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Abuzar Nasrollahi

1- The legal concept of a worker is fundamentally different from what we have in mind. In our thoughts, a worker is the same as a laborer who, in the early 14th century, was introduced in Iranian political literature and until the 1957 revolution, was used by leftists and even in the Islamic spectrum, such as the late Shariati, and became a key symbol for expressing opposition to the ruling authority, which they saw as a symbol of bourgeoisie. In Iranian law, a worker is someone who, according to labor laws, works for a job employer in exchange for receiving wages, rights, profit shares, and other benefits. In this interpretation, although employees who are employed by the government through the employment law are excluded from the title of worker, a large group of employees, from a simple worker to the chairman of the board of a large company, are included, which the general public does not consider as workers in the middle and upper classes of these employees.

2- The first labor union in Iran was formed in 1285 in the Tehran printing house on Naser Khosrow Street. After that, various labor guilds such as teahouses, tailors, pharmacists, bakers, etc. created labor unions, which eventually led to the formation of the Central Council of Labor Unions in 1300. However, during the rule of the first Pahlavi, these unions had little room for activity and even became inactive and closed. After the rise of the second Pahlavi and the opening of the country’s political space, labor unions regained their momentum, in which the role of the Tudeh Party cannot be ignored.

3- The labor movement in Iran led to the approval of the Labor Law by the Council of Ministers in 1325. It should be noted that this resolution was prepared as a result of the Tudeh Party’s mobilization and the strike of oil workers, which was initially intended to be approved by the National Consultative Assembly. However, due to the end of the 14th Parliament and the delay in legislation from 1324 to 1326, this bill was not approved by the Parliament. Therefore, under the pressure of labor strikes, the Council of Ministers was forced to approve this bill as a resolution, which was implemented as a trial.

4- In all directions, this resolution was passed by the National Consultative Assembly in 1328 with some amendments as the Labor Law and was approved experimentally. In 1337, the National Consultative Assembly passed the new Labor Law in 69 articles and 33 notes, which was also experimental. This law, which was in effect until 1369, defined labor unions as a group that workers and employers in a profession or industry with one workshop can form to protect their professional interests and improve their material and social conditions. It should not be forgotten that in 1343, this definition underwent a brief change and was interpreted as an organization that workers in a profession or workshop, employers in a profession or industry, and also owners of independent businesses form in order to protect their professional interests and improve their economic and social conditions.

5- After the victory of the Islamic Revolution and the formation of Islamic labor councils, labor unions practically declined and many of them were forced to shut down. By the end of 1978, a total of 1216 labor and employer unions and 26 labor and employer federations were active. Although from April 1979 to March 1980, 89 unions were added to the previous ones, due to the formation of Islamic labor councils, only a few of them held elections for labor unions, and until February 1981 when the new labor law was passed and trade associations were recognized alongside the Islamic labor councils, a total of 36 employer unions and 2 labor unions were active.

6- In the regulations set forth in Chapter 6 of the Labor Law passed in 1369, the term “union” is not defined in its traditional sense, and paragraph 4 of Article 131 of this law considers workers of a unit authorized to have one of the three Islamic labor councils, trade unions, or workers’ representatives. However, workers can also form Islamic associations and housing cooperatives based on Article 131 and retirees’ associations based on Article 132, which, although not considered trade unions, we will not delve into.

7- According to Article 131 of the Labor Law, in order to protect the legitimate rights and interests and improve the economic situation of workers and employers, workers covered by the Labor Law and also employers of a specific profession can form trade unions. These trade unions can coordinate at the provincial level to form provincial trade union centers and a national trade union center for the entire country.

8- According to Article 1 of the Law on the Formation of Islamic Councils of Work, passed in 1361, in order to provide an Islamic share and cooperation in preparing programs and coordinating progress in production, industrial, agricultural, and service units, a council consisting of representatives of workers and employees elected by the general assembly (including all unit workers) and a representative of management named “Islamic Council of Work” is formed. According to Article 135 of the Labor Law, these councils can take action to coordinate the formation of Islamic Councils of Work in provinces and also the Supreme Council of Islamic Councils of Work in the whole country.

9- In units where there is no trade union or Islamic councils, worker representatives have a legal position according to the unity criterion of paragraph 2 of Article 28 of the Labor Law and intervene in cases such as termination of employment contracts.

10- Although independent labor unions should be equal to legal logic and immune from government interference, according to Article 22 of the Islamic Labor Shura Law, the Ministry of Labor has a representative in the Council for Determining Islamic Labor Deviations. Additionally, according to Article 138 of the Labor Law of the Supreme Leader, it can have a representative in any of the mentioned organizations in the Labor Law if it is deemed beneficial.