Dismissal of an employee due to the lack of good performance or ethical issues

 

Dismissal of an employee due to the lack of good performance or ethical issues according to the Iranian law

• Dismissal of an employee due to the lack of good performance or ethical issues according to the Iranian law
  • Article 27 of the ILL:
  • The Instruction No. 25138 of the Ministry of Labor and Social Affairs (the “Instruction”)
  • DISMISSAL OF AN EMPLOYEE FOR THE LACK OF APPROPRIAT PERFORMANCE OR BEHAVIOR
    • Dismissal of an employee by virtue of Article 27 of the ILL
    • The probable risk of unlawful dismissal for the employer
    • Replacement of the ex-employee after dismissal

 

The present article has been prepared by Iran best Lawyer in order to provide you with our analysis on the Iranian employment agreements in light of dismissal of an employee because of his poor performance and behavior in accordance to the Iranian laws and regulations.

 

Summary:

In the event of the unlawful disobedience by the employee from the rightful instructions of the employer, such as unjustified absence at the workplace, regular delay or etc. the employer may enjoy from the application of the provisions of Article 27 of the Iran Labor Law (the “ILL”) as well as the Instruction No. 25138 of the Ministry of Labor and Social Affairs.

 

In the event that the employer cannot provide the labor court with the adequate evidences supporting the eligibility of the dismissal, the court may rule on “return to work” in favor of the employee. Moreover, the financial rights of the employee, for the duration of the unlawful dismissal, should be reimbursed by the employer.

 

Article 27 of the ILL:

According to Article 27 of the ILL, the following conditions, in the collective manner, should be met to ensure that the dismissal of an employee is lawful:

 

1. The employee neglects to perform his obligations based on the employment agreement and/or breach the disciplinary code of the workplace;
2. The employer notifies the employee from his poor performance or behavior via the written notices (the number of the required notices has not defined by the law, however, in practice, at least three notices are required to convince the court that the employee was already aware of the non-satisfaction of the employer prior to the date of dismissal).
3. Obtainment of the assenting opinion of the Islamic labor Council of the workplace or the representative of the employees in the workplace. According to Note 1 of the aforesaid article, in the absence of the organs named in this paragraph, the labor court of first Instance may finally decide regarding the legal status of the dismissal. Therefore, the existence of the above-mentioned organs is not necessary for fulfillment of the legitimate dismissal. (In practice, the prior approval of the labor court has not been achieved for dismissal and the case merely referred to the court after dismissal through a complaint from the ex-employee).
4. Upon dismissal, the severance fees of the ex-employee amounting to one month of his current salary per each year of his seniority, shall be paid to him by the employer.

 

 

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 Dismissal of an employee due to the lack of good performance or ethical issues