Vías de recurso y procedimientos contenciosos en casos de litigios individuales - Irán, República Islámica del - 2010
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- Labour Code [LC], of 20 November 1990
Fecha: 20 Nov 1990 (ver en NATLEX
Compensación por despido injustificado - límites legales (techo calculado en meses o método de calculo)
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.
Posibilidad de readmisión: Sí
- 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).
Conciliación previa obligatoria: Sí
- 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).
Corte o Tribunal competente
: tribunal del trabajo
- 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).