Procedure for Certification of Maritime Labour Convention, and to indicate if any exclusions have been adopted under this provision.

Article II, paragraphs 1(i) and 4. Definitions and scope of application. Ships. The Committee previously noted the absence of clear definition of a ship in national legislation and regulations and requested the Government to indicate the measures taken or envisaged to ensure that all ships ordinarily engaged in commercial activities are covered by the Convention. The Committee notes that the Government refers to Annex 11 of the Code of Practice for implementation of the Maritime Labour Convention which provides that the MLC, 2006 applies to all vessels ordinarily engaged in commercial activities and international voyage but does not apply to a number of vessels, including supply vessels, as long as not travelling internationally, and mobile offshore drilling units (MODU). Recalling that the application of the Convention is not limited to ships engaged in international voyage, the Committee requests the Government to indicate the measures taken to ensure that ships engaged in domestic voyages, where applicable, are also covered by the provisions implementing the Convention. While noting the Government’s indication that no cases of doubt have arisen as to whether any categories of ships are to be regarded as ships covered by the Convention, the Committee observes however that the ships excluded in Annex 11 relate to cases of doubt. The Committee recalls that the Convention applies to all ships as defined in Article II, paragraph 1(i), other than those excluded under paragraph 4. In the event of doubt, a determination may be made under paragraph 5 as to whether the Convention applies to a ship or particular category of ships. The Committee therefore requests the Government to specify whether the determinations with respect to the exclusion of categories of ships from the application of the Convention, as set out in Annex 11 of the Code of Practice for implementation of the Maritime Labour Convention were made after consultation with shipowners’ and seafarers’ organizations.

The Committee also previously noted that, under Title 3, the Government indicates that the MLC, 2006, is applicable only to ships of 500 gross tonnage and above which navigate to foreign ports, or engaged in international voyage and requested it to indicate the measures taken or envisaged to ensure that all ships ordinarily engaged in commercial activities are covered by the Convention. The Committee notes the Government’s indication that the issue of the application of the MLC, 2006 to ships under a certain tonnage is under review. The Committee recalls that while Article II, paragraph 6 provides flexibility with respect to the application of “certain details of the Code” to a ship or particular categories of ships of less than 200 gross tonnage that do not voyage internationally, this Article does not allow to exclude a ship, or a category of ships, from the application of the Convention. The Committee requests the Government to adopt the necessary measures to ensure that any exemption granted is limited to certain details of the Code as required by Article II, paragraph 6, and following consultation with the shipowners’ and seafarers’ organizations concerned.

Regulation 1.1 and Standard A1.1, paragraph 1. Minimum age. Noting inconsistencies among national requirements with respect to minimum age for seafarers to work on board a ship, the Committee requested the Government to clarify the articulation of the relevant national legislation on minimum age to work aboard a ship. The Committee notes the Government’s indication that, pursuant to the Code of Practice for issuing, Revalidating and Renewing Certificates for Seafarers (document P6-W22), the minimum age of employment or engagement on board a ship is 18. The Government further states that, for those studying in maritime schools, the age of entry into the training course is 16 years. Noting that the Government has not provided more detailed information on the status of cadets or apprentices, the Committee requests the Government to indicate whether cadets or apprentices are regarded as seafarers under its national legislation and therefore fully enjoy the protection afforded by the Convention. The Committee further requests the Government to provide information on the national laws and regulations, and other measures that expressly implement all the requirements of Standard A1.1, including with regard to the prohibition of night work of seafarers under the age of 18, the exceptions to strict compliance with the night work restriction and the prohibition of hazardous work for seafarers under the age of 18.

Regulation 1.2 and Standard A1.2, paragraph 5. Medical certificate. Right to have a further examination. The Committee requested the Government to indicate how it ensures compliance with Standard A1.2, paragraph 5. The Committee notes the Government’s indication that in cases where seafarers have been refused a certificate or have had a limitation imposed on their ability to work, the possibility of revision by another trusted physician still exists. It further indicates that the procedure provided for in paragraph 5.5 of the Code of Practice for Medical Fitness Standards for Seafarers and issuing the Relevant Certificate (document No. P6-W35) has been revised in 2018, and that a taskforce of trusted physician has been set up to address the applicants' objection. The Committee takes notes of this information.

Regulation 1.2 and Standard A1.2, paragraphs 7 and 9. Period of validity of medical certificates. Noting that the Government has not provided information with respect to the circumstance when the period of validity of a certificate expires in the course of a voyage, the Committee requested the Government to indicate how it complies with the requirements under Standard A1.2, paragraphs 7 and 9. The Committee notes the Government’s indication that if the validity period of a medical certificate is expired during a voyage, the mentioned certificate will be valid until further port stop, where the seafarer may apply for a medical certificate from another qualified physician, provided that this period does not exceed 3 months. The Committee however observes that the Code of Practice for Medical Fitness Standards for Seafarers and issuing the Relevant Certificate (document No. P6-W35) to which the Government refers does not seem to give effect to this requirement of the Convention, but refers in paragraph 5.8.1.2 to the requirement of Standard A1.2, paragraph 8 in urgent cases where the Port and Maritime Organization (PMO) may permit a seafarer to work without a valid medical certificate. Recalling that unlike paragraph 8 of Standard A1.2, paragraph 9 of Standard A1.2 does not require permission from the competent authority for the expired certificate during the course of a voyage to continue in force, the Committee requests the Government to indicate the measures taken to ensure full conformity with these requirements of the Convention.

Regulation 1.4 and Standard A1.4. Recruitment and placement. Noting that the Government has not provided information on the system of protection that seafarer recruitment and placement services are required to establish to compensate seafarers against monetary loss that they may incur as result of the failure of recruitment and placement services, the Committee requested the Government to provide information on how it gives effect to Standard A1.4, paragraph 5(c)(vi). The Committee notes the Government’s indication that pursuant to paragraph N) of section 7 of Guideline on Maritime Employment and Placement Services License Issuance and Activity, such services shall be obliged to obtain the necessary guarantees from the shipowner to compensate eventual damages to seafarers in case of failure to comply with the standards under the MLC, 2006. The Government further notes that managers of maritime placement services have reported that, in order to ensure salary and wage payment, secure board and lodging, round-trip ticket to home country for seafarers, a signature certificate (officially registered with the notary public offices) is received from the shipowner as guarantee. In case of the shipowner's failure to fulfil such obligations, the manager of placement service shall indemnify the material losses to the seafarer and/or, by lodging a complaint against the shipowner with the dispute settlement authority based in the ports, the rights of seafarer could be pursued based on the common and civil procedural law. The Committee takes note of this information which addresses its previous request.

Regulation 2.1, paragraph 1, and Standard A2.1, paragraph 1(a) and (c). Seafarers’ employment agreements. Signature of seafarer and shipowner or a representative. Noting that neither the provisions of the Labour Code and of the CBAs require that a seafarers’ employment agreement (SEA) shall be required at all times to work on board a ship and that it is not clear whether the seafarer receives the signed original of the SEA to which he/she is party, the Committee requested the Government to indicate the measures taken to ensure that seafarers have a written legally enforceable agreement signed by them and the shipowner or a representative and to specify how it is ensured that the shipowner and seafarer concerned have each a signed original of the SEA. The Committee notes the Government’s indication that it is in the process of preparing a standard format for SEA, in consultation with the organizations of seafarers and shipowners and a copy will be sent once it is completed. While noting this information, the Committee observes once again that the existing legislation contains no provisions expressly requiring that (i) the terms and conditions for employment of a seafarer shall be set out or referred to in a clear written legally enforceable agreement (Regulation 2.1, paragraph 1); (ii) all seafarers working on ships that fly its flag covered by the Convention shall have an SEA signed by both the seafarer and the shipowner, or a representative of the shipowner (Standard A2.1, paragraph 1(a)); and (iii) the shipowner and seafarer concerned shall each have a signed original of the SEA (Standard A2.1, paragraph 1(c)). The Committee accordingly requests the Government to adopt the necessary measures to ensure that both in law and in practice seafarers are given a written legally enforceable agreement signed by them and the shipowner and that the shipowner and seafarer concerned each have a signed original of the SEA.

Regulation 2.1 and Standard A2.1, paragraph 1(b) and (d). Seafarers’ employment agreements. Examination and advice before signing and clear information on board as to the conditions of employment. Noting that the provisions of the CBAs and of the Guideline on Maritime Employment and Placement Services License Issuance and Activity ensure that seafarers have a right to be informed of the terms and conditions of their employment and that the Company shall ensure that signed copies of the CBA are available on board its ships in English and Farsi, the Committee however requested the Government to indicate how Standard A2.1, paragraph 1(b) and (d) of the Convention, is implemented with regard to seafarers who are not recruited or placed by seafarers’ recruitment and placement services and to which the CBAs do not apply. The Committee notes the Government’s indication that the Guideline on Maritime Employment and Placement Services License Issuance and Activity provides for the opportunity for seafarers to review the agreement and seek advice before signing the contract. The Government further states that regarding other seafarers, the job description is notified to them by the shipowner or the commander and when the employment contract is signed. Recalling that the protection offered by Standard A2.1, paragraph 1(b) and (d) of the Convention has to be determined by laws or regulations, the Committee requests the Government to indicate the legislative or regulatory measures taken or envisaged to ensure that seafarers who are directly recruited by the shipowner (and not through a recruitment agency) or who are not covered by the CBAs shall have the possibility to examine their contract of employment before joining a ship and that clear information as to the conditions of employment can be easily obtained on board by seafarers.

Regulation 2.1 and Standard A2.1, paragraphs 1(e) and 3. Seafarers’ employment agreement. Record of employment. The Committee previously requested the Government to indicate the legislative measures that determine the form of the record of employment, the particulars to be recorded and the manner in which such particulars are to be entered as required by Standard A2.1, paragraph 3. The Committee notes the Government’s indication that section 96 bis 2 of the Maritime Code 2012, as amended contains provisions on keeping ship documents. Noting however that these provisions do not seem to determine the form of the document containing a record of employment, the particulars to be recorded and the manner in which such particulars are to be recorded, the Committee, therefore, requests the Government to take the necessary measures to give effect to the requirement of Standard A2.1, paragraph 3.

Regulation 2.1 and Standard A2.1, paragraph 4. Seafarers’ employment agreement. Content. The Committee previously noted that the provisions of the Labour Code with respect to employment agreements are applicable to workers in general and do not include the particulars specified in Standard A2.1, paragraph 4(a)–(c), and (g)–(j). The Committee requested the Government to indicate the measures taken to ensure full compliance with Standard A2.1, paragraph 4, of the Convention. The Committee notes the Government’s indication that a standard SEA is to be developed and the missing matters will be included. Recalling that each Member shall adopt laws and regulations specifying the matters that are to be included in all SEAs, the Committee requests the Government to indicate the measures taken or envisaged to give full effect to this requirement of the Convention. The Committee further requests the Government to provide the model of a SEA currently under development that is in conformity with Standard A2.1, paragraph 4, of the Convention.

Regulation 2.1 and Standard A2.1, paragraphs 5 and 6. Seafarers’ employment agreement. Minimum notice period for termination. The Committee previously noted that the Labour Code provides for one month minimum notice period for early termination of employment and that the CBAs provide for a minimum notice period ranging from two weeks to 28 days that may be given by the seafarer for compassionate reasons. Noting that the minimum two weeks’ notice or 28 days constitute the standard duration of the minimum period for early termination by the seafarer or the shipowner, the Committee requested the Government to specify whether and how the need of the seafarer to terminate the contract without penalty on shorter notice or without notice for compassionate or other urgent reasons has been taken into account, in accordance with Standard A2.1, paragraph 6. The Committee notes the Government’s indication that a period of minimum 7 days has been considered in the draft agreement to notify the termination of a seafarer’s employment. Noting that a notice period shorter than the minimum threshold is not provided in the national provisions, even in the case of compassionate reasons, the Committee requests the Government to clarify whether it has considered, in determining those circumstances the need of the seafarer to terminate, without penalty, the employment agreement on shorter notice or without notice, in conformity with Standard A2.1, paragraph 6.

Regulations 2.1 and 2.2 and Standards A2.1, paragraph 7 and A2.2, paragraph 7. Seafarers’ employment agreements and wages. Captivity as a result of acts of piracy or armed robbery against ships. In relation to the 2018 amendments to the Code, the Committee draws the Government’s attention to the following questions included in the revised report form for the Convention: (a) do laws or regulations provide that a seafarer’s employment agreement shall continue to have effect while the seafarer is held captive on or off the ship as a result of acts of piracy or armed robbery against ships?; (b) how are the terms piracy and armed robbery against ships defined under national legislation? (Standard A2.1, paragraph 7); and (c) do laws or regulations provide that wages and other entitlements under the seafarers’ employment agreement, relevant collective bargaining agreement or applicable national laws, including the remittance of any allotments, shall continue to be paid during the entire period of captivity and until the seafarer is released and duly repatriated or, where the seafarer dies while in captivity, until the date of death in accordance with national legislation? (Standard A2.2, paragraph 7). The Committee requests the Government to reply to the abovementioned questions, indicating in each case the applicable national provisions.

Regulation 2.2 and Standard A2.2, paragraph 5. Wages. Allotments. The Committee requested the Government to indicate how it gives effect to the requirement of Standard A2.2, paragraph 5. The Committee notes the Government’s indication that, generally, the seafarer's account number is included in his employment agreement, and if the seafarer wishes to do so, any amount he/she requests will be deposited to the mentioned account via bank transfer. It further adds that control and supervision by inspection officers is applied in this regard. The Committee notes that the Iranian Merchant Mariners Syndicate indicates that due to extreme and unusual foreign currency fluctuations and difference of governmental and market currency exchange rates and instability in the exchange market over the recent years, some of domestic and national shipping companies have violated this standard and legal obligation and paid their staff and seafarers wage and salary with various and undesirable exchange rates. Therefore, the Iranian Merchant Mariners Syndicate considers that developing a preventive mechanism and legislative provision with a deterrent effect is necessary to avoid such breach of standard and infringement of rights of a group of seafarers. The Committee requests the Government to provide information in relation to the observations made by the Iranian Merchant Mariners Syndicate and to take appropriate measures to give full effect to Standard A2.2, paragraph 5.

Regulation 2.3 and the Code. Hours of work and hours of rest. The Committee previously requested the Government to explain how all seafarers, and not just those covered by a CBA and persons who are assigned duty as officer in charge of a watch or as a rating forming part of a watch and those whose duties involve designated safety, prevention of pollution and security duties, are covered by the protection afforded by Regulation 2.3. Noting that the Government does not provide an answer on this point, the Committee requests the Government to indicate the measures taken or envisaged regulating the minimum hours of rest in the case of seafarers who are not covered by CBAs or the Code of Practice on Responsibilities of Shipping Companies and Seafarers in Respect to the Provisions of STCW Convention, as amended (document No. P6-W29).

Regulation 2.3 and Standard A2.3, paragraphs 2 and 5. Hours of work and hours of rest. Limits. Noting that Standard A2.3, paragraph 2 should not be interpreted as to giving shipowners or masters the choice of regimes, as seemed to be the case according to the model form for a table of shipboard working arrangements and the model format for the record of hours submitted by the Government, the Committee requested it to explain how it ensures that the maximum hours of work and minimum hours of rest established are not subject to selective application by shipowners or masters. Noting that the Government does not provide an answer on this point, the Committee reiterates its previous request.

Regulation 2.4 and Standard A2.4, paragraph 2. Entitlement to leave. Minimum paid annual leave. Method of calculation. The Committee notes that section 64 of the Labour Code sets the annual paid leave at one month, including four Fridays days per month, which correspond to a total of 28 days. The Committee recalls that Standard A2.4, paragraph 2 sets a minimum of 2.5 calendar days for each month of service as the basis for the calculation of paid annual leave (which corresponds to 30 days). While the CBAs submitted by the Government provide for 2.5 calendar days in accordance with the requirement of the Convention, the Committee however recalls that Standard A2.4, paragraph 1 requires that the minimum entitlement be set out in legislation. The Committee requests the Government to provide information with respect to the implementation of the minimum period of paid annual leave required under Standard A2.4.

Regulation 2.4 and Standard A2.4, paragraph 3. Entitlement to leave. Prohibition of agreements to forgo annual leave. The Committee requested the Government to clarify whether agreements to forgo annual leave are permitted under its legislation. In the absence of information on the measures adopted to ensure that any agreement to forgo the minimum annual leave with pay is prohibited in law, except in cases provided for by the competent authority, the Committee once again requests the Government to indicate how effect is given to Standard A2.4, paragraph 3.

Regulation 2.4, paragraph 2. Entitlement to leave. Shore leave. The Committee had requested the Government to provide information with respect to the implementation of Regulation 2.4, paragraph 2. The Committee notes that the Government refers to section 69 of the Maritime Law and to section 80 bis 1 – paragraph A, and section 80 bis 3 of the Maritime Code 2012, as amended. The Committee observes that a copy of the Maritime Law has not been made available and that the provisions of the Maritime Code 2012, as amended, do not seem to give effect to the right to shore leave, as provided for by Regulation 2.4, paragraph 2. The Committee accordingly requests the Government to take the necessary measures to give effect to this provision of the Convention.

Regulation 2.6 and the Code. Seafarer compensation for the ship’s loss or foundering. While noting that the CBAs transmitted by the Government have provisions with respect to the indemnity to be granted by shipowners against loss or unemployment in the case of a ship’s loss or foundering, the Committee however requested the Government to indicate how it gives effect to this requirement of the Convention in the case of seafarers who are not covered by CBAs. The Committee notes that the Government indicates that all vessels are required to obtain a financial security certificate from a valid insurance company and that the P&I insurance covers this requirement and refers to provisions of Maritime Law which were not made available. Recalling that, in accordance with Standard A2.6, paragraph 1, each Member shall make rules ensuring that, in every case of loss or foundering of any ship, the shipowner pays to each seafarer on board an indemnity against unemployment resulting from such loss or foundering, the Committee accordingly requests the Government to provide a copy of the provisions implementing Regulation 2.6. It further requests the Government to indicate whether, for the period during which they remain unemployed following the ship’s foundering or loss, seafarers working on board its ships are paid an indemnity at the same rate as the wages payable under the employment agreement (Guideline B2.6.1).

Regulation 2.7 and the Code. Manning levels. The Committee previously requested the Government (i) to provide detailed information on the applicable safe manning requirements of the Port and Maritime Organization; (ii) to provide a copy of a typical example of a safe manning document or equivalent; (iii) to indicate how it has given due consideration to Guideline B2.7.1 with respect to the investigation and settlement of complaints or disputes concerning the manning levels on a ship; and (iv) to specify how the requirements on food and catering are taken into account when determining manning levels. The Committee notes the Government’s indication that, according to the procedure on certification of minimum safe manning, a certificate is issued for vessels regarding required manning level in terms of sufficient number of personnel and required qualifications. The Government further indicates that control and inspection officers verify levels of manpower on board ships, and in case of any objection or complaint, a special form is completed and submitted to the control and inspection officer for investigation. While noting this information, the Committee requests once again the Government to indicate how it takes into account the requirements of the MLC, 2006 that differ from those of the IMO, in particular with respect to catering personnel. It also reiterates its request to the Government to provide samples of minimum safety manning documents.

Regulation 3.1 and Standard A3.1. Accommodation and recreational facilities. Noting that no specific legislation with respect to accommodation for seafarers appears to have been adopted, the Committee requested the Government to take the necessary measures to adopt laws and regulations to ensure the full implementation of the detailed requirements of Standard A3.1. Noting that the Government does not provide relevant information in reply to its request, the Committee once again requests the Government to adopt the necessary laws or regulations requiring that ships that fly its flag meet minimum standards to ensure that any accommodation for seafarers is safe, decent and in accordance with the requirements of Standard A3.1.

Regulation 3.1 and Standard A3.1, paragraph 21. Accommodation and recreational facilities. Exemptions. The Committee observes that Annex 11 of the Code of Practice for implementation Maritime Labour Convention provides in paragraph 2-2 that all exemptions under third title of the MLC, 2006 on vessels’ structural regulations shall be granted to the owner, if the owner’s requests, after confirmation of the Ports and Maritime Organization (PMO). The Committee recalls that exemptions to Standard A3.1 may be allowed, only after consultation with the shipowners’ and seafarers’ organizations, only for ships of less than 200 gross tonnage and for certain requirements of Standard A3.1, i.e. with regard to paragraphs 7(b) (air-conditioning), 11(d) (washbasin with hot and cold running fresh water in sleeping room), 13 (laundry facilities), as well as paragraph 9(f) and (h) to (l), with respect to floor areas only. Furthermore, such exemptions must be clearly justified on strong grounds and subject to protecting the seafarers’ health and safety. The Committee therefore requests the Government to indicate the measures taken to ensure that exemptions are only made where they are expressly permitted in Standard A3.1 and under the requirements set out under Standard A3.1, paragraphs 20 and 21.

Regulation 3.2 and the Code. Food and catering. Observing that the Code of Practice for Issuing, Revalidating and Renewing Certificates for Seafarers (document No. P6-W22) and the Code of Practice for Conducting Ship’s Cook Training Courses (document No. P6-W58) only partly address some of the requirements of Regulation 3.2 and the Code, the Committee requested the Government to take the necessary measures to ensure the full implementation of this provision of the Convention. Noting that the Government has not responded to its request on this matter, and recalling that each Member shall adopt laws and regulations or other measures to provide minimum standards for the quantity and quality of food and drinking water and for the catering standards that apply to meals provided to seafarers on ships that fly its flag, the Committee requests the Government to indicate the measures adopted or being prepared to give full effect to Standard A3.2.

Regulation 4.1 and the Code. Medical care on board and ashore. The Committee noted in its previous comment that besides the CBAs stating that a seafarer shall be entitled to immediate medical attention when required, including dental treatment of acute pain and emergencies, there appears to be no national provisions regulating medical care on board ship and ashore. The Committee requested the Government to indicate the measures taken or envisaged to give effect to the detailed requirements of Standard A4.1. The Committee notes the Government’s indication that seafarers have access to medical care on board and medical facilities on shore in accordance with the current medical practice in the country and like other workers working on shore. The Committee observes that section 85 bis 7 of the Maritime Code 2012, as amended, provides for medical care on board and ashore in general terms without giving effect to the detailed requirements of Regulation 4.1 and the Code. The national provisions do not seem to impose an obligation on the country, as established by Regulation 4.1 and Standard A4.1 to ensure access to prompt medical care, including dental care, for seafarers working on ships flying the national flag at no cost to them, including the adoption of laws or regulations regarding medical equipment and medical personnel on board, or any obligation concerning access to medical facilities ashore for ships in its territory, including access to medical advice by radio or satellite communication. The Committee requests the Government to take the necessary measures to give full effect to Regulation 4.1 and Standard A4.1.

Regulation 4.2 and the Code. Shipowners’ liability. The Committee previously noted that the CBAs provide seafarers to whom the CBA applies with a right to material assistance and support from the shipowner with respect to the financial consequences of sickness, injury or death occurring while they are serving on board a ship. Noting that the Government does not however appear to have adopted laws and regulations as required by Standard A4.2, the Committee requested the Government to indicate the legal provisions adopted or envisaged to give full effect to the requirements of Standard A4.2 and to explain how seafarers to whom the CBAs do not apply enjoy the protection guaranteed by the Convention. The Committee notes the Government’s indication that Regulation 4.2 and the Code are implemented through the requirements of the employment contract and that control and inspection officers supervise and control the obligation of the shipowner to apply the said standard. The Committee further notes that the Government refers to provisions of the Maritime Code 2012, as amended, that provide for the shipowner’s liability in general terms without giving effect to the detailed requirements of Regulation 4.2 and the Code. The Committee also notes the Iranian Merchant Mariners Syndicate’s indication that the collective bargaining agreements concluded by this syndicate and domestic shipping companies cover a limited number of Iranian seafarers while no guarantee exists to provide a major number of such seafarers with protections under the Convention. These collective agreements need to be extended annually while there is no guarantee for its extension and mutual agreement of both parties. The Committee requests the Government to provide information in relation to the Iranian Merchant Mariners Syndicate’s observations. The Committee further recalls that each Member shall adopt laws and regulations requiring that shipowners provide material assistance and support with respect to the financial consequences of sickness, injury or death occurring while they are serving under a SEA or arising from their employment under such agreement and therefore requests the Government to indicate the measures taken or envisaged to give full effect to this provision of the Convention.

Regulation 4.3 and Standard A4.3. Health and safety protection and accident prevention. Recalling that member States are obliged to consult with shipowners’ and seafarers’ organizations to develop national guidelines, laws, regulations and other measures that specifically apply on ships, and to regularly review and revise these instruments, as well as to carry out inspections on ships for compliance by shipowners with these national requirements, the Committee requested the Government to indicate the measures adopted or envisaged to give full effect to the requirements of Regulation 4.3. The Committee notes the Government’s indication that the requirements of the Convention are covered by the Maritime Code 2012, as amended, and the provisions implementing the SOLAS Convention and the ISM Code, and that these matters are supervised by control and inspection officers. Noting that the Government has not provided the relevant information in the reply to its request, the Committee requests the Government to indicate in detail the manner in which the applicable legislation or other measures meet the requirements of Standard A4.3, paragraphs 1 and 2 and in which they are regularly reviewed and revised, in accordance with paragraph 3 of this Standard. It also requests the Government to specify the manner in which compliance with the obligation to report and investigate occupational diseases on board all ships covered by the Convention is ensured, in accordance with Standard A4.3, paragraphs 5 and 6.

Regulation 4.5 and the Code. Social security. Recalling that, at the time of ratification, the Government has specified medical care, sickness benefit, old-age benefit and employment injury benefit as the branches of social security for which protection is provided, and noting the Government’s indication in its first report that protection is provided in the nine branches, as mentioned in the Convention, the Committee requested the Government to notify the Director-General of the ILO if it has extended the protection provided to seafarers to all nine branches of social security. The Committee notes the Government’s indication that the development of insurance coverage for all seafarers, including foreign seafarers, is in process and that negotiations have been held with the seafarers' association. The Government further indicates that the preparation of the declaration on the branches is on the agenda. The Committee also notes the Iranian Merchant Mariners Syndicate’s indication that only seafarers employed by big public shipping companies and national vessels are provided with the basic insurance and social security services, while a large and significant number of seafarers working in other vessels, particularly with limited capacity (under 3000 gross tonnes) are deprived of such basic insurance services. The Syndicate adds that a great number of seafarers only benefit from basic insurance services while working on board and once their 3 to 4 months agreement is terminated, such services are cut during rest periods. Therefore, under the best working conditions, a seafarer experiences several phases of connection and disconnection of his/her basic insurance in a year. However, in many other cases, employment and recruitment of seafarer on board of a vessel is performed without an agreement and payment of insurance contribution by the employer and they are not provided with any of the benefits attached to the branches of Standard A4.5. Negotiations and consultations have been carried out with the Government to solve this problem, but no tangible and practical result has yet been achieved. The Committee requests the Government to provide information in relation to the observations made by the Iranian Merchant Mariners Syndicate and to provide information on the measures adopted to give full effect to the requirements set out in Standard A4.5 for all seafarers covered by the Convention.

Regulation 5.1.1 and Standard A5.1.1, paragraph 2. Flag State responsibilities. General principles. Copy of the MLC, 2006 on board. The Committee previously requested the Government to report on how it ensures compliance with the requirement of Standard A5.1.1, paragraph 2, that each Member shall require all ships that fly its flag to have a copy of the Convention available on board. The Committee notes the Government’s indication that according to the control and inspection procedure of the MLC, 2006, it is mandatory for a copy of the Convention to be on board and this requirement is controlled by inspectors. The Committee takes note of this information, which addresses its previous request.

Regulation 5.1.2 and Standard A5.1.2. Flag State responsibilities. Authorization of recognized organizations. The Committee requested the Government to specify how it reviews the competence and independence of recognized organizations and whether it has established a system for oversight and communication of relevant information to authorized organizations, as provided for under Standard A5.1.2, paragraphs 1 and 3. The Committee notes that two documents implement the requirements of Standard A5.1.2. The first one is the Instruction for Qualification Maintenance and Training of Inspector on Maritime Labour Convention which defines the qualification and training of MLC inspectors of Iranian classification society. The Committee notes that the Manager of Managing System Department has the responsibility for establishing a training plan for the MLC inspector and/or applicant, its implementation and maintenance of records. It also has the responsibility for implementing and evaluating the entrusted training, granting the qualification and maintaining of MLC inspector’s qualification. The second document is the Procedure for certification of Maritime Labour Convention which prescribes the formality for undertaking activities related to the MLC, 2006 for the issue of maritime labour certificate and the approval of Declaration of Maritime Labour Compliance (hereafter DMLC) by the Iranian classification society. The Committee notes that the Manager of Managing System Department has the responsibility and authority to verify the reports and certificates carried out by inspectors and they are then communicated to the Administration. The Committee takes note of this information, which addresses its previous request.

Regulation 5.1.3, paragraph 6. Flag State responsibilities. Maritime Labour Certificate and Declaration of Maritime Labour Compliance. Public record of certificates. Recalling that, pursuant to Regulation 5.1.3, paragraph 6, the competent authority or the recognized organization shall maintain a publicly available record of the labour maritime certificates issued or renewed, the Committee requested the Government to indicate how it ensures compliance with this requirement of the Convention. Noting that the Government does not provide information on this point, the Committee reiterates its request to the Government to indicate how it ensures that a record of maritime labour certificates is made publicly available.

Regulation 5.1.4 and Standard A5.1.4, paragraphs 5, 10 and 11(b). Flag State responsibilities. Procedures for receiving and investigating complaints, and ensuring that their source is kept confidential. The Committee previously requested the Government to indicate how it gives effect to Standard A5.1.4, paragraphs 10 and 11(b), which provides that inspectors shall treat as confidential the source of any grievance or complaint and must not reveal any commercial secrets or confidential working processes or information which may come to them in the course of their duties. The Committee notes that paragraph 15 of the Procedure for certification of Maritime Labour Convention deals with confidentiality and provides that the information acquired during the inspection should not be revealed or leaded, leaked to a third party without written consent from the shipowner, except when it is requested by the Administration. The Committee takes note of this information, which addresses its previous request.

Regulation 5.1.4 and Standard A5.1.4, paragraph 12. Flag State responsibilities. Inspection and enforcement. Reporting on inspections. The Committee requested the Government to specify the applicable national provisions giving effect to the requirements of Standard A4.1.4, paragraph 12 that inspectors submit a copy of each report to the master and that a copy be posted on the ship’s notice board. The Committee notes the Government’s indication that the attached form A of the inspection report provides that “the inspection report must be retained on board for a period of two years and must be available for consultation by Flag State control officers at all times.” The Committee notes this information and reiterates its previous request that the Government provides information on how it ensures that a copy of the inspection report shall be posted on the ship’s notice board for the information of the seafarers.

Regulation 5.1.6, paragraph 1. Flag State responsibilities. Marine casualties. The Committee requested the Government to indicate how effect is given to this provision of the Convention. The Committee notes the Government’s indication that this provision is implemented by the Procedure on investigation of maritime accidents, the Committee requests the Government to provide a copy of this document.

Regulation 5.2.2 and the Code. Port State responsibilities. Onshore seafarer complaint-handling procedures. The Committee requested the Government to provide detailed information on the mechanism established to receive and deal with complaints in Iranian ports. The Committee notes that the Government refers to a complaint form based on the requirements of this Standard and also refers to the on-board complaint process. The Committee notes that the Iranian Merchant Mariners Syndicate indicates that, in addition to the procedures declared by the Government, a reliable and recognized ITF complaint registration mechanism, available to the Iranian seafarers through Iranian Merchant Mariners Syndicate be referred to for recording seafarers’ complaint and objection as one of the methods of recording such complaints and objections. The Committee requests the Government to provide information in relation to the observations made by the Iranian Merchant Mariners Syndicate. Noting that the Government does not provide detailed information on this point and recalling that the complaint procedure provided for under Regulation 5.2.2 differs from the on-board complaint procedure pursuant to Regulation 5.1.5, the Committee reiterates its request to the Government to specify the procedures that enable seafarers on ships calling at Iranian ports to report a complaint of a breach of the requirements of the Convention.

Adopted by the CEACR in 2020

C100 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee proceeded with the examination of the application of the Convention on the basis of the supplementary information received from the Government this year, as well as the information at its disposal in 2019

Articles 1(b) and 2(2)(a). Equal remuneration for work of equal value. Legislation. Scope of application. The Committee recalls its previous comment concerning the lack of application of the labour law to establishments with fewer than five employees and to export processing zones. The Committee takes note of the Law on exemption of workshops and businesses with five and fewer workers from application of the labour law, attached to the Government’s report, and notes that this Law expired automatically at the end of the 3rd Economic, Social and Cultural Development Plan (2000-04). The Committee notes the Government’s indication that since that time the Labour Code has been applied to establishments with fewer than five employees. The Committee also takes due note of the Regulations on Recruitment of Human Resources, Insurance and Social Security in Free Trade-Industrial Zones, 1994, and notes that section 27 of these Regulations provides that, “for doing similar work in similar conditions in a workshop, male and female workers should be paid equally”. The Committee notes this information and refers to its observation regarding the importance of legislation fully reflecting the principle of equal remuneration for work of equal value for men and women, rather than for “equal”, “the same” or “similar work”.

Article 2(2)(b). Minimum wages. The Committee recalls its previous comments in which it expressed its concern at the low level of minimum wages and the extent to which women predominate in minimum wage employment. The Committee notes the Government’s indication that the minimum wage and other wage increments are set at the national level, rather than the regional or sectoral levels. The Committee welcomes the supplementary information provided by the Government according to which in April 2020 the minimum wage and the minimum receivable were increased by 21 per cent and 32 per cent, respectively, in comparison with the previous year. The Government adds that, following a request by workers’ organizations, the High Labour Council approved a new wage Circular in June 2020 in which workers' housing allowance was increased by 200 per cent, bringing the overall increase in the minimum wage to 41.8 per cent. Noting the Government’s indication that such data is not available, the Committee asks the Government to: (i) take the necessary steps to collect statistics on the percentage of women and men who are paid the minimum wage; and (ii) provide information on the level at which the minimum wage is set..

Article 3. Objective job evaluation. The Committee takes note of the extracts of the Public Service Law, 2007, attached to the Government’s report. It notes however that, based on these extracts, it is not able to assess whether the job classification system in the public sector is in line with the principle of the Convention. With regard to job evaluation systems in the private sector, the Committee notes the Government’s indication that all employers with more than 50 employees are required to set up a job classification committee. It takes note of the Guidelines and Duties of Workshop Job Classification Standing Committees, 2011, detailing how such committees are established and their main duties. However, the Committee notes that no information has been provided regarding the method of job classification used by these committees to determine the level of wages paid within the company. In this regard, the Committee recalls that often skills considered to be “female”, such as manual dexterity and those required in the caring professions, are undervalued or even overlooked, in comparison with traditionally “male” skills, such as heavy lifting. For these reasons, the Committee once again asks the Government to provide information on how it is ensured that the job classification systems of both the public and private sectors are free from gender bias and do not undervalue skills and tasks predominantly performed by women. To this end, the Government is requested to provide: (i) examples of the job classification plans prepared under section 6 of the Guidelines and Duties of Workshop Job Classification Standing Committees, 2011; (ii) the Job Evaluation and Classification System, including the four main factors and the 14 sub-factors, approved on 9 August 2010; and (iii) specific information on the application in practice of the uniform payment of salaries under the Public Service Law, 2007. The Committee asks the Government to take the necessary steps to collect information on the distribution of men and women within the classification system, and to provide information as soon as this data is compiled.

Monitoring and enforcement. The Committee notes the information provided by the Government on the number of claims regarding pay discrimination and the number of disputes arising out of the application of the job classification system lodged and dealt with by the labour dispute authorities in 2017. The Committee notes the Government’s statement that information on the number of cases filed based on sex discrimination is not available. In its supplementary information, the Government indicates the number of inspections carried out by the labour inspectorate between 2015 and 2019 (14,040 related to wages and 858 related to job classification in 2019). The Government adds that training is provided to members of job classification committees. The Committee also notes that the Government reiterates its interest in receiving training, in conjunction with the ILO International Training Centre in Turin, for judges at the national level on international labour standards and fundamental labour rights, including this Convention. The Committee notes the information provided on the number and nature of inspections carried out, as well as the claims and disputes filed on pay discrimination in general and the application of the job classification system. In this respect, it notes the Government’s indication that it does not collect wage statistics by sex and its request to receive ILO technical assistance to gain the required expertise to collect such data. In its supplementary information, the Government indicates that a Labour Force Survey has been carried out by the Statistical Centre of Iran and that the results will be forwarded when published. The Committee once again urges the Government to take concrete steps to collect and analyse information on the existing gender pay gap and its underlying causes, and to identify measures that can be taken to reduce this pay gap. It also asks the Government to provide the results of the Labour Force Survey once published and to ensure that wage statistics, disaggregated by sex, for the various sectors and occupations in the public and private sectors, are collected and updated regularly.

C122 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee notes the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th session (June 2020). The Committee therefore examines the application of the Convention on the basis of the supplementary information received from the Government this year, as well as on the basis of the information at its disposal in 2019.

Employment trends and measures to address the COVID-19 pandemic. The Government refers to the unemployment rates for men (9 per cent) and women (13.7 per cent) in the first quarter of 2020. The labour participation of women is lower than that of men and it has decreased further in 2020. The Government indicates that economic sanctions and the spread of COVID-19 have had a negative impact on its national labour market. The number of persons in employment has been reduced and labour market participation has dropped, as only 41 per cent of the labour force were employed in the first quarter of 2020. In this context, the Committee recalls the comprehensive guidance provided by international labour standards. In particular, it wishes to draw the Government's attention to the Employment and Decent Work for Peace and Resilience Recommendation, 2017 (No. 205), which provides guidelines for developing and implementing effective responses to the profound socio-economic impacts of the pandemic. The Committee invites the Government to provide updated information in its next report on the impact of the COVID-19 pandemic and the measures taken to address it in the context of the implementation of the policies and programmes adopted to promote full, productive, freely chosen, and lasting sustainable employment.

Articles 1 and 2 of the Convention. Active employment policy. The Committee previously requested the Government to provide updated information on the impact of the measures taken to promote employment as well as updated statistical data on the labour market situation. The Government indicates that major plans and measures have been developed by the Ministry of Cooperatives, Labour and Social Welfare (MCLSW) to stimulate the labour market and create job opportunities, especially for target groups such as unemployed, recovered addicts, people with disabilities, people at risk (female heads of household and working children) inmates and their families, university students, trainees and refugees in rural and urban areas. The Committee notes the statistical data provided by the Government on the impact of the implementation of a number of policies and programmes. In particular, it notes that based on the latest report of the Statistical Centre of Iran the unemployment rate decreased from 12.2 per cent in 2018 to 9.8 per cent in 2020. While referring to its comments formulated concerning the implementation of the Worst forms of child labour Convention, 1999 (No. 182) by Iran, the Committee requests the Government to continue to provide updated detailed information on the impact of labour market measures taken to promote opportunities for decent, productive and sustainable employment, including for those workers in vulnerable situations. In addition, the Committee requests the Government to continue to provide updated statistical information on labour market developments in the country, particularly on the labour market situation, levels and trends of employment, unemployment and underemployment, disaggregated by sex and age.

Women's employment. In its previous comments, the Committee had urged the Government to review any provisions in the draft-amended text of the Comprehensive Population and Family Excellence Plan that could negate or impair access to full, productive and freely chosen employment, for both women and men. The Government indicates that the Plan has been submitted to the Parliament for review. The Government has adopted various initiatives, such as the Plan on National Indicators of Gender Justice (which includes indicators on eight grounds, including work and economy) and the Plan on improving women's status in 31 provinces to improve and to promote women's employment. The Committee notes the diverse initiatives undertaken by the Government to promote women's self-employment and entrepreneurship in urban and rural areas by creating quotas for the employment of female heads of household in industrial and manufacturing units and by providing microcredits, technical and vocational training (training in technology and network development) as well as assistance for the establishment of cooperatives and rural associations. The Government indicates that, from 2015 to 2018, more than 25'999 women have participated in entrepreneurial training and 271'150 in home-based entrepreneurship courses, which have facilitated the creation of micro-enterprises and home-based businesses, especially in disadvantaged communities and rural areas. The Government further indicates that following the enforcement of the 30 per cent quota for women on management boards, the number of women in management positions increased by 36 per cent in 2017-2019. The Committee notes that, over the past two years, an increasing number of women have been appointed to managerial positions in governor's offices and in rural districts (representing a 48 per cent increase). The Committee requests the Government to provide information on any developments concerning the revision of the Comprehensive Population and Family Excellence Plan by the Parliament and to provide a copy once it is adopted. The Committee further requests the Government to provide detailed updated information on the nature and impact of measures aimed at improving access to full, productive and freely chosen employment for women. The Committee also requests the Government to continue to provide up-to-date information, including statistical data disaggregated by economic sector, region and age, on the current situation and trends regarding women's employment, unemployment and underemployment.

Youth employment. The Committee previously requested the Government to provide more specific information, including statistical data disaggregated by age and sex, on the impact of the measures taken by the Government to promote employment for young persons, including new graduates, and assist them in obtaining sustainable, lasting employment. The Government indicates that the Technical and Vocational Training Organization (TVTO) has developed multiple programmes, including apprenticeships and skill training courses in the actual workplace, to promote the employment of young persons, including university graduates. In this regard, the Committee notes that, as of August 2020, the implementation of the Apprenticeship Plan for university students has generated 41,851 apprenticeship agreements and placed 10,485 persons in work. The participation rate of women in apprenticeship programmes in the provinces (71 per cent) has been much higher than that of men (29 per cent). The Committee further notes that from 2017 to 2019, around 4551 skill-training courses were provided to 132,464 persons in 60 universities. The Government also refers to the development of science and technological parks, whose number has increased from 19,000 in 2012 to 42,043 in 2018, indicating that they have generated employment for 30,778 men and 11,265 women. The Government indicates that from March 2015 to September 2018, some 560,767 persons have participated in Iran's TVTO skill training programmes. The Committee notes that given the importance of upskilling of the workforce in the industrial and manufacturing sectors, on March 2019, the Secretary-General of Iran's Chamber of Commerce, Industries, Mines and Agriculture (ICCIMA) and the head of the TVTO signed a memorandum of understanding with the aim of conducting skills training programs in all provinces of the country, in cooperation with the provincial chambers. The Committee requests the Government to provide detailed information on the impact of the Apprenticeship Plan for university students, the development of science and technology parks and other programmes providing education and vocational training for young persons or supporting the entrepreneurship of young women and men on their access to lasting employment. It further requests the Government to continue to provide statistical information on trends in youth employment, disaggregated by sex and age.

Regional and rural development. The Government indicates that the MCLSW, in collaboration with the executive departments as well as with the private and cooperative sectors, has developed "inclusive employment plans" at national and provincial levels. The Government has also adopted measures such as the Microfinance Plan under Linkage Banking Approach as well as the law on rural and nomadic employment to support the development and creation of sustainable employment in rural and nomadic regions. The Committee notes that up to July 15, 2019, 479,000 projects have been registered in 31 provinces aiming to generate 394,000 jobs. It further notes that according to the statistics provided by the "KARA" system (an internet-based system), around 66,000 plans are already registered under the inclusive employment plans by applicants from private and cooperative sectors in 31 provinces. The Plan aims to generate 120,000 jobs. The Government indicates that, in 2019, a Wage Subsidy Payment Plan was implemented to promote employment in private sectors and cooperatives in less developed provinces, such as Ilam, Kordesan and Sistan and Baluchestan. It further indicates that short-term support through the reduction of recruitment costs has enabled the creation of 7,263 jobs for people in private enterprises and cooperatives. The Government plans to extend the Plan to eight additional provinces. The Committee requests the Government to provide detailed information on the impact of the inclusive employment plans in the promotion of full, productive and sustainable employment in both urban and rural areas throughout the country.

Afghani nationals and persons belonging to other minority groups. The Committee had requested the Government to provide information on the measures taken to promote the integration of Afghani nationals and other minorities into the labour market, as well as on measures to provide them with the fullest possible opportunity to acquire and use the necessary qualifications, in accordance with Article 1 (2) (c) of the Convention. The Government indicates that following the signing of three agreements between the Government and the United Nations High Commissioner for Refugees (UNHCR), the Danish Refugee Council (DRC) and the Norwegian Refugee Council (NRC), various skills training for refugees have been organised based on needs assessments. As a result, between 2015 and 2018, around 21,151 refugees have received a wide range of training (49 per cent in the industrial sector, 47 per cent in the services sector and 4 per cent in the agricultural sector) in various provinces. In 2020, 16,500 refugees were enrolled in various university programmes. The Government further indicates that all authorised foreign workers, including Afghani nationals legally residing in the country are subject to the national labour law, including to the minimum wage (Section 41of the labour law). The Government also indicates that measures have been taken to improve health and wellbeing services for refugees and to provide employment to 1,103 female heads of households. The Committee notes that the Government does not provide any information with regard to the employment situation of persons belonging to other minorities, especially religious minorities, in particular the Baha'i. The Committee requests the Government to continue to provide updated information on measures taken or envisaged aimed at increasing the employment rate of minority groups, including Afghan workers and workers belonging to ethnic or religious minorities, as well as detailed information on the impact of such measures, including disaggregated statistical data.

Article 3. Cooperation with the social partners. The Committee notes the information provided by the Government with respect to the different mechanisms through which cooperation with the social partners takes place. The Government also provides information on measures taken by employers' and workers' organisations in relation to the implementation of the Convention. The Committee requests the Government to provide updated detailed information on the content and outcome of consultations held with the social partners on the matters covered by the Convention, including measures taken to mitigate the impact of the COVID-19 on employment, as well as on consultations held with representatives of the persons affected by measures to be taken, in accordance with Article 3.

ILO technical assistance. The Committee notes that the Government requests the technical assistance of the ILO in relation to the promotion of employment, notably in light of the most recent flooding in the country, which caused significant damage. The Committee hopes that the technical assistance requested will be provided in the near future, and requests the Government to provide information on any progress achieved in this respect.

Adopted by the CEACR in 2019

C142 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

In its 2014 comments, noting the observations made in June 2014 by the Confederation of Iranian Workers’ Representatives (CIWR), expressing concerns regarding the master–apprentice instruction, the Committee requested the Government to provide further information with respect to the instruction. In response, the Government indicates that after being challenged by the CIWR, the master–apprentice instruction was set aside in 2017 and replaced with an “executive instruction on Learning Skills in the Real Work Environment” (the 2017 executive instruction) which was approved by the Supreme Council of Employment in 2017 and notified by the Ministry of Cooperatives, Labour and Social Welfare for implementation. The Government indicates that the advantages of the 2017 executive instruction include on-the-job training to enter into employment or entrepreneurship, maintaining traditional and local jobs, particularly in handicrafts, assisting enterprises to recruit a competent workforce, and reducing recruitment costs of unskilled workers. The Committee requests the Government to provide a copy of the 2017 executive instruction and also to provide information on the impact of the 2017 executive instruction and on the manner in which it ensures that beneficiaries of the programme can develop and use their capabilities for work in their own best interests and in accordance with their own aspirations (Article 1(5) of the Convention).

Article 1(1)–(4) of the Convention. Vocational education and training policies and programmes. The Committee welcomes the information provided by the Government indicating that, according to the human development index ratings from 2011 to 2015, the Islamic Republic of Iran has experienced a positive trend in terms of the total number of years of schooling (school life expectancy) and average number of years of education. In response to the Committee’s 2014 comments, the Government reports that, in 2017, the Islamic Parliament of Iran adopted the Law on a comprehensive system of technical, vocational and skills training aimed at enhancing training of the workforce. The Committee welcomes the Government’s commitment to skills-based training and notes that the 2017 Law establishes a national system of technical, vocational and skill training as well as a framework of professional competences. The Government indicates that, according to data from the Technical and Vocational Training Organization (TVTO), in 2017, 962,612 persons took part in TVTO courses. It adds that the TVTO has tracked some of the trainees on a random basis in order to assess the efficacy of the training proposed, based on which 165,221 persons were employed. The Committee requests the Government to provide information on the nature and impact of programmes that seek to implement the Law on a comprehensive system of technical, vocational and skills training. The Committee further requests the Government to provide information on the manner in which the policies and programmes implemented by the TVTO and other agencies are linked with employment and the public employment services. The Committee requests the Government to provide extracts of reports, studies and inquiries, and to provide up-to-date, disaggregated statistical data regarding the number of training policies and programmes relating to particular areas or branches of economic activity and to specific groups of the population, as well as the numbers of beneficiaries (Part VI of the report form).

Article 1(5). Coverage by the vocational training system of specific categories of persons. Women. The Government indicates that equal opportunities for women are guaranteed in the Islamic Republic of Iran through the Charter on Women’s Rights and Responsibilities, as well as through the policies on the promotion of women’s participation in higher education approved in 2015. The Government further indicates that, in 2017, 13,099 women secured employment as a result of vocational guidance provided by the TVTO. The Committee notes that the share of women’s participation in all TVTO programmes in 2017 was 48.9 per cent. The Government further indicates that during the 2015–16 academic year, the proportion of women in education amounted to 48 per cent in primary education, 39 per cent in adult education and 36 per cent in secondary technical and vocational education. In 2017, female students represented 45.9 per cent of all students in higher education, including 50.5 per cent at the bachelor level, 46.3 per cent at the masters level and 42.2 per cent at the doctoral level. The Committee also notes that, with regard to training centres focused on women, in 2017 the TVTO issued licences to 126 training centres in the public sector, 226 centres adjacent to factories and 9,798 private technical and vocational schools. The Committee requests the Government to continue to provide detailed, up-to-date information, disaggregated by age and sex, on the number of men and women benefiting from participation in vocational guidance and training programmes, as well as the impact of such programmes on their access to lasting employment.

Youth. The Government indicates that in 2017, 718,123 persons aged between 15 and 30 years old completed technical and vocational training, representing a significant increase in comparison to 2012. The Government further indicates that, to facilitate access to technical and vocational education and training for young persons, in 2017, 55,162 young conscripts and draftees received such training at military bases, while 42,557 persons received training at centres adjacent to universities. The Committee requests the Government to provide information on the manner in which it ensures access to vocational training and education for young women and men across all economic sectors. The Committee further requests the Government to provide detailed updated information, disaggregated by age and sex, on the types of training programmes available and the number of beneficiaries, as well as the impact of such training on young persons’ access to employment.

Migrant workers. The Government indicates that, between 2011 and 2017, 17,975 migrant workers received technical and vocational training in the framework of the joint agreement in place between the TVTO and the United Nations High Commissioner for Refugees (UNHCR). The Committee notes that training was primarily provided in sectors such as electricity, construction, auto mechanics, welding, carpet-weaving, general accounting, information technology (IT) and sewing. The Government indicates that, pursuant to a decree issued by the Supreme Leader, 102,000 children of undocumented migrants were enrolled in schools, whereas facilities were provided for the education of 450,000 migrant children. The Committee requests the Government to provide up-to-date information, disaggregated by sex and age, on the nature and impact of vocational guidance, education and training provided to migrant workers and their children.

Religious minorities. The Government indicates that educational activities, as well as training conducted by the TVTO in the public and private sectors are provided to all regardless of religion. The Government further indicates that there are 93 schools for religious minorities in the Islamic Republic of Iran, and that, since 2016, religious minorities are also entitled to establish private schools. Furthermore, to foster minority culture, higher education programmes now include courses such as a bachelor’s level degree in Armenian language and literature. Noting the lack of information provided by the Government with regard to vocational training, the Committee reiterates its request that the Government provide information on the manner in which it ensures access to vocational education and training for religious minorities, in particular the Baha’i.

Ethnic minority groups. The Government indicates that, in 2014, persons from ethnic minority groups, specifically Azari, Kurd, Lor, Arab, Turkmen and Balooch, made up some 33 per cent of all candidates admitted to universities nationwide. Furthermore, 843 higher education centres (31.2 per cent of all centres in the Islamic Republic of Iran) are based in the provinces where ethnic minorities reside. The Committee notes that, pursuant to article 77 of the Charter on Citizens, members of ethnic minority groups are guaranteed the right to freely select and engage in the work of their choosing. The Committee requests the Government to continue to provide updated detailed information, including disaggregated statistical data, on the nature and impact of measures taken to promote access to education and training for ethnic minority groups present in the country, as well as their impact.

Other categories of people with nationally identified needs (Paragraph 5(h) of the Human Resources Development Recommendation, 2004 (No. 195 )). The Committee notes the information provided by the Government on the TVTO courses offered in 2017, including training for prison inmates, training for disadvantaged groups and training in rural, tribal, disadvantaged and border regions. The Committee requests the Government to continue to provide detailed updated information on the measures taken to ensure equal access to vocational guidance, education and training for workers with nationally identified needs, including older workers, workers in micro, small and medium-sized enterprises, those in the informal economy and rural areas, and those in self-employment.

Article 3. Extension of the vocational guidance system. In response to the Committee’s previous comments, the Government indicates that vocational guidance and e-learning courses are now provided through the TVTO website, which also offers services such as psychology and occupational aptitude tests. Moreover, vocational guidance and classroom training provided by TVTO training centres have been extended to include guidance on starting a business, information on job market and vocational prospects, guidance on choosing the right occupation, and visits to training workshops. In 2017, 78,875 persons took part in vocational guidance and training programmes on sustainable employment, out of which 44 per cent found sustainable employment. The Committee requests the Government to continue to provide information on measures taken or envisaged to expand the national vocational guidance system. The Committee further requests the Government to provide information on the impact of the new vocational guidance and e-learning courses provided through the TVTO website on the beneficiaries of such courses.

Article 4. Lifelong learning. The Government indicates that technical and vocational courses offered by the TVTO include modern and renewable energy technology, environmental technology, health technology, Iranian medicine, tourism, water management and entrepreneurial skill training. The Committee further notes that, in 2017, 13,050 persons participated in 11 training courses related to entrepreneurship in different areas. The Committee requests the Government to provide information on the manner in which it ensures that the vocational training system caters for the needs of both young persons and adults with regard to lifelong learning, in all sectors of the economy and at all levels of skill and responsibility.

Article 5. Cooperation with employers’ and workers’ organizations. The Government indicates that, pursuant to a joint plan in place between the Ministry of Cooperatives, Labour and Social Welfare and workers’ organizations, workers’ organizations in cities and provinces notify the TVTO of the training needs of individuals which then forms the basis for designing and delivering appropriate vocational education and training courses. The Committee notes that the Supreme Council of Employment, which approved the 2017 executive instruction is tripartite, including two employers’ and two workers’ representatives. The Committee requests the Government to provide information on measures developed within the framework of the joint plan between the Ministry of Cooperatives, Labour and Social Welfare and workers’ organizations and the extent to which the social partners were involved in their implementation. The Committee further requests the Government to continue to provide updated detailed information on the cooperation with employers’ and workers’ organizations and other interested bodies in the formulation and implementation of vocational guidance and vocational training policies and programmes.