Laws and Regulations Concerning Employment

IN THE NAME OF GOD

 

Laws and Regulations

Concerning

Employment of Foreign

Nationals

 

 

 

Ministry of cooperatives, labour and social welfare

Directorate General for Employment of

Expatriates


Article120:

Foreign citizens shall not be engaged in any sort of work in Iran unless first they have an entry visa entitling them to specified work and second   have obtained a work permit in accordance with the relevant laws and regulations.

 

Note:

            

 The following foreign citizens are not subject to the provisions of section 120:

(a)   Foreign citizens exclusively employed by diplomatic and consular missions, subject to confirmation by the Ministry of Foreign Affairs;

(b)   The personnel and experts of the United Nations and its specialized agencies, subject to confirmation by the Ministry of Foreign Affairs:

(c)    The correspondents of foreign news agencies and press, subject to reciprocity and by the confirmation by the Ministry of Culture and Islamic Guidance.

 

 

Article 121:

   The Ministry of Labour and Social Affairs shall issue visa entitling the bearer to specified work, together with a work permit, provided  that: 

(a)   According to the information available to the Ministry of Labour and Social Affairs, there are no qualified Iranian citizens with similar specialization who are ready to perform the work in question;

(b)   The foreign citizen possesses sufficient knowledge and expertise for the job in question;

(c)    The expertise of the foreign citizen is used to train Iranians with a view to the subsequent substitution of the foreign citizen by a trained Iranian.

Note:        

The Technical Board for Employment shall decide whether the conditions specified in this section are fulfilled. The rules governing the number of members of the Board, the conditions for their selection and the procedure for holding the sessions of the Board shall be drawn up by the Ministry of Labour and Social Affairs, and approved by the Council of Ministers.

 

       Article122:

                       

The Ministry of Labour and Social Affairs may issue, extend or renew the work permit of:

(a)   A foreign citizen who has continuously resided in Iran for at least ten years;

(b)   A foreign citizen married to an Iranian;

(c)    Immigrants  from foreign countries, particularly the Islamic ones, and political refugees, provided that they have a valid immigration or refugee card ,and subject  to the written agreement of the Ministry of the Interior and the Ministry of Foreign Affairs.

            Article123:

       The Ministry of Labour and Social Affairs may, if necessary and/or subject to reciprocity, exempt the citizens of certain countries and stateless persons (provided that their status is not optional and voluntary) from payment of the fee for a work permit or for the extension and renewal thereof, subject to confirmation by the Ministry of Foreign Affairs and approval by the Council of Ministers.

 

 

Article124:

In accordance with the provisions of this Code, a work permit shall be issued, extended or renewed for a maximum period of one year.

Article125:  

In case, under any  circumstances, an employment relationship between a foreign citizen and an employer is disrupted , the employer shall notify the Ministry of Labour and Social Affairs thereof within 15 days. The foreign citizen shall within 15 days surrender his work permit to the said Ministry against a receipt. The Ministry may request the relevant authorities to expel the foreign citizen from the country, If necessary .

 

Article126:

Where it is considered contingent to recruit a foreign citizen urgently on an exceptional basis because of the needs of the industry of the country, the minister concerned shall notify the Ministry of Labour and Social Affairs accordingly and ,subject to the approval of the Minister of Labour and social Affairs, a provisional work permit shall be issued to the foreign citizen  concerned, without compliance with the

 formalities normally required for the issuance of a visa entitling the bearer to specified work.

Note:

A provisional work permit shall be valid for three months at the most, any extension thereof being subject to confirmation by the Technical Board for the Employment of Foreign Citizens.

Article127:

The conditions of employment of foreign technical experts and specialists needed by the Government shall be drawn up with due regard to their nationalities, length of service, level of remuneration and the availability of domestic manpower. The said conditions shall be subject to ratification by the Islamic Consultative Assembly, following consideration and advice by the Ministry of Labour and Social Affairs and the State Organization for Administrative and Employment Affairs. In any case , a work permit for the employment of a foreign  expert shall be issued by the Ministry of Labour and Social Affairs only with the approval of the Islamic Consultative Assembly.

 

Article128:

Prior to signing any contract likely to entail the employment of foreign experts, an employer shall inquire the opinion of the Ministry of Labour and Social Affairs about the possibility for authorizing the employment of foreign citizens.

 

Article129:

 

The regulations on the employment of foreign citizens, including procedures for issuing, extending, renewing and cancelling work permits and conditions for the selection of the members of the Technical Board for the Employment of Foreign citizens, as referred to in Article 121 of this Code  , shall be drawn up by the Minister of Labour and Social Affairs, and approved by the Council of Ministers.

 

OFFENCES AND PENALTIES

Section(c) of ARTICLE 11 OF THE LAW OF REGULATING SOME OF THE GOVERNMENT’ S FINANCIAL RULES APPROVED ON 1380/11/27

C-In order to prevent the presence of foreign manpower in labour marker of the country the Ministry of Labour and Social Affairs is charged to fine the employers who employ foreign citizens lacking a work permit for five times as much as the minimum daily wage . If the violation is repeated ,

 

the fine will be doubled .

The income will be credited to public income account (Treasury) .

In case of protest , the above-mentioned employers can submit the case to the righteous judicatory .If the employers refuse to  pay the fine assigned in this section , they will be prosecuted according to

Article 181 of Labour Law approved by the Expediency Discernment  Council of the System on 1369/8/29.The contents of this section  don’t

include the employment of foreign citizens inside their camp.

 

 

OFFENCES AND PENALTIES

 

Article 181:

Any employer who employs a foreign citizen lacking a work permit, or carrying an expired work permit, and / or employs a foreign citizen to a work other than specified in his/her work permit, or  fails to report the disruption of the employment relationship of a foreign citizen to the Ministry of labour and Social Affairs may be subjected

to a term of imprisonment  ranging from 91 to 180 days, taking into account his/her circumstances and the degree of the offence.

 

 

 

The Executive Regulations of

Article 129 of the Labour Law

of the Islamic Republic of Iran

A.              Manners of Issuance, Extension, Renewal and Cancellation of  Foreign Citizens’ Work  Permits

Article1:

The work permit of foreign citizens whose work visas have been approved by the Technical Board for Employment of Foreign Citizens mentioned in Article 121 of the Labour Law will be issued by the “Department for Employment of Expatriates” of the Ministry of Labour and Social Affairs. 

Note1:                                        

The issuance of work visa for foreign citizens mentioned in the Article 122 of the Islamic Republic of Iran’s Labour Law is not included in this article and the Ministry of Labour and Social Affairs is authorized to take direct measures in necessary cases

 

Note2:

 

The Ministry of Labour and Social Affairs is allowed to, in exceptional cases of article 126 of the Islamic Republic of Iran’s Labour Law, issue a 3 months temporary work permit without observing the formalities related to issuance of work visa but observing other related regulations. The extension of the work permit of such individuals would be permitted following the confirmation of the technical board for employment of foreign citizens.

Article2:

Employers who use the foreign citizens’ services are obliged to present the required documents for the issuance of work permit for the mentioned citizens to the related departments of Ministry of Labour and Social Affairs within one month of the citizens’ arrival to the country. Otherwise, the Ministry of Labour and Social Affairs would declare the issue to the judicial authorities according to the article 181 of the Labour Law.

 

 

Article3:

Work permit for foreign technical experts and specialists needed by the government will be issued in any case by the Department of Employment of expatriates after the approval of the Technical Board for Employment of Foreign Citizens and the ratification of the Islamic Consultative Assembly.

 

 

NOTE:

The conditions of employment of foreign technical experts and specialists needed by the Government and the permission to issue the work permit shall be subject to ratification by the Islamic Consultative Assembly  following advice by the Ministry of Labour and Social Affairs and the State Organization for Administrative and Employment Affairs .

Article4:

Employers who use the foreign citizens’ services, if interested in extension of the foreign experts’ work permit employed in their organizations, are obliged to send the required documents along with the report of training operations to the relevant departments of Ministry of Labour and Social Affairs within at least one month prior to expiry of their work permits.

 

 

Article5:

The Ministry of Labour and Social Affairs can extend the work permit of those foreign citizens mentioned in the Article 3 of this regulation.

Note:

Any increase in the projects’ foreign manpower, or changes made in the kind of specializations approved previously, should be discussed again in the Technical Board for Employment of Foreign Citizens.

Article6:

All the work permit extension applications for foreign citizens employed in the private sector, in each turn of extension, would be mentioned and decided upon in the Technical Board for Employment of Foreign Nationals.

 

 

Article7:

Foreign citizens possessing valid work permits whose recruitment contracts with their employers are terminated due to any reason in conditions of change of the employer would be subjected to the renewal of the work permit.

Article8:

The foreign citizens’ work permit in cases of change of the employer or the kind of employment, with the exception of foreign citizens mentioned in Article 122 of the Labour Law, would be renewed following the Technical Board for Employment of Foreign Nationals’ agreement, by the relevant departments of the Ministry of Labour and Social Affairs.

 

Article9:

In cases when the employment relation of the foreign citizen is disrupted with the employer, the latter is obligated to inform the relevant departments of the Ministry of Labour and Social Affairs within 15 days for the cancellation and filing of foreign citizen’s work permit.

The violators of this article would be subjected to the fines and penalties mentioned in article 181 of Labour Law.

 

 

Note:

The replacement of the foreign citizen whose work permit has been cancelled is subject to the process of issuance of a new work permit in any case.

Article10:

The Ministry of Labour and Social Affairs is authorized to cancel the work permit of those foreign citizens who do not observe the Islamic rules, the country’s current laws and regulations, and the standard labour relations, on the basis of reports and declarations received from the related departments.

Note1:

After the cancellation of work permit, The Ministry of Labour and social Affairs, may request the relevant  authorities to expel the foreign citizens from if necessary .

 

Note2:

The Ministry of Labour and social Affairs can, in necessary cases, request the competent authorities to prohibit the entrance of those foreign citizens to the country, who haven’t observed the points mentioned in this article and have offended more than twice.

 

 

Article11:

The executive procedures and necessary documents for issuance of work visa and also for the issuance, extension, and renewal of foreign citizens’ work permits would be according to the directions which will be proposed by the Department for Employment of Expatriates and ratified by the Minister of Labour and Social Affairs.

 

B.     Technical Board for Employment of Foreign Nationals

Article12:

The Technical Board for Employment of Foreign Citizens would consider and decide with regards to the granting of work permit to foreign specialists according to the following points:

1-Using accurate and up to date information about the supply and demand of internal labour market, implementing the general policies of employment of foreign citizens.

2-Consideration and supervision of the implementation of general policies regarding foreign citizens` employment in the field of overcoming the shortages of the internal labour market`s requirements, observing the laws and regulations.

3-Investigating and  supervising and following the time scheduled training programme of sectors which use foreign citizens` services.

4- Investigating and supervision of the issue of skill transfer to the Iranian manpower and replacing the Iranians  instead of the foreign citizens.

5-Supervision of the determination and approval of the expertise level of foreign citizens during their work permit validity.

 

 

Article 13:

The composition of the members of Technical Board for Employment of Foreign Citizens is as follows:

1. Two representatives from the Ministry of Labour and Social Affairs, introduced by the Minister of Labour and Social Affairs.

2. A representative of the sector using the foreign citizens’ services.

3. A representative of the State Organization for Administrative and Employment Affairs.

4. A representative of Plan and Budget Organization.

Article14:

The meetings of Technical Board for Employment of Foreign Citizens would be held twice a week according to previous invitation chaired by one of the representatives of the Ministry of Labour and Social Affairs, appointed by the Minister of Labour and Social Affairs.

 

 

Article15:

 The meetings would be in session with the participation of at least four members and the decisions made would be valid in case of at least 3 positive votes.

Article16:

The Department for Employment of Expatriates is obliged to follow the decisions made by the Technical Board for Employment of Foreign Citizens.

Article17:

The Ministry of Labour and Social Affairs can, in necessary cases, establish Technical Boards for Employment in provinces, and entrust the whole or part of authorities of the Central Board to them.

Note:

The composition and manner of establishment of the Technical Board for Employment of Foreign Citizens in provinces would be according to the directions ratified and approved by the Ministry of Labour and Social Affairs.