Faṣlnāmah-i Pizhūhish-i Huqūq-i ̒Umūmī (Nov 2013)
Legal Analysis and Quantifying Deficiencies of Decent Work in Iran
Abstract
Introduction of the notion “Decent Work” by Secretary General to International Labor Organization (ILO) in 1999, opened a new chapter in the field of labor law. A division of law subject to ongoing development and evolving dynamics, mainly as a result of ILO perseverance towards formalization of minimal oughts and basics bearing on the conception of labor law. Decent work by pursuing a combination of four strategic objectives of securing: 1- Basic rights at work including: A- Abolition of forced labor B- Freedom of labor unions and right to unionize C- Wage equality and prohibition of discrimination. D- Minimum working age and abolition of the worst forms of unlawful child labor. 2 - Employment. 3 - Social support. 4 - Social dialogue; opened a new debate as to reshape the pattern of labor law. In this article, irrespective of potential limitations, such debate is reviewed both theoretically by comparative study of relevant laws and regulations and experimentally through statistical examination by making reference in social dialogue to the figures and indexes published by ILO on the issues of failure to enroll children (aged 10-14 years) in school, low hourly wages and the such in Iran. This article concludes that deficiencies attributable to the legal regime of decent work in Iran lies mainly on two areas of basic rights at work, namely social dialogue and indeed, freedom of unionization. Furthermore , Iran sadly ranked 29 among 41 countries of which minimal statistics were available, mainly due to its "excessive working hours " and the gap between its male and female contribution in the country’s work force pattern . Since in the absence of statistical analysis, effective identification of decent work deficiencies seems somewhat impractical, constant data gathering, keeping records of relevant indicators by authorities and public access to such figures is deemed crucial.
