From the point that humans need financial security to have a life with human dignity, the issue of work and labor rights is of great importance. Labor unions can play a significant role in advocating for the rights of workers. On the other hand, paying attention to international laws, international labor rights, and comparing them with domestic labor laws can help reduce the violation of basic rights of this group in Iran. Therefore, in the following, an attempt will be made to address the issue of workers and labor unions from a legal perspective.

The rights of labor and workers are mentioned in a group of legal rights in the Universal Declaration of Human Rights, which relates to the relationship between workers and employers. These rights are realized through labor and worker laws. In other words, these rights allow workers to negotiate with their employers about their wages, benefits, and safe working conditions. Additionally, the right to form labor unions is considered the most important right for workers.

A labor union can use collective bargaining negotiations with employers or worker strikes to improve working conditions and increase wages for its members. Initially, the labor movement focused on the right to form labor unions, but over time, attention shifted to other issues.

In fact, a syndicate or trade union is an organization of workers and other laborers. It should be noted that syndicates emerged during the workers’ struggle to defend their interests and improve their economic conditions.

The concept of modern workers’ rights in the 19th century was defined after the establishment of labor unions and the industrialization process, and was considered as a fundamental human right. In fact, in 1919, the International Labour Organization was formed as part of the League of Nations to ensure workers’ rights, and later became part of the United Nations.

The United Nations has defended the rights of workers through the incorporation of several articles from the Universal Declaration of Human Rights and the International Covenant on Economic, Social, and Cultural Rights. It has also adopted articles 23 and 24, which are listed below.

Article 23:

Everyone has the right to work and is free to choose their job, and working conditions should be fair and satisfactory for the worker, and support should be provided in case of unemployment.

2- Everyone has the right to receive fair wages (equivalent to their work) without any discrimination.

3- Anyone who works must have a salary to provide for themselves and their family at a level of human dignity, even with the help of other social services and support.

4- Everyone has the right to form a labor union or join a union in order to achieve their demands.

Article 24:

Everyone has the right to work within limited working hours and to use leisure and rest, and to take advantage of the possibility of holidays with pay.

In addition to the United Nations, the International Labor Organization is also a defender of workers and their rights. This organization, in the preamble of its constitution, which is attached to the thirteenth part of the covenant and statute, states its objectives:

The main goal is to establish world peace and achieving this is possible by establishing social justice for the people. Therefore, immediate action must be taken to reform certain working conditions, such as regulating working hours and setting a maximum limit for daily and weekly work, determining wages, fighting against unemployment, providing a decent living for workers, protecting workers from common diseases or work-related illnesses, supporting children, youth, and women, providing insurance and retirement benefits, and ensuring the freedom of labor unions.

Furthermore, this organization has requested the immediate implementation of laws from committed countries, as follows:

Article 41: The esteemed parties to the agreement, considering the complete international importance given to the physical, moral, and spiritual well-being of workers, agree to establish a permanent institution that will be attached to the United Nations Society in order to ensure this goal. Although they acknowledge that for the time being, complete unity in the establishment of regulations and methods may not be possible due to differences in climate, customs, economic conditions, and industrial practices, they are confident that this should not be viewed through the lens of trade and commerce. They believe that there are existing methods and principles for regulating working conditions that all industrial centers should adhere to, to the extent that their specific qualities allow, and among these methods and principles, the following provisions are of special importance and their implementation is urgent in the view of the parties to the agreement:

The previous fundamental principle mentioned is that work should not be viewed as a commodity or a means of trade.

2- The right to assembly is for workers and employers to pursue matters that are not in violation of current laws.

3- Additional payment to workers, so that they can live in a way that is suitable for their time and place.

4- Installing the evil eye for eight hours a day or forty-eight hours a week and trying to implement this schedule wherever it is not yet common.

5- Weekly comfort at least twenty-four hours and if possible on Mondays.

6- Assigning age-appropriate tasks to children and specifying tasks for boys and girls in a way that ensures their continued education, physical development, and growth.

7- Consideration of the principle of equality in wages for a specific amount of work without discrimination between men and women.

It is necessary to establish rules in kingdoms for the issue of employment, which ensure a fair economic deal regarding all employees who reside within the laws of those kingdoms.

9- Every government must establish an inspection administration that includes a number of women, whose duty is to ensure the implementation of laws and regulations that have been put in place to protect workers.

The first labor law in Iran was approved by the National Consultative Assembly in 1325 and in 1337, with the consultation of the International Labor Organization, the new labor law was approved by the government of Manouchehr Eqbal and sent to the Assembly. This law was approved on 26 Esfand 1337 and replaced the previous law that had been approved with the efforts of labor unions and existed until 1369.

After the February 1979 revolution, reforming the labor law was one of the main demands of labor groups. However, between the years 1979 to 1980, there was practically no labor law in place.

Prohibition of unionization, strikes, demonstrations, as well as the prohibition of labor unions, are among the most significant shortcomings of workers’ and human rights in Iran.

Although the Iranian government has emphasized according to its approved laws that workers have the right to form Islamic associations in their workplaces and in industrial, agricultural, and service centers with more than 35 workers, it also takes legal and disciplinary action against these gatherings and groups.

One of the other flaws of the labor law is the approval of a clause titled “Exit of workshops with less than 10 employees”, which is completely excluded from the scope of the labor law. Another issue is that private employers sign contracts for one month or after each month, and sometimes with a non-realistic amount (minimum wage) that will be faced with the threat of dismissal if the worker does not sign it.