Solicitud directa (CEACR) - Adopción: 2001, Publicación: 90ª reunión CIT (2002)

Convenio sobre la protección del salario, 1949 (núm. 95) - Irán (República Islámica del) (Ratificación : 1972)

The Committee takes note of the Government’s report. The Committee would be grateful to the Government for supplying further information on the following points.

Article 2. The Committee notes the regulations of 4 July 1993 regarding the amount of work, holidays and wage rates of workers who receive part or all of their wage payments from customers or commissions. It also notes from the Government’s report that the regulations for the personnel and employees of transport services (land, air and sea) have not as yet been approved. The Committee requests the Government to supply information in future reports on any progress made regarding the adoption of regulations applicable to certain categories of workers, including agricultural workers and fishermen, and to provide copies of such regulations as soon as they are issued.

Articles 3 and 4. The Committee notes that, under paragraph 3 of the Directive No. 65-37 of 18 March 2000, all workers are entitled to receive vouchers for essential commodities of a value ranging from 10,000 rials a month for married workers to 6,000 rials a month for single workers to be used at the workers’ cooperative stores. The Committee also notes the Government’s statement that these vouchers are separate from cash wages but are considered as part of the worker’s remuneration within the meaning of section 34 of the Labour Code of 20 November 1990. The Committee would be grateful if the Government could provide additional information on the practical use of the vouchers, the type of exchangeable commodities, and the exact conditions of operation of the workers’ cooperative stores.

In addition, the Committee notes that the Labour Code in its sections 35, 40 and 42 provides for the partial payment of wages in the form of allowances in kind which may only be offered in addition to the minimum wage and the cash value of which has to be equitable and reasonable. The Committee requests the Government to indicate the measures taken or envisaged to ensure that such allowances in kind are appropriate for the personal use and benefit of the worker and his/her family in accordance with Article 4, paragraph 2(a), of the Convention.

Article 5. The Committee notes the Government’s reference to sections 24 and 27 of the Labour Code on the termination of employment contract but recalls that there seems to be no specific provision in the labour legislation prescribing that wages have to be paid directly to the worker concerned, as required under the Convention. The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Article 6. The Committee once again points out that this Article of the Convention calls for an appropriate legislative provision setting out in unequivocal terms that it is not enough for workers to receive their wages regularly and in full, but that they should also be free to spend their wages as they choose. The Committee hopes that the Government will take the necessary steps to ensure full compliance with the requirements of the Convention in this regard.

Article 7. The Committee notes the guidelines of 5 October 1991 concerning the workers’ cooperative societies established in accordance with section 153 of the Labour Code. The Committee would appreciate receiving some clarification on article 3 of the guidelines, read in conjunction with section 45(f) of the Labour Code, concerning the conditions under which and the limits within which deductions may be made from wages for the repayment of sums due to the cooperative society.

Moreover, in connection with the point raised under Article 3 above, the Committee requests the Government to specify which national laws or regulations provide that the workers’ cooperative stores are not operated for the purpose of securing profit but for the benefit of the workers concerned and also that the workers are free from any coercion to make use of such cooperative stores or services.

Articles 8 and 10. The Committee recalls its previous comment in which it requested the Government to provide the text of the relevant provisions of the Civil Code regarding attachment or assignment of wages. In the absence of any enclosure, however, the Committee again asks the Government to supply a copy of the provisions concerned, including the provisions on attachment of wages for the purpose of securing maintenance payments to the worker’s dependants.

Article 9. The Committee once again reminds the Government that this Article of the Convention requires a specific legislative provision explicitly prohibiting any deduction from wages with a view to ensuring a direct or indirect payment for the purpose of obtaining or retaining employment, made by a worker to an employer or his representative or to any intermediary. The Committee hopes that the Government will soon take the measures it deems necessary in order to bring its legislation into conformity with the Convention.

Article 11. The Committee requests the Government to clarify whether note 1 of section 13 of the Labour Code applies only to contracts for piece-work or to all employment relations without distinction. The Committee also asks the Government to specify the laws or regulations determining the relative priority of wages constituting a privileged debt and the exact scope of that privilege.

Articles 13 and 14(b). The Committee notes the Government’s statement that section 37 of the Labour Code is strictly and successfully applied so that there is no need to introduce new legislation in this matter. The Committee is bound to observe, in this regard, that the fact that the Government may possibly not have encountered so far any practical difficulties with respect to a certain aspect of wage protection does not absolve it from its obligation, emanating from the formal act of ratification, to fully incorporate the provisions of the Convention into national legislation by enacting laws and/or adopting regulations as appropriate. The Committee asks accordingly the Government to take the necessary measures to bring national legislation into conformity with practice by providing for the payment of wages at or near the workplace and the requirement to keep workers informed of the details concerning the calculation of their earnings in respect of each pay period. In this connection, the Committee wishes to draw the Government’s attention to Paragraphs 6 and 7 of the Protection of Wages Recommendation, 1949 (No. 85), which give guidance with regard to wage statements and the notification to workers of wage conditions.

Article 15(c) and (d). Further to its previous comments on this point, the Committee reiterates that, under the terms of the Convention, national laws or regulations must stipulate effective sanctions or other appropriate remedies for any violation of the provisions giving effect to the Convention and not only for specific offences concerning wage payment. The Committee trusts that the Government will not fail to take the necessary action in the very near future.

In addition, the Committee notes that the Government’s reply contains no information concerning the maintenance of adequate records in an approved form and manner as set out in the Convention. The Committee expresses the hope that the Government will be in a position in its next report to indicate some progress in this regard.