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Iran, Islamic Republic of - Working time - 2011


LAST UPDATE

15 August 2011

SOURCES


Name of Act

Labour Code. Dated 20 November 1990. Rouznameh Rasmi, 17 February 1991, No. 13387, pp. 114
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Other source used

Human Development Report of the Islamic Republic of Iran 1999, co-published by the Plan and Budget Organization of Iran and the United Nations in the Islamic Republic of Iran. Available at http://hdr.undp.org/en/reports/nationalreports/asiathepacific/iran/iran_1999_en.pdf and accessed 11 August 2011.

Other source used

Excerpts from the book, Women’s Rights in the Laws of the Islamic Republic of Iran by Shirin Ebadi. Hard copy published in Iran in 2002. Excerpt published by Bad Jens - Iranian Feminist Journal at http://www.badjens.com/ebadi.html and accessed 11 August 2011.

LEGAL DEFINITIONS


Working time/working hours

’Hours of work’ means the period during which a worker is at the disposal of his employer for the purpose of performing work, save as otherwise specified in the Labor Code.
Labour Code 1990 §51

Employee/worker

’Worker’ means any person who works in any capacity at the request of an employer in return for remuneration.
Labour Code 1990 §2
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Employer

’Employer’ means any legal or natural person at whose request and for whom a worker performs work in return for remuneration.

Directors, managers and, generally, any person entrusted with the duty of running a workplace shall be regarded as the employer’s representatives; and the employer shall be responsible for carrying out all obligations to the workers undertaken by such representatives.

Where an employer’s representative takes any initiative which is outside the scope of his duties and which is not acceptable to the employer, such representative shall be responsible to the employer.
Labour Code 1990 §3

Night work(er)

Night work means work performed between 10 p.m. and 6 a.m.
Labour Code 1990 §53
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Shift work(er)

Shift work means work performed on the basis of a rota, in such a way that shifts may begin in the morning, in the evening, or at night.
Labour Code 1990 §55

NORMAL HOURS LIMITS

Normal hours limits are set at 8 hours per day and 44 hours per week.
Labour Code 1990 §§51, 52

Daily hours limit

A worker’s hours of work shall not exceed eight hours per day.
Labour Code 1990 §51

General limit

A worker’s hours of work shall not exceed eight hours per day.
Labour Code 1990 §51

Exceptions

Subject to the agreement of the workers concerned or of their legal representatives, an employer may reduce hours of work on some days of the week and increase them on other days of the week, provided that they do not exceed 44 hours in any week.

With regard to arduous, unhealthy and underground work, hours of work shall not exceed six hours per day.
Labour Code 1990 §§51 (Note), 52
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Special categories

Special provisions apply to shift workers and young workers.
Labour Code 1990

» Shift work

Hours of shift work may exceed 8 hours per day, provided that the total hours of work during four consecutive weeks shall not exceed 176.
Labour Code 1990 §57

» Young workers

Daily working time for young workers shall be one half an hour shorter than ordinary hours of work. Arrangements for this purpose shall be made by agreement between the worker and the employer.
Labour Code 1990 §82
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Weekly hours limit

The Labor Code 1990 imposes a weekly hours limit of 44 hours.
Labour Code 1990 §51 (Note)

General limit

The general weekly hours limit is 44 hours per week.
Labour Code 1990 §51 (Note)

Exceptions

Hours of work in arduous, unhealthy and underground work shall not exceed 36 hours per week.
Labour Code 1990 §§52, 57
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Special categories

Special provisions apply to shift workers.
Labour Code 1990

» Shift work

The hours of shift work may exceed 44 hours per week, provided that the total hours of work during four consecutive weeks shall not exceed 176.
Labour Code 1990 §57

OVERTIME WORK

Restrictions and penalty rates are prescribed for overtime work.
Labour Code 1990 §§59, 60, 61

Criteria for overtime

The criteria for overtime varies according to amount of overtime required.
Labour Code 1990 §§59, 60

General

For overtime of up to 4 hours in a single day, a worker may be required to work overtime on condition that:
(a) the worker consents;
(b) the worker is paid a 40 per cent supplement to the standard hourly wage.

For overtime in excess of four hours per day, the overtime may be required for a limited period to:
(a) prevent a foreseeable event or repair damages resulting from such an event; or
(b) to resume the activities of the workplace following their interruption because of the occurrence of a natural disaster, such as an earthquake, flood or other unforeseeable event.

Where overtime is performed in such circumstances, the employer shall notify the district Labour and Social Affairs Officer within 48 hours in order to establish the need for such overtime and its duration.

For overtime in excess of 8 hours per day, there must be exceptional circumstances and mutual consent.
Labour Code 1990 §§59, 60

Worker`s influence

The worker must consent to overtime work. Further agreement must be obtained in the event that the worker is required to work more than 4 or 8 hours of overtime in a day.
Labour Code 1990 §§59, 60

Limits on overtime hours

The general limit on overtime is 4 hours per day, with exceptions in cases of emergency.
Labour Code 1990 §§59, 60

General limits

The general limit on overtime is 4 hours per day.
Labour Code 1990 §59

Restrictions/exceptions

The 4 hour limit may be exceeded at the discretion of the employer and subject to a maximum of 8 hours per day, provided that the 40% supplement is paid and that such overtime is required for a limited period only to:
(a) prevent a foreseeable event or repair damages resulting from such event;
(b) to resume the activities of the workplace following their interruption because of the occurrence of a natural disaster, such as an earthquake, flood or other unforseeable event.

The 8 hour maximum may be exceeded in exceptional cases and by mutual consent.
Labour Code 1990 §60

Compensation for overtime work

Workers are to be paid a 40 percent supplement to the standard hourly wage for overtime work.
Labour Code 1990 §59(b)

Overtime rate(s)

Workers are to be paid a 40 percent supplement to the standard hourly wage for overtime work.

Additional compensation may be payable where an employer requires a worker to perform more than 4 hours of overtime in a day and the district Labour and Social Affairs Officer does not confirm that the overtime was needed to prevent a foreseeable event or repair damages arising out of such an event, or for the purposes of resuming activities of the workplace following the occurrence of a natural disaster.
Labour Code 1990 §§59(b), 60
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Exceptions

No exceptions to the 40% supplement identified.
Labour Code 1990 §59

Notice of requirement to work overtime

No notice requirements identified.

Special categories

Overtime is prohibited for workers who perform night work or dangerous, arduous or harmful types of work and for young workers.
Labour Code 1990 §§61, 83

Night work

It is prohibited to assign overtime work to workers performing night work.
Labour Code 1990 §61

Young workers

Workers under 18 years of age may not be required to perform overtime work.
Labour Code 1990 §83

SCHEDULES

No relevant provisions identified.

REST PERIODS

The Labour Code provides for an entitlement to weekly rest periods.
Labour Code 1990

Rest breaks

No relevant provisions identified.

Daily rest periods

No relevant provisions identified.

Weekly rest periods

The Labour Code entitles workers to a weekly rest period of one day with pay.
Labour Code 1990 §62

Duration

One day of weekly rest is compulsory.
Labour Code 1990 §62

» General

One day of weekly rest is compulsory
Labour Code 1990 §62

» Exceptions

No exceptions identified.

Day specified

Friday shall be the workers’ day of weekly rest.
Labour Code 1990 §62

» General

Friday shall be the workers’ day of weekly rest.
Labour Code 1990 §62
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» Exceptions

Another day may be determined as the day of weekly rest in public services (such as water, electricity and transport) and in workplace in which because of the nature and exigencies of work or by mutual consent.
Labour Code 1990 §62 (Note 1)
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Work on weekly rest day

The Labour Code does not contemplate work on weekly rest days.

ANNUAL LEAVE AND PUBLIC HOLIDAYS

The Labour Code provides workers with an entitlement to annual leave, public holidays and leave in the event of marriage or a death in the family.
Labour Code 1990

ANNUAL LEAVE

Workers are entitled to one month’s annual leave, with additional entitlement for workers performing arduous or harmful work.
Labour Code 1990 §§64, 65

Qualifying period

No qualîfying period identified.
Labour Code 1990 §64

Duration

The annual paid leave entitlement is one month, including four Fridays.
Labour Code 1990 §64

» General

A worker’s annual paid leave entitlement shall be a total of one month, including four Fridays. Other holidays shall not be considered part of such leave. Where work is performed for a period of less than one year, leave shall be calculated in proportion to actual length of service.
Labour Code 1990 §64

» Exceptions

Workers performing arduous or harmful work shall be entitled to five weeks of annual leave. Such leave shall be taken, if possible, in two portions, during each consecutive six month period.

The leave entitlement of seasonal workers shall be determined on the basis of the number of months worked.
Labour Code 1990 §§65, 68

Payment

Annual leave is to be paid.
Labour Code 1990 §64

» Date of payment

No relevant provisions identified.

Schedule and splitting

The date on which leave is taken shall be fixed by agreement between each worker and his employer. In the event of disagreement between a worker and his employer, the matter shall be referred to the Office of Labour and Social Affairs for final decision.

With regard to continuous chaintype work and any work requiring the presence of a minimum number of workers on working days, the employer shall, in the last quarter of each year, draw up a timetable for the taking of leave by workers in the following year and shall notify them of the timetable after confirmation by the Islamic Labour Council or the Guild Society or the workers’ representatives.

A worker shall not carry over more than nine days of his annual leave.
Labour Code 1990 §§66, 69

Work during annual leave

No relevant provisions identified.

PUBLIC HOLIDAYS

Workers are entitled to the official holidays observed in the Islamic Republic of Iran, plus Labour Day (1st May).
Labour Code 1990 §63

Number and dates

No official declaration of the number and dates of official holidays identified, with the exception of 1 May.
Labour Code 1990 §63
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Payment

No relevant provisions identified.

Work on Public Holidays

No relevant provisions identified.

EMERGENCY FAMILY LEAVE

Each worker shall be entitled to three days of paid leave in the event of:
(a) his marriage;
(b) the death of his spouse, father, mother, or one of his children.
Labour Code 1990 §73
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PART-TIME WORK

The Labour Code sets out the way in which the hourly rate of part-time workers is to be calculated.
Labour Code 1990

General provisions

The wages and benefits of workers engaged on a parttime basis or working less than the statutory hours of work shall be calculated and paid in proportion to hours of work performed.
Labour Code 1990 §39
Human Development Report of the Islamic Republic of Iran 1999 Box 7.2, page 93
Women’s Rights in the Laws of the Islamic Republic of Iran - excerpt p3
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Limits

No relevant provisions identified.

Schedule

No scheduling requirements identified for workers who are part-time under the Labour Code.
Women’s Rights in the Laws of the Islamic Republic of Iran - excerpt p3
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NIGHT WORK

The Labour Code provides for a penalty rate for night workers and prohibits them from being allocated overtime work.
Labour Code 1990

Criteria for night work

No criteria identified.

Limits

No distinction is made between night work and day work for the purposes of the daily and weekly limits on working hours. However, it is prohibited to assign overtime work to workers performing night work.
Labour Code 1990 §§51, 52, 61

Daily hours limit

The daily hours limit for night workers is the same as that for day workers, i.e. 8 hours per day, unless the work is arduous, unhealthy or underground, in which case the daily limit is 6 hours.
Labour Code 1990 §§51, 52

Weekly hours limit

The weekly hours limit for night workers is the same as that for day workers, i.e. 44 hours per week, unless the work is arduous, unhealthy or underground, in which case the weekly limit is 36 hours.
Labour Code 1990 §§51, 52

Overtime work

It shall be prohibited to assign overtime work to workers performing night work.
Labour Code 1990 §61

Schedule

No scheduling requirements identified.

Rest breaks

No relevant provisions identified (for day or night workers).

Daily rest periods

No relevant provisions identified (for day or night workers).

Weekly rest periods

No distinction is made between night and day workers for the purposes of the entitlement to weekly rest periods.
Labour Code 1990 §62

Annual leave

No distinction is made between night and day workers for the purposes of the annual leave entitlement.
Labour Code 1990 §64

Compensation

Nonshift workers and mixed workers shall be paid a 35 percent wage supplement for every hour of night work performed.
Labour Code 1990 §§53, 58
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Workers' health

There are no health and safety requirements directed specifically at the risks involved in night work. However, such risks will fall within the scope of the employer’s general duty to ensure that occupational safety and health requirements are met.
Labour Code 1990 Chapter IV

Transfers

No relevant provisions identified.

Special categories

The compensation entitlements of shift workers are affected by whether the worker performs night work.
Labour Code 1990 §56

Shift workers

A worker performing shift work during a given month shall, in addition to his wage, receive a shiftwork allowance of 10%, 15% or 22.5% depending on whether they work only morning and evening shifts (10%), morning and evening and night shifts (15%) or the morning and night or evening and night shifts (22.5%).
Labour Code 1990 §56

Young workers

No prohibition or restriction on employing young workers at night identified.

Women

No prohibition or restriction on employing women at night identified.

SHIFT WORK

Shift work means work performed on the basis of a rota, in such a way that shifts may begin in the morning, in the evening, or at night.
Labour Code 1990 §55

Criteria for shift work

No criteria for requiring shift work identified. However, the worker must be over the age of 18 years to be assigned shift work.
Labour Code 1990 §§80, 83

Limits

Hours of shift work may exceed eight hours per day or 44 hours per week, provided that the total hours of work during four consecutive weeks shall not exceed 176.
Labour Code 1990 §57

Daily hours limit

Hours of shift work may exceed 8 hours per day, provided that the total hours of work during four consecutive weeks shall not exceed 176.
Labour Code 1990 §57

Weekly limit

The hours of shift work may exceed 44 hours per week, provided that the total hours of work during four consecutive weeks shall not exceed 176.
Labour Code 1990 §57

Overtime work

No limit specific to shift workers identified.
Labour Code 1990

Schedule

Shift work means work performed on the basis of a rota, in such a way that shifts may begin in the morning, in the evening, or at night. A worker performing shift work during a given month shall, in addition to his wage, receive a shiftwork allowance equivalent to 10, 15 or 22.5 per cent of his wage respectively, for work on the morning and evening shifts; the morning, evening and night shifts; or the morning and night shifts or the evening and night shifts.

In respect of split work, the total hours of work, intervals, and overtime shall not exceed 15 hours per day from the beginning of work until the end of work. The beginning and end of the workday and the intervals shall be determined by agreement, with due regard to the type of work and the custom and common practice of the workplace.
Labour Code 1990 §§54, 56, 57
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Rest breaks

No relevant provisions identified.

Daily rest period

No relevant provisions identified.

Weekly rest period

No relevant provisions identified.

ON-CALL WORK

No relevant provisions identified.

FLEXITIME

No relevant provisions identified.

CASUAL WORK

No relevant provisions identified.

SHORT-TIME WORK/WORK-SHARING

No relevant provisions identified.

RIGHT TO CHANGE WORKING HOURS

No relevant provisions of general application identified. However, women in certain public sector organizations are entitled to request a change to part-time work.
Women’s Rights in the Laws of the Islamic Republic of Iran - excerpt Citing the Women’s Part-time Employment Laws
Human Development Report of the Islamic Republic of Iran 1999

Type of changes permitted

Women employed by ministries, state-owned companies, and state organizations and institutions that are subject to the National Employment Law may seek to change from full-time work to part-time work under the Women’s Part-Time Service Act 1983, the Implementation of Women’s Part-time Employment Act 1985 and the Addendum to the law of Part-Time Service for Women 1997. The request must be approved by their superior. Guidelines for part-time employment are to be decided by the highest official in each government body.
Women’s Rights in the Laws of the Islamic Republic of Iran - excerpt p3 - Section II - ’Women’s Part-time Employment’
Human Development Report of the Islamic Republic of Iran 1999 Box 7.2 ’Principal laws and regulations enacted after 1979 to protect women’s rights’ at page 93
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Limitations

Part-time employment under the Women’s Part-Time Service Act 1983 can be, under no circumstances, less than half the regular working hour. Further, the minimum length of such part-time employment is one year. In the event that the part-time employee requests change of status before the expiry of her part-time employment, she can resume full-time status should the government body deem it necessary. Otherwise, part-time employment cannot be less than a year.
Women’s Rights in the Laws of the Islamic Republic of Iran - excerpt p3

INFORMATION & CONSULTATION

The information and consultation requirements are limited to the contents of the employment contract and potential subject matter of collective bargaining.
Labour Code 1990

Information

An employment contract shall specify the worker’s working hours, holidays and leave.

When an employment contract is concluded in writing, it shall be drawn up in four copies, the first copy being deposited with the Labour Office, the second retained by the worker, the third by the employer, and the fourth by the Islamic Labour Council. In workplaces without an Islamic Council, the fourth copy shall be given to the worker’s representative.
Labour Code 1990 §10

Consultation

The Labour Code does not impose an express requirement on employers to consult with workers or their representatives about working time arrangements. However, it does provide for collective bargaining as a means of preventing or settling occupational and professional problems or improving the working conditions or welfare of workers. In this regard, any matter in labour relations which may involve the making of rules by collective bargaining may be raised and discussed through such bargaining. Working time arrangements at an enterprise may therefore be a subject of collective bargaining.
Labour Code 1990 §139

Results generated on: 23rd April 2014 at 16:52:30.
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