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All employees, employers and
workplaces in the FTIZs are subject to the relevant FTIZ laws
and regulations. The Organization of each zone is empowered to
implement pertinent laws and regulations.
According to Labor law and regulations
governing Labor & employer relations in the FTIZs, employment
contract is a written contract, which may be concluded for a
fixed/unfixed time. In case the work period is not fixed, the
date of completion of the work/project or the activities of
the workplace will be considered the expiry of the contract.
However, if the work by its nature is permanent and the work
period is not specified in the contract, it will be considered
permanent.
With respect to contracts for a
temporary period or specific job, neither party is allowed to
unilaterally terminate the contract, except in cases provided
for in the employment contract. In the event of unilateral
termination of the contract by one of the parties, the other
party may claim damages through the Board for Settlement of
Disputes.
The employer may fix a period of time,
called a probation period, during which either party may
without prior notice or payment of an indemnity, terminate the
work relationship. The probation period, which is agreed upon
by mutual consent of the parties and specified in the
contract, may not exceed one month for unskilled and
semi-skilled workers and three months for skilled workers. In
any event, wages and work benefits accruing to a worker whose
work discontinues in the course or at the end of probation
period must be paid for the duration of the said period.
Furthermore, probation contracts for a specific job may be
entered into only once between an employee and employer.
An
employment contract may be terminated in the following cases:
1-
Death
of the employee;
2-
Retirement of the employee;
3-
Total
disability of the employee;
4-
Expiry
of the tenure of an employment contract concluded for a
specified period;
5-
Completion of work contracted for specific work;
6-
Cancellation of the employment contract by the employer and
the employee in cases stipulated in the employment contract in
accordance with this decree;
7-
Dismissal of the employee.
NOTE: Whenever the dismissal of
the employee is judged justified by the Board of Settlement of
Disputes, the Board will confirm his/her dismissal and
obligate the employer to pay 15 days of salary to the employee
for each year of his/her service. However, in case of
unjustified dismissal, the employer will have the option of
either reinstating the employee and paying his/her salary for
the period of suspension or pay his/her, by way of
compensation, 45 days of salary for each year of his/her
service.
Any change in
employment conditions is contingent upon having been provided
for in the employment contract and if the circumstances and
conditions in the workplace necessitates such a change.
Whenever an employer, without due consideration to the
employment contract and without the consent of the employee,
initiates a change in employment conditions in such a way that
the employee suffers in terms of wages or prestige, the
employee is entitled to lodge a complaint with the Board for
Settlement of Disputes and seek relief.
Dispute resolution system
Any dispute
between an employee and employer arising from the employment
contract subject to the Labor Law of the FTIZs, shall be
settled initially in an amicable manner. Whenever disputes are
not settled amicably, either party may refer the matter to the
Board of Settlement of Disputes within 10 days. The said board
is composed of:
1-
The employer in question, or his/her
fully authorized representative;
2-
The employee in question, or his/her
fully authorized representative;
3-
The representative of the Zone
Authority.
The Board of Settlement of Disputes is
obliged to examine the case and issue its ruling within 10
days from the date of the receipt of the complaint. The
rulings by the Board of Settlement of Disputes will be final
and enforceable within 10 days after the date of serving
notice to the parties concerned, and will be executed by the
Judgments Executing Section of the Justice Administration.
Employment of foreign nationals
All the employers of workplaces established in
the Zone should, as far as possible, satisfy their labor
requirements by employing Iranian workers, but if necessary,
they can use the services, expertise and skills of foreign
experts, subject to the conditions set forth in the relevant
Law and regulations. Never the less, according to the relevant
law, the number of foreign employees shall, in any case, not
exceed ten percent (10%) of the total number of persons
employed in each Zone.
The Labor
and Employment Services Office in the Zone will issue a work
permit, upon the request by the Zone Authority. Foreign
nationals who work in the Free Zones shall have to train
Iranian employees in their field of expertise during the
period of their employment.
Workplaces located in a Zone are required to prepare and
communicate to the Zone Authority’s Labor and Employment
Services Office, once every six months, a list containing the
name, nationality, expertise, job and wages of their
employees.
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