Circular on how to apply Article 27 of the Labor Law regarding the termination of the employment contract and dismissal of the worker
(Circular No. 285497 dated 12/16/1401 of the Ministry of Cooperation, Labor and Social Welfare)
Honorable general managers of cooperation, labor and social welfare of the provinces
Consultative theory number (5) of the General Department of Labor Relations and Compensation
Considering the necessity of creating unity of action among labor relations experts across the country and promoting organizational knowledge in the field of labor relations knowledge, this general administration has initiated a series of advisory opinions. It is obvious that the mentioned opinions are only advisory and addressed to labor relations experts all over the country and do not create any obligation for labor dispute resolution authorities. In this way, the fifth consultative theory on the subject of “How to apply Article 27 of the Labor Law” is sent for information and notification.
How to apply Article 27 of the Labor Law regarding the termination of the employment contract and dismissal of the worker
1- One of the conditions for the application of Article 27 of the Labor Law and the termination of the employment contract by the employer and as a result of the dismissal of the worker is to announce the positive opinion of the labor organization in the workshop. Therefore, before terminating the employment contract and firing the worker, the employer must obtain the positive opinion of the labor organization in the workshop.
If there is no labor organization (Islamic Labor Council, Labor Union, Workers’ Representative) in the workshop, based on Note 1 of the aforementioned article, it is mandatory to announce the positive opinion of the evaluation board on the termination of the labor contract by the employer and the dismissal of the worker.
Of course, according to the existing procedure, if the dismissal of the worker is without obtaining a positive opinion from the evaluation board, if the dismissed worker initiates a lawsuit in the evaluation board, the subsequent decision of the evaluation board regarding the termination of the employment contract and the permission to fire the worker will replace the initial opinion. becomes
2- If the worker is dismissed based on the disciplinary regulations of the workshop and by implementing the decision of the disciplinary committee of the workshop, the positive opinion of the labor organization of the workshop is required before the dismissal of the worker, and the mere decision of the disciplinary committee is not a license to fire the worker without obtaining the opinion of the labor organization in the workshop; Although the representative or representatives of the workers in the disciplinary committee have been elected by the existing labor organization in the workshop; Because the legal personality of the organization in the workshop is different from the legal personality of the members of the disciplinary committee, and the explicit ruling stipulated in Article 27 regarding obtaining the opinion of the labor organization in the workshop still remains in force despite the decision of the disciplinary committee to fire the worker, and as a result, We must act on the principle of “maintaining our land”.
Ahmed Gharavi
General Manager of Labor Relations and Compensation
This post is written by shadmanamini