Demande directe (CEACR) - adoptée 1996, publiée 85ème session CIT (1997)

The Committee has taken note of the Government's report received in 1995.

1. The Committee notes the Government's indication that protection against forced labour is guaranteed by a number of constitutional provisions as well as by the new Labour Code of 1990. The Committee notes with interest that, by virtue of section 6 of the Labour Code, under sections 43(4), 2(6) and 19, 20 and 28 of the Constitution of the Islamic Republic of Iran it is prohibited to force a person to perform work against his will or to exploit others, and that non-compliance with this provision is an offence which is subject to punishment with imprisonment for a term of 91 days to one year and to a fine of between 50 and 200 times the minimum daily wage, in addition to the payment of fair remuneration for work completed and compensation for damages.

2. The Committee notes that the Law on Islamic Penalties No. 586/1370 distinguishes between five types of penal sanctions: (1) the HADD punishment specified in the religious law; (2) retaliation; (3) compensation (diye); (4) discretionary punishment; and (5) imprisonment. By virtue of article 21 of the Law on Islamic Penalties orders for penal sanctions and conditions of imprisonment are subject to the provisions of the law on the instructions for criminal investigations and other laws and decrees on the topic.

The Committee requests the Government to supply copies of the law on the instructions for criminal investigations and the other laws and decrees governing conditions of imprisonment, in particular as regards prison labour.

3. The Committee asks the Government to provide copies of any regulations made under section 166 of the Labour Code concerning the settlement of collective labour disputes.