This is not a valid Farsi text. Please provide a valid text to be translated.
Ehsan Hosseinzadeh

According to Article 7 of the Comprehensive Law for the Protection of the Rights of Persons with Disabilities, passed in 2004, the government is obligated to allocate at least 3% of employment permits (official, contractual, labor) of public and governmental institutions, including ministries, organizations, institutions, companies, and other public and revolutionary institutions that use the public budget, to qualified individuals with disabilities. (1) In this regard, and in accordance with paragraph 2 of the same article, the National Management and Planning Organization is required to deduct 3% of annual employment permits of ministries, organizations, governmental institutions, companies, and public and revolutionary institutions and allocate them to the Welfare Organization of the country in order to hold specialized employment exams for qualified individuals with disabilities, in cooperation with the National Management and Planning Organization, and refer the accepted individuals to the relevant institution as needed.

This law was considered one of the progressive laws in support of vulnerable groups in society, but it faced many challenges in implementation. This law was derived from the laws of the United States of America, known as Affirmative Actions. These types of laws, taking into account the fact that some groups are less likely to be considered by employers due to physical weakness or physical problems, set up incentive programs or legal requirements for the employment of these groups by employers. These groups include individuals with disabilities and women due to long periods of pregnancy.

When we look at various interviews with people with disabilities or officials of executive agencies, we find out about the neglect of the 3% quota mentioned in this law. For example, Alireza Azizi, the head of the Social Commission of the Parliament, said in 1396: “Unfortunately, some ministries and organizations do not cooperate in providing services to people with disabilities and we have many criticisms about this issue. For example, a few months ago, one of the ministries held an exam but did not pay attention to the 3% employment quota for people with disabilities.” (2) Mohammad Ali Sadeghi, the head of the Welfare Department of Shahreza, also stated that the 3% employment law for people with disabilities is being neglected and not implemented. (3) Zahra Amini, the director of the Welfare Department of Markazi province, has also mentioned the non-implementation and lack of employment of 3% of people with disabilities. (4) Therefore

In the paradise of Ardibehesht this year, the legislator, after discovering the inefficiency of the law passed in 2004 regarding the rights of the disabled, took action to enact a new law called the Law for the Protection of the Rights of the Disabled. (5) According to Article 34, this law repeals the previous law; however, this repeal will only take effect after the approval and implementation of all the regulations of the new law. The fifth chapter of the new law is also dedicated to the employment and entrepreneurship of the disabled. For example, in paragraph T of Article 11, which is considered one of the positive innovations of the legislator, 30% of telephone operator positions in government agencies, state-owned companies, and public institutions have been allocated to visually impaired and low vision individuals, as well as individuals with physical and motor disabilities. Similarly, in paragraph H of the same article, 30% of administrative and typist positions in government agencies

One of the positive aspects of the new law is providing financial incentives to private sector employers for hiring people with disabilities. For example, Article 12 of this law states: “Private sector employers who hire individuals with disabilities in their businesses will be eligible to receive assistance for improving the efficiency of disabled employees during their employment, subject to the following conditions.”

1- The duration of the employment contract between the employer and the person with disabilities should be at least one year.

2- The rights and wages of individuals with disabilities in employment should be paid by the employer in accordance with the decisions of the Supreme Council of Labor and other relevant laws and regulations.

3- Other legal benefits stated in the Labor Law (workers’ welfare benefits) should be paid to employed individuals with disabilities.

According to clause 2 of this article, the term “assistance for improving the efficiency of individuals with disabilities” refers to paying a maximum of 50% of the minimum monthly salary and wages approved by the Supreme Council of Employment for employed individuals with disabilities, based on the severity of their disability (mild 30%, moderate 40%, and severe 50%), which is provided under the budget line of the organization by the laws of the annual budget. Another positive discrimination and incentive schemes that the legislator has considered to support the employment of individuals with disabilities by the private sector is exempting them from paying the employer’s share of insurance for individuals with disabilities who are hired. In addition, individuals with disabilities who are self-employed or working in home-based workshops or through vocational support centers are exempt from paying the employer’s or self-employer’s share of insurance, and this share must be provided and paid by the government.

Regarding the allocation of 3% of the employment quota for government agencies and institutions that use the public budget, the new law includes a positive change in the implementation of this law, which is that according to clause 2 of article 15 of the new law, the highest authority of executive agencies, non-governmental public institutions, municipalities, and banks are required to strictly enforce the provisions of this article. Violators will be punished with disciplinary measures of monetary fines ranging from level five to eight, as stated in article 19 of the Islamic Penal Code approved in 2013, including temporary or permanent separation from public service, demotion, deprivation of appointment to sensitive and managerial positions, or dismissal from the affiliated institution or organization.

The points mentioned were positive changes that the legislator has made in the new law and in line with improving the employment and job opportunities for people with disabilities, and in the same direction as allocating 3% of employment to them. However, as mentioned before, until there is practical action and allocation of this employment quota to people with disabilities, these laws are nothing but window dressing to show the situation of people with disabilities in Iran. In a new action, the legislator has considered the failure to allocate this quota to people with disabilities in government and public institutions as a crime, which shows the determination of the legislator to enforce this law. However, there are many laws in the Islamic Republic that are not implemented in practice. For example, many principles of the Constitution such as Article 15 or Articles 23, 24, and 27 are neglected in practice and not enforced. Therefore, simply passing such laws will not improve the situation of people with disabilities. It should also be considered whether

Footnotes:

1. Comprehensive Law for Supporting the Rights of Disabled Persons, Ministry of Cooperatives, Labor, and Social Welfare Website

2. Dealing with ministers who do not comply with the 3% employment law for people with disabilities, Tasnim, December 9, 2017.

3. The law of 3% employment for disabled individuals has been neglected in the country, IRNA, December 20, 1389.

4. Machines do not comply with the 3% employment law for people with disabilities, Fars, 13 August 2018.

5. The Law of Support for the Disabled, Official Gazette of the Islamic Republic.