Equality of Treatment (Accident Compensation) Convention, 1925 (No. 19) - Iran (Islamic Republic of) (Ratification: 1972)

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

The Committee notes from the Government’s latest report, received on 1 December 2008, that according to section 5(a) of the Social Security Act, adopted on 24 January 2000, all foreign workers are covered by the Iranian social security scheme on the basis of bilateral or multilateral agreements and, according to section 5(b), by the social security scheme of their country of origin when they can demonstrate that they are properly insured in their country. The Government further states that in case foreign workers are nationals of countries which have ratified the Convention, section 5(b) shall not apply and compensation for industrial accidents shall be regulated by Iranian social security law. The Committee notes this information with interest. The Committee would be grateful if the Government would provide a copy of the Social Security Act, as amended, and the other texts referred to in the report, which are not available to the Office, in particular the regulation of 5 September 2001 on the cost and contribution for industrial accident insurance for nationals of other Members of the ILO which ratified the Convention, and Circular No. 3 of 31 October 2001 of the Social Insurance Organization.

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

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

With reference to its previous comments concerning the exclusion from the scope of the Iranian social security scheme of foreign workers recognized by the authorities of their country of origin as being already insured (section 5(b) of the Social Security Act of 1975), the Committee notes the information provided by the Government to the effect that the Parliament of the Islamic Republic of Iran adopted, on 24 January 2000, a new subsection to section 5 of the Social Security Act. It notes with interest that, under this new subsection, the provisions of section 5(b) above do not apply to compensation for employment accidents suffered by nationals of countries which have ratified Convention No. 19. As this text is not available in the Office, the Committee would be grateful if the Government would provide a copy. It also requests the Government to provide information on any other text adopted with a view to the application in practice of this new provision of section 5 of the Social Security Act, as well as general information on the application of the Convention in practice, in accordance with Part V of the report form.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

With reference to its previous comments concerning the exclusion from the scope of the Iranian social security scheme of foreign workers recognized by the authorities of their country of origin as being already insured (section 5(b) of the Social Security Act of 1975), the Committee notes the information provided by the Government to the effect that the Parliament of the Islamic Republic of Iran adopted, on 24 January 2000, a new subsection to section 5 of the Social Security Act. It notes with interest that, under this new subsection, the provisions of section 5(b) above do not apply to compensation for employment accidents suffered by nationals of countries which have ratified Convention No. 19. As this text is not available in the Office, the Committee would be grateful if the Government would provide a copy. It also requests the Government to provide information on any other text adopted with a view to the application in practice of this new provision of section 5 of the Social Security Act, as well as general information on the application of the Convention in practice, in accordance with Part V of the report form.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

With reference to its previous comments concerning the exclusion from the scope of the Iranian social security scheme of foreign workers recognized by the authorities of their country of origin as being already insured (section 5(b) of the Social Security Act of 1975), the Committee notes the information provided by the Government to the effect that the Parliament of the Islamic Republic of Iran adopted, on 24 January 2000, a new subsection to section 5 of the Social Security Act. It notes with interest that, under this new subsection, the provisions of section 5(b) above do not apply to compensation for employment accidents suffered by nationals of countries which have ratified Convention No. 19. As this text is not available in the Office, the Committee would be grateful if the Government would provide a copy. It also requests the Government to provide information on any other text adopted with a view to the application in practice of this new provision of section 5 of the Social Security Act, as well as general information on the application of the Convention in practice, in accordance with Part V of the report form.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

In response to the previous comments made by the Committee concerning section 5(b) of the Social Security Act of 1975, the Government indicates that all foreign workers, whatever their nationality, are subject to the social security scheme, without any reciprocal conditions. Similarly, the measures designed to avoid double insurance concern all foreign workers irrespective of nationality. In this regard, the Government states that although in theory a foreign worker may ask to be insured by his own national institutions, such a request has never been made. In practice, the measures designed to avoid double insurance pertain to foreigners employed in the Islamic Republic of Iran by foreign companies for a specific project or piece of work. In such cases, these employers may prove that employees are properly insured in their country of origin. Where the Iranian social security scheme is better in scope and coverage than the insurance in his own national institution, the workman shall be insured by the Iranian social security scheme.

The Committee has noted this information with interest. It observes that the measures described by the Government appear to be designed to achieve a similar aim to that sought in Article 2 of the Convention, under which special agreements may be made between the Members concerned to provide that compensation for industrial accidents happening to workmen whilst temporarily or intermittently employed in the territory of one Member on behalf of an undertaking situated in the territory of another Member shall be governed by the laws and regulations of the latter Member.

Consequently, the Committee hopes that during a future review of the Social Security Act, the Government will be able to amend section 5(b) of the law in question so as to ensure that Article 2 of the Convention is applied more effectively, by restricting the exclusion of foreign workers only to those temporarily or intermittently employed in the Islamic Republic of Iran, on behalf of a foreign enterprise, and provided that an agreement has been concluded for this purpose with the State concerned.

In addition, the Committee requests the Government to provide detailed information on the number and nationality of the foreign workers covered against the risk of industrial accident by the Iranian social security scheme, together with the number and nationality of workers who have asked not to be affiliated to the scheme.

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request which read as follows:

1. Article 1, paragraph 1, of the Convention. For a number of years the Committee has been pointing out that section 5, clause (b), of the Social Security Act of 1975 does not conform to the principle of equality of treatment between the national and foreign workers to the extent that it exempts from the coverage of the Iranian social security system foreign workers certified by the authorities of their country of origin to be already insured. In its previous report received in March 1984 the Government has stated in this respect that only those foreign workers insured in a country which has not ratified the Convention are exempted under this provision. In its latest report received in February 1992, however, it declares that as to the coverage by the Iranian social security system no distinction is being made between foreign nationals according to whether their own State has or has not ratified the Convention and that the Government considers national legislation to be in conformity with the Convention. The Committee wishes to point out in this respect that any measures taken to avoid double insurance, which seems to be the aim of the above-mentioned provision of the Social Security Act, are not in themselves incompatible with the requirements of the Convention so long as they are not based on the nationality of the workers concerned. It would therefore once again ask the Government to take the necessary measures to bring the legislation into full conformity with the requirements of this provision of the Convention. In the meantime, please also indicate how the above-mentioned exemption of foreign workers is applied in practice and, in particular, whether it is applied only on request of the workers concerned. Please also specify the number of foreign workers who are exempted from the coverage of the Iranian social security system under section 5, clause (b), of the Social Security Act.

2. Point V of the report form. The Committee once again asks the Government to supply with its next report information on the practical application of the Convention.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

1. Article 1, paragraph 1, of the Convention. For a number of years the Committee has been pointing out that section 5, clause (b), of the Social Security Act of 1975 does not conform to the principle of equality of treatment between the national and foreign workers to the extent that it exempts from the coverage of the Iranian social security system foreign workers certified by the authorities of their country of origin to be already insured. In its previous report received in March 1984 the Government has stated in this respect that only those foreign workers insured in a country which has not ratified the Convention are exempted under this provision. In its latest report received in February 1992, however, it declares that as to the coverage by the Iranian social security system no distinction is being made between foreign nationals according to whether their own State has or has not ratified the Convention and that the Government considers national legislation to be in conformity with the Convention. The Committee wishes to point out in this respect that any measures taken to avoid double insurance, which seems to be the aim of the above-mentioned provision of the Social Security Act, are not in themselves incompatible with the requirements of the Convention so long as they are not based on the nationality of the workers concerned. It would therefore once again ask the Government to take the necessary measures to bring the legislation into full conformity with the requirements of this provision of the Convention. In the meantime, please also indicate how the above-mentioned exemption of foreign workers is applied in practice and, in particular, whether it is applied only on request of the workers concerned. Please also specify the number of foreign workers who are exempted from the coverage of the Iranian social security system under section 5, clause (b), of the Social Security Act.

2. Point V of the report form. The Committee once again asks the Government to supply with its next report information on the practical application of the Convention.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee notes with regret that for the second consecutive year the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. Article 1, paragraph 1, of the Convention. With reference to its previous comments regarding the exclusion from the Iranian social security system of foreign workers covered by the social security system of their country of origin (section 5, clause (b), of the Social Security Act of 1975), the Committee notes the statement of the Government that only those foreign workers insured in a country which has not ratified the Convention are exemptrd from the Iranian social security system. The Committee, however, wishes to point out that section 5, clause (b), of the Social Security Act of 1975 exempts foreign workers certified by the authorities of their country of origin to be already insured from the coverage of the Iranian social security system even if they are nationals of a State which has ratified the Convention. The Committee therefore repeats its request to the Government to take necessary measures to bring the legislation into conformity with the requirements of this provision of the Convention.

2. The Committee would be grateful if the Government would supply, with its next report, information on the practical application of the Convention, in conformity with the report form adopted by the Governing Body.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. Article 1, paragraph 1, of the Convention. With reference to its previous comments regarding the exclusion from the Iranian social security system of foreign workers covered by the social security system of their country of origin (section 5, clause (b), of the Social Security Act of 1975), the Committee notes the statement of the Government that only those foreign workers insured in a country which has not ratified the Convention are exemptrd from the Iranian social security system. The Committee, however, wishes to point out that section 5, clause (b), of the Social Security Act of 1975 exempts foreign workers certified by the authorities of their country of origin to be already insured from the coverage of the Iranian social security system even if they are nationals of a State which has ratified the Convention. The Committee therefore repeats its request to the Government to take necessary measures to bring the legislation into conformity with the requirements of this provision of the Convention.

2. The Committee would be grateful if the Government would supply, with its next report, information on the practical application of the Convention, in conformity with the report form adopted by the Governing Body.