Effect given to the recommendations of the committee and the Governing Body - Report No 362, November 2011

Effect given to the recommendations of the Committee and the Governing Body

1. 81. The Committee last examined this case, which concerns allegations of Government interference in the elections of the Iranian Confederation of Employers’ Associations (ICEA), the subsequent dissolution of the ICEA by administrative authority and the official backing of a new and parallel employers’ confederation, the Iranian Confederation of Employers (ICE), at its March 2011 meeting [see 359th Report, paras 90–95]. On that occasion, the Committee made the following recommendations:
   • As to the employers’ general elections, […] the Committee requests the Government to keep it informed of the ICEA newly elected executive committee.
   • As to its previous recommendations of a legislative nature, the Committee takes note of the draft Bill amending the Labour Law provided by the Government and taking into account the concerns it has expressed in a case concerning similar issues [see 359th Report,
   • paras 684–705], the Committee calls on the Government to take the necessary measures to ensure that the Labour Law, as well as the Council of Ministers’ Rules and Procedures on the Organization, Functions, Scope and Liabilities of Trade Unions, will: (i) ensure protection against government interference in the exercise of freedom of association by employers; (ii) ensure the right of all workers and employers to establish more than one organization at the enterprise, sectoral and national levels, and will do so in a manner that does not prejudice the ICEA or the freedom of association rights of its members or prospective members; and (iii) ensure that employers and workers are able to freely choose the organization they wish to represent them and so that these organizations may fully exercise their right to elect their representatives freely and without interference by the public authorities.
   • The Committee recalls that the Government may avail itself of the technical assistance of the ILO in this respect and further takes note that the Government confirms its acceptance of an ILO high-level mission to the country. The Committee trusts that such a mission will be able to review all of the outstanding matters in all of the serious and urgent cases that are pending before it, as previously requested.
2. 82. In a communication dated 29 May 2011, the Government provided additional information in relation to issues pending in this case. With respect to the amendment of the labour code, the Government indicates that, since March 2011, the proposal of the Government was approved by the Islamic Consultative Assembly (Parliament) and the process of redevelopment of national labour market, rules and regulations of labour relations has been implemented within the framework of the decent work national document and in accordance to articles 25 and 73 of the Fifth Economic, Social and Cultural Development Plan. Under article 73, the Government is bound to adopt necessary legal measures to amend the Labour Code, social security law and labour relations by the end of the first year of the plan. The Government states that, in line with this objective, the new process of revising and amending the Labour Code and its executive code of procedures are under further consideration by the special working group in the Ministry of Labour and Social Affairs in collaboration with the social partners and professionals of Labour Code and economics. Additionally, the Government informs the Committee that it has amended and approved the new code of procedures for the establishment and scope of their duties and method of performance of the trade unions, which was sent to all respective bodies and social partners through Letter No. 112179, dated 16 February 2011. With respect to an ILO mission to the country, the Government indicates that the admission of the ILO mission will be possible within the framework of technical cooperation.
3. 83. With respect to the announcement of the ICEA election results and the ability of ICEA to carry out its activities without interference, the Government states that the election was held in a healthy atmosphere on November 2010 and that the related results were announced to the General Office of Workers’ and Employers’ Organizations of the Ministry of Labour and Social Affairs through Letter No. 12040-310, dated 16 February 2011. The Government further states that the confirmation of the election was announced to the General Office Public Relations, Ministry of Labour and Social Affairs to be published in the Gazette through Letter No. 117675, dated 4 March 2011. The Government indicates that it merely had an intermediary role and was a neutral observer at all stages. The Government indicated that it confirmed the legal activities of the ICEA, announced the authenticity of the election of the ICEA and presented the names of titular and substitute members of Board of Directors of the ICEA in the Gazette, hence preparing in practice all legal stages for the continuation of the legal activities of this organization. The Government finally states that it considers that all issues have been resolved and requests the Committee to close the case.
4. 84. In a communication dated 9 May 2011, the International Organisation of Employers (IOE) indicates that the Government has adopted a position of non-interference and neutrality in the exercise of freedom of association in relation to membership of the ICEA and taken the necessary measures in reregistering and re-recognizing the ICEA as the national most representative employers’ organization of the country. The IOE further indicates that the Ministry of Labour and Social Affairs issued Circular No. 122212, dated 14 March 2011 providing information on the results of the election which took place in the extraordinary setting of the ICEA General Assembly on 9 February 2011.
5. 85. The Committee welcomes the confirmation from the Government and from the IOE that the Government has adopted a position of non-interference and neutrality in relation to membership of the ICEA and that the Government has taken the necessary measures in reregistering and rerecognizing the ICEA as the national most representative employers’ organization of the country.
6. 86. With respect to the ongoing legislative revision process, the Committee notes that, since March 2011, a new process of revision and amendment of the Labour Code and its executive code of procedures are under further consideration by the special working group in the Ministry of Labour and Social Affairs in collaboration with the social partners and professionals of Labour Code and economics. The Committee trusts that the Government will take the necessary measures to ensure that the Labour Law and new code of procedures will: (i) ensure protection against government interference in the exercise of freedom of association by employers; (ii) ensure the right of all workers and employers to establish more than one organization at the enterprise, sectoral and national levels, and will do so in a manner that does not prejudice the ICEA or the freedom of association rights of its members or prospective members; and (iii) ensure that employers and workers are able to freely choose the organization they wish to represent them and so that these organizations may fully exercise their right to elect their representatives freely and without interference by the public authorities. The Committee will pursue its examination of this matter in the other cases pending against the Government of the Islamic Republic of Iran.