Involvement of Employers’ and Workers’ organizations in the reporting process

YES, according to the Government: Involvement of the Iran Confederation of Employers’ Associations (ICEA) and the Iran Confederation of Islamic Labour Councils (ICILC) through communication of government reports and tripartite meetings on reporting issues.

OBSERVATIONS BY THE SOCIAL PARTNERS

Employers’ organizations

2008 AR: Observations by the ICEA.

2007 AR: Observations by the ICEA.

Workers’ organizations

2008 AR: Observations by the ICILC.

2007 AR: Observations by the ICILC.

EFFORTS AND PROGRESS MADE IN REALIZING THE PRINCIPLE AND RIGHT

Ratification

Ratification status

The Islamic Republic of Iran ratified in 2002 the Worst Forms of Child Labour Convention, 1999 (No. 182) (C.182). However, it has not ratified the Minimum Age Convention, 1973 (No. 138) (C.138).

Ratification intention

YES since 2001, for C.138.

2008 AR: The ICEA and the ICILC reiterated their support to ratification of C.138.

2007 AR: The Government requested ILO guidance for preparing the grounds for possible ratification of C.138.

The ICEA and the ICILC expressed their support for ratification of C.138 by the Islamic Republic of Iran

2006 AR: According to the Government: Possibility of ratification of C.138 is being considered. There are no major barriers/challenges hindering its process of ratification. Workers’ and employers’ organizations have no particular considerations vis-à-vis the ratification and are in agreement with the Government. The Ministry of Labour and Social Affairs has been carrying out a feasibility study on the issue. However, the process has been delayed, due to the recent change in the Government.

2001 AR: Based on information in GB.282/LILS/7 and GB.282/8/2 (Nov. 2001), ratification of C.138 is under consideration.

The Government stated that the National Experts’ Committee had declared its support for, and adherence to the ratification of C.138. The recommendations of the Committee were to be submitted to the legislature and the Council of Ministers.

Recognition of the principle and right (prospect(s), means of action, basic legal provisions)

Constitution

YES

Article 30 of the Constitution provides that the Government has to secure the educational needs of all Iranian citizens free of charge until the completion of high school.

Legislation, regulations and/or policy

Basic legal provisions

Policy:

2003-2005 ARs: According to the Government: The national policy/plan aimed at ensuring the effective abolition of child labour, has included the ratification of the United Nations Convention on the Rights of the Child, C. 182, and the provision of the labour inspection circular to labour departments.

Legislation:

The Labour Code (section 79) prohibits the employment of children below the age of 15, and regulates the employment of children aged from 15 to 18 /section 80-84)

2000 AR: The Government envisages examining all possible means of amending the legislation in order to tackle its detrimental effects and to respond better to the fight against child labor. An experts’ committee, set up by the National Confederation of Employers, the National Central of Islamic Labour Councils and the Workers’ House to propose amendments to the legislation, recommended the ratification of the Minimum Age Convention.

(i) The Constitution, article 30; and (ii) the Labour Code, sections 79, 80, 82, 83 and 176.

EFFORTS AND PROGRESS MADE IN REALIZING THE PRINCIPLE AND RIGHT

Judicial decisions

NIL

Exercise of the principle and right

Compulsory education

The age of both boys and girls at the end of this period is 12 years, with a general requirement of 5 years or grades of instruction.

Minimum Age

2000- 2005 ARs: General minimum age for admission to employment or work for boys and girls: 15 years.

This general minimum age covers the following types of work: home work, domestic service, commercial agriculture, light work, and work performed in export processing zones.

The minimum age does not apply to work in family-owned/operated enterprises, self-employed work and family and small-scale agriculture though these types of work are subject to strict legal restrictions.

Hazardous work: minimum age of 18 years: Section 52 of the Labour Code and its subparagraph 1 as well as the Directive on Difficult and Dangerous Work, section 14 of the Public Recruitment Code.

Worst Forms of Child Labour

C. 182 has been ratified.

Special attention to particular situations

2005 AR: According to the Government: Street children, including children in informal economy.

Information/Data collection and dissemination

2006 AR: According to the Government: A feasibility study on ratification of C.138 is being carried out.

2003 AR: According to the Government: the Government records Information on sanctions applied to users of child labour.

2000 AR: According to the Government: A study on the supply and demand side of child labour was carried out in order to address the issue of child labour.

Monitoring, enforcement and sanctions mechanisms

2000-2003 ARs: According to the Government: Labour Inspection ensures law enforcement in both formal and informal economy. Penal sanctions ranges from fine to imprisonment (section 176 of the Labor Code) have been implemented to realize the principle and right (PR).

2003 AR: According to the Government: To bring about the effective abolition of child labour, the following measures had been implemented: legal reform; inspection/monitoring mechanisms and penal sanctions.

Involvement of the social partners

NIL

Promotional activities

2008 AR: According to ICILC: Discussions were held with employers’ associations to emphasize on the fact that children should not work under 15 years and that between 15 and 18 years of age, they are allowed to work as apprentice only.

2006 AR: According to the Government: The minimum age for admission to employment or work is being strictly observed, together with compulsory education.

2005 AR. According to the Government: the promotion of the PR is carried out through education and professional training with the support of the Employment Service.

EFFORTS AND PROGRESS MADE IN REALIZING THE PRINCIPLE AND RIGHT

Special initiatives

2007 AR: According to the Government: Special initiatives are being taken to bridge the gap between the poor and the rich by granting the former group the shares of lucrative state enterprises under the Justice Shares Scheme. To avoid child labour, women, head of the household, are granted special protection and benefit from positive discrimination for access to employment. To curb unemployment and poverty as the main sources of child labour, the Government has embarked a titanic SMEs expansion project to provide 900,000 new productive employment opportunities per year. Vocational education and training has also been redirected to the labour market requirements.

2003-2005 ARs: According to the Government: Free Compulsory Education.

According to the Government: the Welfare Organization has taken some measures that could benefit child workers. These include access to social protection and provision of support to child workers facing harmful conditions.

CHALLENGES IN REALIZING THE PRINCIPLE AND RIGHT

According to the social partners

Employers’ organizations

NIL

Workers’ organizations

NIL

According to the Government

2007 AR: According to the Government: Poverty still exists in the country, but the Government is fighting against it through various poverty alleviation programmes including the Justice Shares Scheme and the protection and granting of special advantages to women heads of household (i.e. positive discrimination for access to employment).

2005 AR: According to the Government: The main obstacles encountered in Iran in realizing the PR are lack of resources, poverty, unemployment, insecurity in parents’ employment, lack of effective monitoring system and legal sanctions, and the fact that work performed in family-owned or -operated enterprises is not subject to the Labour Code.

TECHNICAL COOPERATION

Request

2008 AR: According to the ICILC: ILO technical cooperation may be needed for assessment of child labour in Iran and ratification of C.138.

2007 AR: The Government reiterated its request for ILO technical cooperation in the areas of priority mentioned under the 2005 AR.

The ICEA and the ICILC requested ILO technical cooperation for training on child labour issues and the promotion of the fundamental principles and rights at work.

2005 AR: According to the Government, needs for ILO technical cooperation to facilitate the realization of the PR in Iran exist in the following areas, in order of priority: (1) legal reform; capacity building of responsible government institutions (e.g. labour inspection and administration); training of other officials (e.g. police, judiciary, social workers, teachers); data collection and analysis; strengthening capacity of employers' and workers' organizations; employment creation, skills training and income generation; social protection systems; awareness raising, legal literacy and advocacy; sharing of experience across countries/regions; cross-border cooperation mechanisms; inter-institutional coordination; special programme for the elimination of the worst forms of child labour; (2) policy advice.

Offer

UNICEF and NGOs.

EXPERT-ADVISERS’ OBSERVATIONS/

RECOMMENDATIONS

2008 AR: The ILO Declaration Expert-Advisers (IDEAs) considered that universal ratification of the child labour Conventions was not a distant dream but an achievable goal, in view of the number of States, including the Islamic Republic of Iran, having expressed their intention to ratify C.138 and/or C.182 (Cf. Paragraph 56 of the 2008 Annual Review Introduction – ILO: GB.301/3).

GOVERNING BODY OBSERVATIONS/

RECOMMENDATIONS

NIL