Requisitos de forma / procedimiento de despido individual - Irán, República Islámica del - 2010
+ show references
- Labour Code [LC], of 20 November 1990
Fecha: 20 Nov 1990 (ver en NATLEX
Forma de la notificación del despido al trabajador
: sin forma particular exigida
Plazo de preaviso
- No specific form prescribed in the LC.
Note however that termination of employment for continued violations of disciplinary rules requires previous written warnings (sec. 27 LC).
- No statutory notice period to be observed.
Indemnización sustitutiva de preaviso
Notificación a la administración: No
- However, notification to the Ministry of Labour is compulsory in the event of a dismissal of a foreign worker, see sec. 125 LC:
"Sec. 125. Where, whatever the circumstances, an employment relationship between a foreign citizen and an employer is terminated, the employer shall notify the Ministry of Labour and Social Affairs thereof within 15 days. The foreign citizen shall surrender his work permit to the said Ministry against a receipt within 15 days. If necessary, the Ministry shall request the appropriate authorities to expel the foreign citizen from the country."
Notificación a los representantes de los trabajadores
Aprobación de la administración publica o de organismos judiciales
- No general obligation to obtain the prior approval of the administration.
However, the dismissal of an employee on the ground of continuous violations of the disciplinary rules or for negligence in performing his/her duties requires the assenting opinion of the Board of Inquiry and in units not covered by the Islamic Labour Council Act, or where no Islamic Labour Council or Guild Society has been set up or where there is no workers' representative.
Note that Islamic Labour Council must be established in workplaces engaged in production, industries, agriculture and services having over 35 permanent employees.
"The Board of Inquiry is composed of:
* (1) one representative of the Ministry of Labour and Social Affairs;
* (2) one representative of the workers to be selected and appointed by the Provincial Coordination Council of the Islamic Labour Councils;
* (3) one representative of the managers of industries, to be selected by the Provincial Centre of Employers' Guild Societies. (sec. 158 LC)"
Therefore, in cases where disciplinary dismissals are subject to the approval of the Board of Inquiry, the administration plays a role in authorizing the dismissal through the participation of one representative of the Ministry of Labour and Social Affairs in the Board.
Acuerdo de los representantes de los trabajadores: Sí
- Termination on the ground of continued violations of disciplinary rules ground or for negligent performance requires the agreement of the Islamic Labour Council or the Guild Society. In units not covered by the Islamic Labour Council Act, or where no Islamic Labour Council or Guild Society has been set up or where there is no workers' representative, the termination of an employment contract shall be subject to the agreement of the Board of Inquiry (sec. 27 LC)
Note that Islamic Labour Councils must be established in workplaces engaged in production, industries, agriculture and services having more than 35 permanent employees.