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Iran, Islamic Republic of - Avenues for redress (penalties, remedies) and litigation procedure for individual complaints


Avenues for redress (penalties, remedies) and litigation procedure for individual complaints - Iran, Islamic Republic of - 2010    

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Compensation for unfair dismissal - Legal limits (ceiling in months or calculation method):
No compensation in lieu of reinstatement: when the dismissal is unlawful, the worker shall be reinstated and the employer shall be ordered to pay his or her remuneration as of the date of his or her dismissal.

Remarks:
  • Secs. 20 and 165 LC.

Reinstatement available: Yes

Remarks:
  • In the case of unlawful dismissal, the worker shall be entitled to apply to the Board of Inquiry within 30 days. If the employer is unable to prove that the dismissal is based on a valid reason, the employer shall be obliged to reinstate the worker in his or her job (sec. 20, LC).

Preliminary mandatory conciliation: Yes

Remarks:
  • In the event of a dispute between an employer and a worker, a settlement shall, in the first instance, be sought by direct compromise between the parties (sec. 157 LC).

Competent court(s) / tribunal(s): labour court

Remarks:
  • Where no compromise can be reached, the dispute may be referred to, examined and settled by the Board of Inquiry (sec. 157, LC).
    Note that a worker who is to be dismissed in accordance with the decision of a Board of Inquiry shall be entitled to appeal the decision to the Disputes Board (sec. 158, LC).

Existing arbitration: No