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Iran, Islamic Republic of - Maternity protection - 2011


LAST UPDATE

12 August 2011

SOURCES


Name of Act

Labour Code, dated 20 November 1990 (Rouznameh Rasmi, No. 13,387, 17 February 1991, pp. 1-14) [LLD 1990-IRN 1].
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Name of Act

Encouraging Breastfeeding and Protection of Breastfeeding Mothers Law, adopted March 1995 by the Islamic Consultative Assembly
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Name of Act

Social Security Law, dated 24 June 1975, as amended [LS 1975-Iran 1]. Published on the Social Security Organization website at http://www2.tamin.org.ir/web/sso-en/law/ch1 and accessed 11 August 2011.
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Other source used

Letter from the Islamic Republic of Iran Ministry of Labour and Social Affairs to François Eyraud of the ILO Conditions of Work and Employment Programme dated 17 December 2003, responding to correspondence from the ILO dated 21 July 2003 requesting information on maternity protection in Iran.

Other source used

The Islamic Republic of Iran Ministry of Foreign Affairs, ’The Country Report of the Islamic Republic of Iran on the Ten-Year Evaluation of Implementing the Commitments Undertaken in the World Summit for Children’, dated December 2000. Published at http://www.unicef.org/specialsession/how_country/edr_iran_en.doc and accessed 11 August 2011
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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.

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.

MATERNITY LEAVE

There is an entitlement to maternity leave under the Labour Code, with additional entitlements for women who breastfeed their children under the Encouraging Breastfeeding and Protecting Breastfeeding Mothers Law 1995.
Labour Code 1990
Encouraging Breastfeeding and Protection of Breastfeeding Mothers Law 1995

Scope

The maternity leave entitlement under the Labour Law applies to all women workers, trainees and apprentices in industrial and agricultural establishments, mining enterprises, construction, transport enterprises, commercial establishments, production units and any other place open to the public. However, it does not apply to the any person subject to the Civil Service Act or to other special laws and regulations, and any worker in family workplaces where work is performed exclusively by the employer, his wife and his blood relatives in the first degree.

The additional maternity leave entitlements under the Encouraging Breastfeeding and Protection of Breastfeeding Mothers Law 1995 applies to nursing (breastfeeding) mothers in either private or public sector employment.
Labour Code 1990 §§5, 188
Encouraging Breastfeeding and Protection of Breastfeeding Mothers Law 1995
Women’s Rights in the Laws of the Islamic Republic of Iran - excerpt p4 (see Supporting Mothers During Nursing Period)
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Qualifying conditions

No qualifying conditions are imposed in relation to the maternity leave entitlements under the Labour Code.

In order to qualify for the additional maternity leave entitlement under the Encouraging Breastfeeding and Protecting Breastfeeding Mothers Law, the worker must:
(1) be nursing one of her first 3 children;
(2) have certification from a pediatrician or physician from a public health and treatment centre;
(3) have a copy of the child’s birth certificate.
Labour Code 1990 §76
Women’s Rights in the Laws of the Islamic Republic of Iran - excerpt p4 (see Supporting Mothers During Nursing Period)

Duration

The general maternity leave entitlement under the Labour Code is 90 days, while this is extended to four months for breastfeeding mothers under the Encouraging Breastfeeding and Protecting Breastfeeding Mothers Law.
Labour Code 1990
Encouraging Breastfeeding and Protection of Breastfeeding Mothers Law 1995

Compulsory leave

No compulsory leave requirements identified. However, the Labour Code stipulates that 45 days of the 90 day maternity leave entitlement shall be taken, if possible, after delivery.
Labour Code 1990 §76

General total duration

The Labour Code entitles women workers to 90 days of maternity leave.

The Encouraging Breastfeeding and Protection of Breastfeeding Mothers Law extends the maternity leave entitlement to four months for nursing mothers.
Labour Code 1990 §76
Encouraging Breastfeeding and Protection of Breastfeeding Mothers Law 1995 §3
Historical data (year indicates year of data collection)
  • 2009: 90 days, of which 45 days must, if possible, be taken after confinement. Four months for breastfeeding mothers, up to three children.

Extension

Maternity leave entitlements under the Labour Code is extended by 14 days for women giving birth to twins.

Maternity leave entitlements under the Encouraging Breastfeeding and Protection of Breastfeeding Mothers Law is extended to five months in the event that the woman gives birth to twins and to twelve months in the case of multiple births.
Labour Code 1990 §76
Encouraging Breastfeeding and Protection of Breastfeeding Mothers Law 1995 §3(3)

Leave in case of illness or complications

No leave entitlement specific to maternity-related illness or complication identified. However, female workers suffering from such illness or complications may be entitled to take sick leave.
Labour Code 1990 §74
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RELATED TYPES OF LEAVE

No entitlement to related types of leave identified.

Parental leave

No entitlement to parental leave identified.

Paternity leave

No entitlement to paternity leave identified.

Adoption leave

No entitlement to adoption leave identified.

RIGHT TO PART-TIME WORK

Women workers in the public sector may request to change to part-time work in accordance with the Women’s Part-time Employment Act 1985.
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 p93 Box 7.2

General provisions

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 provides that ministries, state-owned companies, and state organizations and institutions that are subject to the National Employment Law can grant women employees part-time status upon their request and their superior’s approval.

Part-time employment can be, under no circumstances, less than half the regular working hour and part-time employees will receive half their base salary. 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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Length

The minimum length of part-time employment is one year.
Women’s Rights in the Laws of the Islamic Republic of Iran - excerpt p3 - Section II - ’Women’s Part-time Employment’

Change of part-time work arrangement

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 - Section II - ’Women’s Part-time Employment’

CASH BENEFITS

Cash benefits are payable where insured workers, or the wives of insured workers, take maternity leave.
Social Security Law 1975 §67

Maternity leave benefits

Maternity leave benefits are to be paid in accordance with the Social Security Law.

Scope

The scope of the cash benefit mirrors the scope of the maternity leave entitlements under the Labour Code and the Encouraging Breastfeeding and Protecting Breastfeeding Mothers Law.
Labour Code 1990 §76
Encouraging Breastfeeding and Protection of Breastfeeding Mothers Law 1995 §3
Social Security Law 1975 §4(A) and (B)
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Qualifying conditions

The cash benefit payable in relation to both materntiy leave entitlements is paid in accordance with the Social Security Law, which provides that a female insured or the wife of a male insured, who has a record of paying the insurance contribution for 60 days within the one year prior to delivery, may enjoy the pregnancy and confinement benefit provided she is not working.
Labour Code 1990 §§76 (Note 2), 148
Encouraging Breastfeeding and Protection of Breastfeeding Mothers Law 1995
Social Security Law 1975 §67
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Duration

The maximum cash benefit that may be paid in relation to pregnancy and confinement shall not exceed a total period of 12 weeks covering the time both before and after delivery.
Social Security Law 1975 §67

Amount

The pregnancy and confinement benefit shall be equal to two thirds of the last wage or salary of the insured, calculated in accordance with §63 of the Social Security Law.
Social Security Law 1975 §§63, 67
Encouraging Breastfeeding and Protection of Breastfeeding Mothers Law 1995 §3(3)
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Historical data (year indicates year of data collection)
  • 2009: 66,6 per cent of average earnings.

Financing of benefits

The maternity cash benefits are paid by the Social Security Organization of the Islamic Republic of Iran, which was established by the Social Security Law. The sources of income of the organization are as follows:
1. The insurance contribution, being at the rate of 30% of wages or salaries, 7% of which is to be paid by the insured, 20% by the employer and 3% by the Government;
2. Income obtained from the funds, reserves and properties of the organization;
3. Money obtained from penalties and cash fines specified in this law;
4. Grants and gifts.
Social Security Law 1975 §28
Historical data (year indicates year of data collection)
  • 2009: Social Security Organization

Alternative provisions

No alternative provisions identified.

Parental leave benefits

No entitlement to parental leave benefits identified.

Paternity leave benefits

No entitlement to paternity leave benefits identified.

Adoption leave benefits

No entitlement to adoption leave benefits identified.

MEDICAL BENEFITS

The Social Security Law entitles insured workers and their wives to medical benefits before, during and after delivery.
Labour Code 1990 §68

Pre-natal, childbirth and post-natal care

Employers covered by the Labour Code are obliged to insure their workers in accordance with the Social Security Law.

The Social Security Law entitles a female insured or the wife of a male insured, who has a record of paying the insurance contribution for 60 days within the one year prior to delivery may enjoy the medical assistance and examinations and treatment before, during and after delivery.
Social Security Law 1975 §68
Labour Code 1990 §§147, 148
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Financing of benefits

The medical benefits are paid by the Social Security Organization of the Islamic Republic of Iran, which was established by the Social Security Law. The sources of income of the organization are as follows:
1. The insurance contribution, being at the rate of 30% of wages or salaries, 7% of which is to be paid by the insured, 20% by the employer and 3% by the Government;
2. Income obtained from the funds, reserves and properties of the organization;
3. Money obtained from penalties and cash fines specified in this law;
4. Grants and gifts.
Social Security Law 1975 §28

BREASTFEEDING

The Labour Code and the Encouraging Breastfeeding and Protecting Breastfeeding Mothers Law entitles women to breastfeeding breaks and access to nursing facilities.
Labour Code 1990 §78
Encouraging Breastfeeding and Protection of Breastfeeding Mothers Law 1995
Women’s Rights in the Laws of the Islamic Republic of Iran - excerpt p4 - Section II - ’Supporting Mothers During Nursing Period’

Right to nursing breaks or daily reduction of hours of work

The Labour Code provides that nursing mothers are entitled to take a 30-minute break every three hours until the child reaches 2 years of age.

The Encouraging Breastfeeding and Protecting Breastfeeding Mothers Law provides that nursing mothers who have resumed work are entitled to daily one-hour leave periods until the child’s 20th month. The entitlement may be taken as up to 3 separate breaks per day.
Labour Code 1990 §78
Encouraging Breastfeeding and Protection of Breastfeeding Mothers Law 1995
Women’s Rights in the Laws of the Islamic Republic of Iran - excerpt p4 - Section II - ’Supporting Mothers During Nursing Period’

Remuneration of nursing breaks

Nursing breaks are included in the working hours.
Labour Code 1990 §78

Transfer to another post

The job security of a nursing mother whose maternity leave period has expired must be guaranteed, and they may not be transferred to a different job during their nursing period.
Encouraging Breastfeeding and Protection of Breastfeeding Mothers Law 1995
Women’s Rights in the Laws of the Islamic Republic of Iran - excerpt p4 - Section II - ’Supporting Mothers During Nursing Period’

Nursing facilities

The Labour Code requires the employer to set up children’s care centres (such as day nurseries, kindergartens, and the like) according to the number of children, with due regard to their age.

The Encouraging Breastfeeding and Protecting Breastfeeding Mothers Law further provides that Ministries and government bodies are responsible for providing appropriate areas for mothers to breast-feed their children.
Labour Code 1990 §78
Encouraging Breastfeeding and Protection of Breastfeeding Mothers Law 1995
Women’s Rights in the Laws of the Islamic Republic of Iran - excerpt p4 - Section II - ’Supporting Mothers During Nursing Period’
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HEALTH PROTECTION

The Labour Code imposes a general prohibition on employing women in dangerous, arduous or harmful work and provides a further right to transfer for pregnant women in work deemed dangerous or arduous for a pregnant worker.
Labour Code 1990 §§75, 77

Arrangement of working time

No relevant provisions identified.

Dangerous or unhealthy work

There is a general prohibition on employing women in dangerous work and a further entitlement for pregnant women to be transferred out of work that is deemed dangerous for pregnant workers.
Labour Code 1990 §§75, 77

General

Women shall not be employed to perform dangerous, arduous or harmful work or to carry, manually and without mechanical means, loads heavier than the authorised maximum.

Further, where a type of work is deemed dangerous or arduous for a pregnant worker on the advice of a physician of the Social Security Organisation, the employer shall, without reducing her remuneration, provide her with more suitable and easier work until the end of her pregnancy.
Labour Code 1990 §§75, 77
Women’s Rights in the Laws of the Islamic Republic of Iran - excerpt p2
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Risk assessment

There is no requirement on employers to conduct risk assessments in relation to a workplace or group(s) of workers. Rather, the Labour Code requires all workplaces, employers, workers, and trainees to observe such instructions as may be drawn up by the High Council for Occupational Safety (with regard to occupational safety) and by the Ministry of Health, Therapeutic Care and Medical Training (with regard to the prevention of occupational diseases and the maintenance of occupational health and workers’ health and the work environment).
Labour Code 1990 Chapter IV - Occupational Safety and Health

» Transfer to another post

If the physician of the Social Security Organization considers the work of a pregnant woman to be dangerous or arduous, she must be provided with a more suitable and easier job until confinement, without loss of income.
Labour Code 1990 §77

Particular risks

Carrying loads for women during pregnancy and the first ten weeks after childbirth is prohibited.
Women’s Rights in the Laws of the Islamic Republic of Iran - excerpt p2 (see ’Female Workers under Iran Law’)

» Arduous work (manual lifting, carrying, pushing or pulling of loads)

Carrying loads for women during pregnancy and the first ten weeks after childbirth is prohibited.
Women’s Rights in the Laws of the Islamic Republic of Iran - excerpt p2 (see ’Female Workers under Iran Law’)

NON-DISCRIMINATION AND EMPLOYMENT SECURITY

Men and women are to receive equal protection under law and women are to return to work following a period of maternity leave. No other relevant protections have been identified.
Labour Code 1990

Anti-discrimination measures

All individuals, whether men or women, are entitled to the same protection of the law.

Specific provision is made with respect to wages, stipulating that equal wages shall be paid to men and women performing work of equal value in a workplace under the same conditions. Any discrimination in wage determination on the basis of age, gender, race, ethnic origin and political and religious convictions shall be prohibited.
Labour Code 1990 §§6, 38

Prohibition of pregnancy testing

No prohibition of pregnancy testing identified.
Women’s Rights in the Laws of the Islamic Republic of Iran - excerpt p3
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Protection from discriminatory dismissal

There is no express protection from discriminatory dismissal. However, Note 1 to §76 of the Labour Code provides that on termination of maternity leave, a woman worker shall return to her former work, the duration of such leave being considered part of her effective service, subject to confirmation by the Social Security Organisation.
Labour Code 1990 §76(1)

Burden of proof

No relevant provisions identified.

Guaranteed right to return to work

On termination of maternity leave, a woman worker shall return to her former work, the duration of such leave being considered part of her effective service, subject to confirmation by the Social Security Organisation.
Labour Code 1990 §76 (Note 1)

Results generated on: 30th August 2014 at 00:09:48.
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