Attention employers and workers
Consultative theory of the General Legal Department of the Judiciary regarding signature white papers
question
Respectfully summons: Employers, both in the industry and services, business and… Contracts are concluded with workers outside of the provisions of the labor law, and the parties agree on the terms of the contract, and the employer, in order to prevent the worker’s subsequent claim, forms related to labor contracts or settlements and cash receipts of funds in white. The signature is taken from the worker, and the worker, knowing and knowing that the employer intends to complete the forms based on the provisions of the labor law, signs the relevant papers and forms in white and works with the agreed conditions. book After the termination of the employment relationship, sometimes the workers complain to the employer as an abuse of the white signature. You are requested to answer: regardless of whether the contracts concluded between the worker and the employer are invalid and have no legal influence if they are in conflict with the labor law, which is one of the mandatory laws. printed and non-printed forms etc. are signed in white and personally provide the employer with the knowledge and knowledge that the employer will complete the forms in accordance with the labor law. Is the completion of the forms and the inclusion of invoices and the like on the part of the employer an instance of misdemeanor crime? The use of white signatures is the subject of Article 673 of the Islamic Penal Code of 1375, or the worker can simply follow up and prove the relevant receipts and invoices through the invalidity rights of the concluded contract.
Theory No. 7/95/3 – 1/7/1395
Advisory theory of the General Legal Department of the Judiciary
According to Article 673 of the Islamic Penal Code approved in 1375 (Penalties), anyone who abuses the white seal or white signature entrusted to him or obtained by any means, will be subject to criminal prosecution and punishment. Therefore, it can also be one of the examples of the “white signature” mentioned in the mentioned article of the contract or the settlement sheet, which is fully or partially signed and provided to the employer. has misused and included materials in it contrary to the agreement and to the detriment of the worker, if the other conditions mentioned in Article 673 of the Sadr al-Zakr Law are fulfilled, including the spiritual element of the offense, according to the law, it will be subject to criminal punishment. Subject matter will be within the jurisdiction of the investigating authority. It is obvious that the criminal prosecution of the employer will not prevent the worker from filing a lawsuit in declaring the invalidity of the “white signature” given in the competent authority.
Article 673 of the Islamic Penal Code approved in 1375: Anyone who abuses the white seal or white signature entrusted to him or obtained by any means will be sentenced to one to three years in prison.