The relationship between an employee and an employer is based on law and economics. However, this relationship is always prone to tension and disagreement. Disputes can cover a wide range of issues, including wages and salaries, benefits, working conditions, overtime, holidays, insurance issues, bonuses, and termination of employment. Understanding legal rights and dispute resolution paths is crucial for any employee or employer facing a challenge in their employment relationship. This guide examines the main authorities responsible for resolving disputes between employees and employers in Iran.
Main Authorities for Dispute Resolution
Islamic Labor Council: The first authority to be consulted in the event of a dispute between an employee and an employer is the Islamic Labor Council. This council, which is formed in units with a suitable number of workers, consists of representatives of the employer, workers, and in some cases the Ministry of Labor. It tries to create a ground for settlement and dispute resolution by holding meetings and mediation.
Boards of Expertise of the Ministry of Labor: The main authority for handling complaints and disputes in the field of labor relations is the Boards of Expertise affiliated with the Ministry of Cooperatives, Labor and Social Welfare. These boards consist of three members: a representative of the workers, a representative of the employers, and a representative of the Ministry of Labor. They handle all disputes and complaints of workers and employers, with two exceptions: disputes arising from the job classification plan and disputes related to insurance and social security. The rulings issued by the Boards of Expertise are appealable.
Dispute Resolution Boards of the Ministry of Labor: The next authority to deal with labor disputes is the Dispute Resolution Boards of the Ministry of Labor. These boards are competent to hear appeals against the rulings of the Boards of Expertise. The Dispute Resolution Boards consist of 9 members: three representatives from the workers, three representatives from the employers, and three representatives from the government. The final ruling issued by the Dispute Resolution Board is enforceable, meaning that it can be referred to the judicial authorities for execution. However, even the ruling of the Dispute Resolution Board can be appealed in another authority.
Administrative Court of Justice: This institution is the highest administrative court in Iran and is competent to hear complaints and grievances against the rulings of quasi-judicial authorities such as the Dispute Resolution Boards. If the ruling of the Dispute Resolution Board is proven to be unjustified, the Administrative Court of Justice will issue an order to overturn the ruling and refer the case to another Dispute Resolution Board.
Importance of Receiving Legal Advice from Specialized Lawyers
Labor laws in Iran are particularly complex. Resolving disputes in this area can be a difficult and time-consuming process. Obtaining guidance from an experienced lawyer specializing in labor law can not only help in better understanding the rights of the employee and employer but can also pave the way for the recovery of lost rights.
Legal Services and Benefits of Using Them
Our team of lawyers, with years of experience in handling labor claims, is ready to provide the following services:
Legal Consultation: Evaluating your case, analyzing the conditions, and providing the best legal strategy based on the characteristics of the existing dispute.
Representation in Dispute Resolution Authorities: Accompanying you in all stages of the complaint process from registration to hearing in the Boards of Expertise, Dispute Resolution Boards, and the Administrative Court of Justice.
Drafting Petitions and Statements: The correct and well-reasoned drafting of legal documents has a significant impact on proving the claim and advancing the case. Our team is here to help you in this regard.
Appeal: Reviewing the rulings, identifying the appealable points, and assisting in the process of appealing in the competent authorities.
Act today to defend your rights against potential infringement. Contact us now to schedule a specialized legal consultation.
