According to Ilna’s reporter, does not having a labor contract benefit the workers or harm them? According to Note 2 of Article 7 of the Labor Law, “in works whose nature is continuous, if a period of time is not mentioned in the contract, the contract is considered permanent”. Having said that, if a worker works in a work of a continuous nature but does not have a contract with the employer, or the employer does not renew the contract but the worker continues to work, the worker can change his contract from temporary to permanent after a period of time in dispute resolution authorities. Permanently file a petition.
For this, the worker must be able to prove his labor relationship with the employer, which is possible to prove by presenting documents that are usually not very difficult to collect.
According to Article 2 of the Labor Law, “a worker is a person who works in any capacity in return for receiving remuneration, including wages, salaries, profit share and other benefits at the request of the employer”. So, to prove this relationship, you can use documents such as the salary list of the workshop, pay slip or receipt, bank check or account opening card in a bank, bank certificate that the salary has been deposited in a certain period of time by the employer (real or legal), card Attendance and absence or entry and exit or registers of attendance and absence of workers in the workshop, as well as leave request letters and employer’s agreement, worker’s representation letters from the company and documents of this type were used.
Also, the worker can request a local investigation from the hearing authority. In these cases, the inspector usually submits a report by visiting the workplace and conducting research.
In general, the labor law recognizes oral contracts; According to this article, “a labor contract is a written or oral contract by which the worker performs work for the employer for a temporary or non-temporary period in exchange for remuneration”. So, if the worker can prove his claim in the dispute resolution boards, he can benefit from all the benefits in the labor law, and because oral contracts are considered permanent, he is considered a permanent worker and the employer does not have the right to fire him. Join us: @Madeh_33
This post is written by rezapayam