Interim Report - Report No 365, November 2012

1. 1089. The Committee last examined this case at its March 2012 meeting, when it presented an interim report to the Governing Body [see 363rd Report, paras 706–722, approved by the Governing Body at its 313th Session (March 2012)].
2. 1090. The Government sent its observations in a communication dated 30 May 2012.
3. 1091. 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. 1092. In its previous examination of the case, the Committee made the following recommendations [see 363rd Report, para. 722]:
   • (a) Noting the Government’s indication that, together with its social partners, it has collectively negotiated amendments of the Labour Law and that it strongly hopes that the newly drafted Labour Law that is expected to be approved by the Parliament also addresses the core concerns of the Committee of Freedom of Association, the Committee trusts that the Government will avail itself of the technical assistance of the ILO, as a matter of urgency, so as to ensure that the Bill before the Parliament will be in full conformity with the principles of freedom of association. The Committee urges the Government to keep it informed of the progress made in amending article 131 of the Labour Law and firmly expects that the legislation will be brought into conformity with freedom of association principles in the very near future.
   • (b) The Committee requests the Government to provide 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.
   • (c) The Committee requests the Government to clarify any difference there is between the Coordinating Center of Workers’ Representatives (CCR) and the High Assembly of Workers’ Representatives. Reiterating its deep concern at the apparent absence of workers’ organizations’ delegates, appointed in the full spirit of freedom of association, among the official delegation to the International Labour Conference, the Committee stresses that it is a matter of utmost urgency, in view of the upcoming session of the International Labour Conference, that the Government deploy all efforts, with the technical assistance of the ILO, for the rapid amendment of the labour legislation.

B. The Government’s reply

1. 1093. In its communication dated 30 May 2012, the Government reiterates its earlier observations and expresses its cognizance of the fact that the Committee takes into account national circumstances, such as the history of labour relations and the social and economic context.
2. 1094. The Government expresses its conviction that by allowing the establishment of independent and self-governing workers’ and employers’ organizations and by vesting them with means of promoting and defending the interests of their members, it allows such organizations to become a source of social justice and to serve the purpose of safeguarding sustainable peace in Iranian society. The Government considers that the development of free and independent organizations and negotiation with all those involved in social dialogue is indispensable to enable it to confront social and economic problems and to resolve them in the best interests of workers and to develop their social and economic well being. It considers that in order to defend the interests of their members more effectively, workers’ and employers’ organizations of Iran, as recognized by the national labour legislation, including the Workers’ Representatives, should have the right to form federations and confederations of their own choosing.
3. 1095. The Government welcomes the Committee’s recommendation (a) and indicates that, in line with the principles of freedom of association, the newly amended text of the Labour Law has been collectively negotiated and drafted by the social partners considering the observations reflected in the Committee’s 363rd Report.
4. 1096. As regards the clarification requested in recommendation (c), the Government explains that the difference between the Coordinating Center of Workers’ Representatives (CCR) and the High Assembly of Workers’ Representatives pertains to the gradual process of one turning into another. The said organization, also duly recognized by the provisions of the existing labour law, began coordinating workers’ representatives from across the country and, upon holding its general assembly, drafting its by-laws, etc. was finally registered as the High Assembly of Workers’ Representatives. Furthermore, with regard to the Committee’s recommendation to the effect that the Government should deploy all efforts, with the technical assistance of the ILO, for the rapid amendment of the labour legislation, the Government indicates that the revision is under way benefiting from the observations of the ILO, the social partners and competent experts of the Ministry of Cooperatives, Labour and Social Welfare.

C. The Committee’s conclusions

1. 1097. The Committee recalls that this case, referred to it by the International Labour Conference in June 2010 upon a proposal of the Credential’s 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, enshrining organizational monopoly, so as to ensure that the legislation allows for trade union pluralism. The Committee notes that in its communication dated 30 May 2012, the Government reiterates that the newly amended text of the Law has been negotiated and drafted together with the social partners taking into account the recommendations of the Committee. The Committee further notes that with regard to its recommendation to the Government to seek the ILO technical assistance for the rapid amendment of the labour legislation, the Government indicates that the revision is under way benefiting from the observations of the ILO, the social partners and competent experts of the Ministry of Cooperatives, Labour and Social Welfare.
2. 1098. The Committee understands that the technical advice of the Office was not sought in the process of preparing the mentioned amendments and deeply regrets that, despite its repeated requests, a copy thereof has not been communicated to it for its evaluation of this case in full knowledge of the facts. The Committee expects that the proposed draft amendments will be in full conformity with the principles of freedom of association and once again recalls that the principle of trade union pluralism, which the Iranian Government has been called to ensure in law and in practice on many occasions, is grounded in 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. Given the explanation provided by the Government on the difference between the Coordinating Center of the Workers’ Representatives (CCR) and the High Assembly of Workers’ Representatives, which it understands pertains to the gradual process of one turning into another, and the absence of response from the Government to the Committee’s recommendations that it seek ILO technical assistance and transmit the amended text of the legislation, the Committee can only express its deep concern at the lack of cooperation from the Government in this regard. While the Government has repeatedly assured the Committee that the new legislation will take into account the principles of freedom of association, the Committee regrettably can see no concrete and tangible indications that this is the case. The Committee therefore once again strongly urges the Government to transmit a copy of the draft amendments without delay so that it may examine their conformity with freedom of association principles.
3. 1099. The Committee also 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.