Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Forced Labour Convention, 1930 (No. 29) - Iran (Islamic Republic of) (Ratification: 1957)

Articles 1(1) and 2(1) of the Convention. Freedom to leave the service of the State. In its previous comments, the Committee referred to section 64 of the Civil Servants Code, under which the resignation of a civil servant may be rejected by the employer within one month of the filing date, though the employee has the right to appeal against rejection of the resignation. It also referred to section 65 of the Employment Regulations for State Companies, according to which the resignation is effective from the date on which the company approves it in writing and the employee is obliged to remain in his/her post until the end of the notice period and until the resignation is finally approved by the company. Since there is no provision making the resignation automatically effective upon the expiration of the term of notice, the Committee considered that it follows from the wording of section 65 that the company may in effect refuse to give its approval of the resignation. The Committee recalled that the effect of statutory provisions preventing termination of employment of indefinite duration by an employee by means of notice of reasonable length is to turn a contractual relationship based on the will of the parties into service by compulsion of law and is thus incompatible with the Convention. Considering that this was the case with regard to the abovementioned national provisions, the Committee requested the Government to take appropriate measures to bring them into conformity with the Convention.

The Government indicates in its report that, following the adoption of the Civil Services Act of 2007, the provisions of section 64 of the Civil Servants Code and those of section 65 of the Employment Regulations for State Companies are no longer in force. It indicates that, according to section 48(2) of the Civil Services Act, Government services employees may terminate their employment by resigning and their resignation is not subject to any prior conditions.

The Committee duly notes this information and requests the Government to provide a copy of the Civil Services Act of 2007. Furthermore, it would be grateful if the Government would provide a copy of the communications and replies of the administrative and legislative authorities concerning the interpretation of sections 64 of the Civil Servants Code and 65 of the Employment Regulations for State Companies, which the Government indicated were attached to its report but which have not been received by the Office.

Articles 1(1), 2(1) and 25. Trafficking in persons. The Committee notes, according to the information available on the website of the United Nations Office on Drugs and Crime in the Islamic Republic of Iran and in the report of the Special Rapporteur on violence against women, its causes and consequences, of the Commission on Human Rights (E/CN.4/2006/61/Add.3), that the Islamic Republic of Iran adopted a law in 2004 prohibiting the trafficking of persons and that the Government has taken steps to combat this phenomenon. However, the United Nations Office mentions a rise in trafficking in persons both to and from Iran, orchestrated by criminal networks, and the difficulties encountered by the judicial system in combating this phenomenon. The Special Rapporteur in turn refers to a worrying increase in the trafficking of girls and women, mostly in the eastern provinces and particularly in border towns with Pakistan and Afghanistan. The Committee would be grateful if the Government would provide, with its next report, a copy of the Act of 2004 prohibiting the trafficking of persons, as well as information on the measures taken by the Government to ensure the effective application of this Act. Please also provide information on the measures taken to raise the awareness of both the public and the judicial authorities and to prosecute those responsible for trafficking, as well as on the measures taken to assist victims. Finally, the Committee requests the Government to provide information on the number of court decisions handed down against the perpetrators of this crime and the type of penalties imposed.