Report in which the committee requests to be kept informed of development - REPORT_NO371, March 2014

1. 570. The Committee last examined this case at its November 2012 meeting, when it presented an interim report to the Governing Body [see 365th Report, paras 1089–1100, approved by the Governing Body at its 316th Session (November 2012)].
2. 571. By a communication dated 13 October 2013, the Government forwarded a copy of the proposed amendments to the Labour Code and a copy of the by-laws concerning the formation, scope of duties, powers and the manner of function of trade unions and relevant societies.
3. 572. The Islamic Republic of Iran has not ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), nor the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. Previous examination of the case

1. 573. In its previous examination of the case, the Committee made the following recommendations [see 365th Report, para. 1100]:
   • (a) The Committee expects that the proposed draft amendments to the Labour Law will be in full conformity with the principles of freedom of association and would allow for trade union pluralism and strongly urges the Government to transmit a copy thereof without delay so that it may examine their conformity with freedom of association principles.
   • (b) The Committee regrets that the Government has not provided a copy of the amended Code of Practice on the Formation, Scope of Duties, Authorities and Method of Performance of Trade Unions and Related Associations, despite its previous request, and urges the Government to do so without delay.

B. The Committee’s conclusions

1. 574. The Committee recalls that this case, referred to it by the International Labour Conference in June 2010 upon a proposal of the Credentials Committee, concerns the issue of organizational monopoly imposed by the legislation and genuine representation of workers in practice. In particular, the Committee recalls that on several occasions it has requested the Government to amend article 131 of the Labour Law (1990), enshrining organizational monopoly, so as to ensure that the legislation allows for trade union pluralism. The Committee notes that in the framework of Case No. 2508, the Government forwards a copy of the draft amendments to the Labour Law which were submitted to Parliament on 2 December 2012. The Government explains that the text of the proposed amendments is being meticulously examined by various special committees of Parliament. Upon their final examination, the proposed bill will be submitted to Parliament for final approval. The Government also indicates that the draft amendments are the fruit of long and laborious consultations initiated by the Ministry of Cooperatives, Labour and Social Welfare, the Iranian Confederation of Employers’ Associations and the three most representatives workers’ confederations, including the Confederation of Workers’ Trade Unions, the High Council of Workers’ Representatives and the Confederation of the Islamic Labour Councils. The results of the social partners’ deliberations are duly incorporated in the proposed amendments. The Government requests the Committee, in the context of ILO technical cooperation, to make its comments on the draft so as to ensure that it is in full compliance with the respective ILO instruments.
2. 575. With regard to the draft amendments to the Labour Law, the Committee notes that, while section 131 would appear to promote workplace pluralism, as previously requested by the Committee, its accompanying Note 3 refers to a singular higher level organization of workers, namely the Confederation of the Workers’ Trade Union. The Committee further notes that, according to the proposed wording of section 135, the establishment of Islamic labour councils comprising representatives of workers, employers and representatives of management is mandatory in work units with more than 35 employees. It is not clear, however, how such councils will interact with workers’ trade unions active at the same unit.
3. 576. The Committee further notes a copy of the by-laws concerning the formation, scope of duties, powers and the manner of function of trade unions and relevant societies (2006), adopted pursuant to section 131 of the Labour Law in force, section 15 of which currently provides that “it is not permissible to register two similar organizations in one trade or industry in a common geographical area”. The Committee understands, however, that once the new amendments to the Labour Law are adopted, these by-laws will also be modified. It requests the Government to take the necessary steps without delay and to keep it informed in this regard.
4. 577. Indeed, the Committee notes that several sections of the proposed amendments to the Labour Law refer to regulations which would need to be prepared by the High Labour Council and approved by the Minister of Cooperatives, Labour and Social Welfare or the Council of Ministers, as the case may be, which would regulate in detail such subject matters as: the manner of formation, scope of duties and powers and performance of workers’ and employers’ organizations and confederations, election, formation, scope of duties and powers of workers’ representatives in workshops and the relevant assemblies, as well as election of representatives of employers and workers in domestic and international assemblies (pursuant to section 131, Note 5, of the Labour Law); supervision of activities and investigation of infringements by workers’ and employers’ organizations and by the board of director members or inspectors (pursuant to section 131, Note 6, of the Labour Law); establishment of the Islamic Labour Council (pursuant to section 135 of the Labour Law); the right to protest (pursuant to section 142bis of the Labour Law); establishment of and procedures relating to conciliation councils (pursuant to section 164 of the Labour Law), etc. It therefore appears that various components of freedom of association will be regulated through additional specific by-laws. It is thus not clear, at the present stage, to what extent the Labour Law and the accompanying regulations will guarantee, in law and in practice, the right of workers to come together and form organizations of their own choosing, independently and with structures which permit their members to elect their own officers, draw up and adopt their by-laws, organize their administration and activities and formulate their programmes in the defence of workers’ interests without interference from the public authorities.
5. 578. The Committee welcomes the Government’s indicated intention to ensure that the amended Labour Law is in conformity with the relevant ILO instruments and considers that ILO technical assistance in this respect could help the Government and its social partners in this endeavour. It therefore encourages the Government to accept the technical assistance of the Office and expects that the legislation and accompanying regulations will be effectively amended without delay so as to bring them into full conformity with the principles of freedom of association and will allow for trade union pluralism at all levels. It requests the Government to keep it informed of the status of the labour law reform.