Monday 17 December 2018

Offences and Penalties

Offences and Penalties


Article 181:

Any employer who employs a foreign citizen lacking a work permit, or carrying an expired work permit, and / or employs a foreign citizen to a work other than specified in his/her work permit, or fails to report the disruption of the employment relationship of a foreign citizen to the Ministry of labor and Social Affairs may be subjected

to a term of imprisonment ranging from 91 to 180 days, taking into account his/her circumstances and the degree of the offence.

 

The Executive Regulations of

Article 129 of the Labor Law

of the Islamic Republic of Iran



A.              Manners of Issuance, Extension, Renewal and Cancellation of Foreign Citizens’ Work Permits

Article1:

The work permit of foreign citizens whose work visas have been approved by the Technical Board for Employment of Foreign Citizens mentioned in Article 121 of the Labor Law will be issued by the “Department for Employment of Expatriates” of the Ministry of Labor and Social Affairs. 

Note1:                                        

The issuance of work visa for foreign citizens mentioned in the Article 122 of the Islamic Republic of Iran’s Labor Law is not included in this article and the Ministry of Labor and Social Affairs is authorized to take direct measures in necessary cases

 

Note2:

 

The Ministry of Labor and Social Affairs is allowed to, in exceptional cases of article 126 of the Islamic Republic of Iran’s Labor Law, issue a 3 months temporary work permit without observing the formalities related to issuance of work visa but observing other related regulations. The extension of the work permit of such individuals would be permitted following the confirmation of the technical board for employment of foreign citizens.

Article2:

Employers who use the foreign citizens’ services are obliged to present the required documents for the issuance of work permit for the mentioned citizens to the related departments of Ministry of Labor and Social Affairs within one month of the citizens’ arrival to the country. Otherwise, the Ministry of Labor and Social Affairs would declare the issue to the judicial authorities according to the article 181 of the Labor Law.

 

 

Article3:

Work permit for foreign technical experts and specialists needed by the government will be issued in any case by the Department of Employment of expatriates after the approval of the Technical Board for Employment of Foreign Citizens and the ratification of the Islamic Consultative Assembly.

 

 

NOTE:

The conditions of employment of foreign technical experts and specialists needed by the Government and the permission to issue the work permit shall be subject to ratification by the Islamic Consultative Assembly following advice by the Ministry of Labor and Social Affairs and the State Organization for Administrative and Employment Affairs.

Article4:

Employers who use the foreign citizens’ services, if interested in extension of the foreign experts’ work permit employed in their organizations, are obliged to send the required documents along with the report of training operations to the relevant departments of Ministry of Labor and Social Affairs within at least one month prior to expiry of their work permits.

 

 

Article5:

The Ministry of Labor and Social Affairs can extend the work permit of those foreign citizens mentioned in the Article 3 of this regulation.

Note:

Any increase in the projects’ foreign manpower, or changes made in the kind of specializations approved previously, should be discussed again in the Technical Board for Employment of Foreign Citizens.

Article6:

All the work permit extension applications for foreign citizens employed in the private sector, in each turn of extension, would be mentioned and decided upon in the Technical Board for Employment of Foreign Nationals.

 

 

Article7:

Foreign citizens possessing valid work permits whose recruitment contracts with their employers are terminated due to any reason in conditions of change of the employer would be subjected to the renewal of the work permit.

Article8:

The foreign citizens’ work permit in cases of change of the employer or the kind of employment, with the exception of foreign citizens mentioned in Article 122 of the Labor Law, would be renewed following the Technical Board for Employment of Foreign Nationals’ agreement, by the relevant departments of the Ministry of Labor and Social Affairs.

 

Article9:

In cases when the employment relation of the foreign citizen is disrupted with the employer, the latter is obligated to inform the relevant departments of the Ministry of Labor and Social Affairs within 15 days for the cancellation and filing of foreign citizen’s work permit.

The violators of this article would be subjected to the fines and penalties mentioned in article 181 of Labor Law.

 

 

Note:

The replacement of the foreign citizen whose work permit has been cancelled is subject to the process of issuance of a new work permit in any case.

Article10:

The Ministry of Labor and Social Affairs is authorized to cancel the work permit of those foreign citizens who do not observe the Islamic rules, the country’s current laws and regulations, and the standard labor relations, on the basis of reports and declarations received from the related departments.

Note1:

After the cancellation of work permit, The Ministry of Labor and social Affairs, may request the relevant authorities to expel the foreign citizens from if necessary.

 

Note2:

The Ministry of Labor and social Affairs can, in necessary cases, request the competent authorities to prohibit the entrance of those foreign citizens to the country, who haven’t observed the points mentioned in this article and have offended more than twice.

 

 

Article11:

The executive procedures and necessary documents for issuance of work visa and also for the issuance, extension, and renewal of foreign citizens’ work permits would be according to the directions which will be proposed by the Department for Employment of Expatriates and ratified by the Minister of Labor and Social Affairs.