Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106) - Iran (Islamic Republic of) (RATIFICATION: 1968)

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Article 11 of the Convention. List of permanent and temporary exemptions. The Committee requests the Government to refer to the comments made under Articles 4 and 6 of the Weekly Rest (Industry) Convention, 1921 (No. 14).

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The Committee requests the Government to refer to the comments made concerning the application of the Weekly Rest (Industry) Convention, 1921 (No. 14).

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Articles 6–8 of the Convention. Weekly rest entitlement and exemptions. The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its direct request made under the Weekly Rest (Industry) Convention, 1921 (No. 14).

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The Committee requests the Government to refer to the comments made under Convention No. 14.

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Part IV of the report form. Judicial decisions. The Committee notes that the courts of law have not given any decisions involving questions of principle relating to the application of the Convention.

Part V of the report form. Practical application. The Government’s report does not reply to the Committee’s direct request on this point. The Committee again requests the Government to provide information on the manner in which the Convention is applied in practice, for example by providing copies of reports of the inspection services and statistics on the number of workers covered by the Labour Code, and on the number and nature of the contraventions reported with respect to weekly rest.

Part VI of the report form. Communication to organizations of employers and workers. The Committee notes that the Government has sent a copy of its report to the representative organizations of employers and workers.

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The Government’s report does not respond to paragraphs 2 and 3 of the Committee’s previous direct request. The Committee hopes that the next report will include full information on the matters raised under these paragraphs, which read as follows:

Parts IV and V of the report form. The Committee asks the Government to provide information and statistics on the practical application of the Convention, in accordance with these parts of the questionnaire.

Part VI of the report form. The Committee requests the Government to supply information on whether a copy of the present report has been communicated to the representative organizations of employers and workers.

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The Committee notes the Government’s report.

Article 3(2) of the Convention. The Committee notes with satisfaction the declaration of the Government from 1994 in accordance with Article 3(2) of the Convention.

Parts IV and V of the report form. The Committee asks the Government to provide information and statistics on the practical application of the Convention in accordance with these Parts of the questionnaire.

Part VI of the report form. The Committee requests the Government to supply information requested, whether a copy of the present report has been communicated to the representative organisations of employers and workers.

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Further to its observation, the Committee notes that section 1 of the Labour Code of 1990 makes the weekly rest provisions in section 62 applicable to all employers, workers, workplaces and establishments. The Committee wonders whether the Government might in conformity with Article 3, paragraph 2, consider communicating to the Director-General of the International Labour Office a declaration accepting the obligations of the Convention in respect of establishments set out in Article 3, paragraph 1, that is:

(a) establishments, institutions and administrative services providing personal services;

(b) post and telecommunications services;

(c) newspaper undertakings; and

(d) theatres and places of public entertainment.

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Article 8, paragraph 3, of the Convention. Further to its previous comments, the Committee notes with satisfaction that the 1990 Labour Code provides in section 62 for a day of weekly rest for all workers, including those who exceptionally work on the usual day of rest.

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Article 8, paragraph 3, of the Convention. In its previous comments, the Committee noted that section 14 (note in fine) of the Labour Act of 1955 is not in conformity with this provision of the Convention which requires that, in the event of work on the weekly rest day, a compensatory uninterrupted period of leave of 24 hours be granted to the worker in question, irrespective of any compensatory payment.

In reply, the Government states that section 62 of the new Labour Code provides that it is compulsory to grant one day of rest in the week. The Committee notes this information with interest and requests the Government to indicate whether the new Code has come into force.