伊朗关于雇佣合同的法律规定（中英文对照）

伊朗关于雇佣合同的法律规定（中英文对照）

IRAN EMPLOYMENT CONTRACT

伊朗关于雇佣合同的法律规定

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excerpt from labour law of the Islamic Republic of Iran

节选自伊朗劳动法

Labour and Social Security Institute • Tehran

劳动与社会保障研究所 • 德黑兰

原创：英文合同研究，转载请注明出处。

CHAPTER II. EMPLOYMENT CONTRACT

第二章雇佣合同

Division I. Definition of Contract Employment and the Basic Conditions Governing Its Conclusion

第一节雇佣合同的定义及其订立的基本条件

Sec. 1 The expression "employment contract" means a written or oral agreement whereby a worker undertakes, in return for remuneration, to perform work for an employer for a fixed term or an indefinite period.

第 1 条 “雇佣合同”系指一项书面或口头协议，根据该协议，劳动者承诺为获得报酬而为雇主从事有固定期限或无固定期限的工作。

Note 1 The maximum duration of a definite or fixed period in respect of types of work with an impermanent nature shall be determined by the Ministry of Labour and Social Affairs and approved by the Council of Ministers.

注 1 对于非永久性性质的工作类型，其固定期限或确定期限的最长期限应由劳动和社会事务部确定并经部长会议批准。

Note 2 Where no period is specified in a contract for work which is permanent by nature, the contract shall be deemed to be permanent.

注 2 对于性质上属于永久性的工作，若合同中未规定期限，则该合同应视为永久性合同。

Sec. 2 No stipulation in an employment contract or its subsequent revisions shall be binding if it is less favourable to the worker than the provisions of this Code.

第 2 条雇佣合同或其后续修订中的任何规定，若对劳动者不如本法典条款有利，则不具有约束力。

Sec. 3 The validity of an employment contract shall be subject to fulfilment of the following conditions at the time of its conclusion:

第 3 条雇佣合同的有效性取决于其在订立时满足以下条件：

Sec. 4 The validity of an employment contract shall be subject to fulfilment of the following conditions at the time of its conclusion:

第 4 条雇佣合同的有效性取决于其在订立时满足以下条件：

Sec. 5 The validity of an employment contract shall be subject to fulfilment of the following conditions at the time of its conclusion:

第 5 条雇佣合同的有效性取决于其在订立时满足以下条件：

(a) The subject-matter of the contract must be legitimate;

(a) 合同的标的必须合法；

(b) The subject-matter of the contract must be definite;

(b) 合同的标的必须明确；

(c) The parties should not be barred because of religion or law from taking possession of property or from performing work as specified in the contract.

Note All employment contracts are considered to be genuine unless their invalidity is proved by appropriate authorities.

注所有雇佣合同均应视为有效，除非其无效性被有关主管当局证明。

Sec. 10 In addition to the particulars in respect of both parties, an employment contract shall specify the following:

第 10 条除合同双方的相关信息外，雇佣合同应载明以下事项：

(a) The type of work, occupation, or task in which the worker will be engaged;

(a) 劳动者将从事的工作类型、职业或任务；

(b) The basic wage or salary and any supplements thereto;

(b) 基本工资或薪金及其任何补充；

(d) The place of work;

(d) 工作地点；

(e) The date of signing of the contract;

(e) 合同签署日期；

(f) The duration of the contract, if it is for a fixed term;

(f) 若为固定期限合同，合同期限；

(g) Any other matters required by custom and common practice in relation to the job and the locality concerned.

(g) 与该工作和相关地域相关的惯例和通行做法所要求的任何其他事项。

Note When an employment contract is concluded in writing, it shall be drawn up in four copies, one copy being deposited with the Labour Office, one retained by the worker, one by the employer, and one by the Islamic Labour Council. In workplaces without an Islamic Council, the fourth copy shall be given to the workers representative.

注雇佣合同以书面形式订立时，应制作一式四份，一份交存劳动局，一份由劳动者持有，一份由雇主持有，一份由伊斯兰劳工委员会持有。在没有伊斯兰委员会的职场，第四份应交予劳动者代表。

Sec. 11 The parties may agree on a probationary period by mutual consent. During this period, either party shall be entitled to terminate the employment relationship without prior notice and without being obliged to pay compensation. Should the employment relationship be terminated by the employer, the latter shall be required to pay remuneration for the whole probationary period; if the employment relationship is terminated by the worker, the latter shall be entitled only to remuneration for the period during which work was performed.

第 11 条合同双方可经相互同意约定试用期。在此期限内，任何一方均有权不经事先通知终止雇佣关系，且无义务支付补偿金。若雇佣关系由雇主终止，则雇主须支付整个试用期的报酬；若雇佣关系由劳动者终止，则该劳动者仅有权获得其实际工作期间的报酬。

Note The probationary period shall be specified in the employment contract. The maximum duration of probation shall be one month for unskilled and semi-skilled workers and three months for skilled and specialised workers.

注试用期应在雇佣合同中明确规定。非熟练工和半熟练工的试用期最长为一个月；熟练工和专业工人的试用期最长为三个月。

Sec. 12 Any legal change in the ownership of a workplace, such as a sale or transfer of any kind, a change of production, a merger with another establishment, nationalisation, death of the owner, and the like, shall not affect the contractual relationships of workers whose contracts have been finalised, and the new employer shall be substituted for the former employer in respect of the obligations and rights of the latter.

第 12 条工作场所所有权的任何合法变更，例如任何形式的出售或转让、生产变更、与另一机构合并、国有化、所有者死亡等，均不得影响已订立合同的劳动者的合同关系，新雇主应取代原雇主承担其义务并享有其权利。

Sec. 13 In contracts concluded for piece-work, it is the obligation of the employer that an undertaking be included on the part of the contractor to apply all the provisions of this Act with regard to his employees.

第 13 条在计件工作订立的合同中，雇主有义务要求承包商承诺对其雇员适用本法案的所有规定。

Note 1 Any amount due to a worker shall be considered a privileged debt, and the employer shall be required to settle any contractor’s debts to workers, in accordance with the decision of the legal authorities, out of the sums due to the contractor, including any sums deposited as a guarantee for the performance of the work.

注1 应付给劳动者的任何款项均应视为优先债权。雇主须根据司法机关的裁决，从应付给承包商的款项（包括为工程履约所存的保证金）中清偿承包商对劳动者的欠款。

Note 2 Where the employer concludes a contract in breach of the above provision or where he settles accounts before the expiry of 45 days from the date of provisional delivery, he shall be obliged to settle any debts owed by the contractor to the workers.

注2 若雇主违反上述规定签订合同，或在临时交付之日起45日期满前结算款项，则其有义务清偿承包商对劳动者的所有欠款。

Division II. Suspension of Employment Contract

第二节劳动合同中止

Sec. 14 Where, in the circumstances specified in the following sections, one of the parties temporarily ceases to fulfil his obligations, the employment contract shall be suspended and resumed after the said circumstances cease to exist, taking into account the workers’ service record (for the purposes of retirement and wage increments).

第14条出现下列条款规定情形致使一方当事人暂时无法履行义务时，劳动合同应中止；该情形消失后，合同应恢复履行，同时劳动者工龄（用于退休及工资晋级）应连续计算。

Note A worker’s period of military service (including obligatory, precautionary, or reserve duty) or voluntary participation in war shall be considered as part of his service record.

注劳动者服兵役期间（含义务役、预备役或后备役）或自愿参战期间，应计入其工龄。

Sec. 15 Where an entire workplace or part thereof must cease operating because of force majeure or the occurrence of an unforeseeable accident beyond the control of either party, and it becomes temporarily impossible for workers and their employer to fulfil their obligations, the employment contracts of the workers concerned shall be suspended. Determination of such cases shall be at the discretion of the Ministry of Labour and Social Affairs.

第15条因不可抗力或双方不可预见的意外事件导致整个或部分工作场所必须停运，且劳动者与雇主暂时无法履行义务时，相关劳动者的劳动合同应中止。此类情形的认定由劳动与社会事务部裁量决定。

Sec. 16 The employment contract of a worker who, in accordance with the provisions of this Act, qualifies for study leave or any other form of unpaid leave, shall be suspended during such leave for a period of up to two years.

第16条依据本法规定享有学习假或其他无薪休假资格的劳动者，其劳动合同在该休假期间应中止，中止期限最长两年。

Note Study leave can be extended for a further period of two years.

注学习假可申请续延两年。

Sec. 17 Where a worker is arrested and held in detention but not convicted, his employment contract shall be suspended for the duration of his detention. The worker shall resume work upon release.

第17条劳动者被逮捕羁押但未定罪时，其劳动合同在羁押期间应中止。该劳动者获释后应返岗工作。

Sec. 18 Where a worker is arrested as a result of a complaint lodged by his employer, but not found guilty by the dispute settlement board, any period of detention shall be considered part of the worker's service record, and the employer shall pay him his wage and fringe benefits for the period of detention in addition to any amount due to the worker pursuant to a judicial decision to compensate for the loss and prejudice sustained.

第18条若劳动者因雇主申诉被逮捕，但劳动争议委员会未认定其有罪，则羁押期间应计入劳动者工龄，且雇主除按司法裁决支付损害赔偿外，还须支付该劳动者羁押期间的工资及福利待遇。

Note As long as the worker's case is pending and the said authorities have made no decision in his regard, the employer shall be obliged to pay on account at least 50 per cent of the worker's monthly wage to his family in order to meet its needs.

注在案件审理期间且相关机构未作出决定前，雇主有义务按劳动者月工资的至少50%向其家属预付生活费。

Sec. 19 During a worker's period of military service, his contract of employment shall be deemed suspended, provided that he shall return to his previous job no later than two months after the termination of his military service, and that he shall be engaged in a similar job if his previous post has been cancelled.

第19条劳动者服兵役期间，其劳动合同视为中止，但该劳动者须于兵役结束后两个月内返还原岗位；若原岗位撤销，则应安排其从事同类工作。

Sec. 20 Where, in the cases provided for in sections 15, 16, 17, and 19, the employer refuses to reinstate the worker after the period of suspension, such refusal shall constitute unlawful dismissal (in the absence of a valid reason on the part of the worker), and the worker shall be entitled to apply to the Board of Inquiry within 30 days. Where the employer is unable to prove that his refusal to reinstate the worker is based on just grounds, he shall, at the discretion of the said Board, be obliged to reinstate the worker in his job and to pay him his salary or wages from the date on which he reported to the workplace. Where the employer can establish just grounds, he shall be required to pay the worker an amount equal to 45 days' wages, at his most recent rate of pay, for each year of service completed by the worker.

第20条在第15、16、17及19条规定情形下，若雇主于中止期满后拒绝恢复劳动者工作（且劳动者无正当理由），该拒绝行为构成非法解雇，劳动者有权在30日内向劳动争议委员会申请仲裁。若雇主无法证明其拒绝复工具有正当理由，经该委员会裁量，须恢复劳动者工作并支付其自到岗报到之日起的薪金。若雇主能证明存在正当理由，则须按劳动者最近工资标准，依其服务年限每年支付相当于45日工资的补偿金。

Note Where, within 30 days at the most of the termination of suspension, a worker fails, without a valid reason, to report to his employer for work, or after having referred to his employer and been denied reinstatement, he fails to apply to the Board of Inquiry, he shall be deemed to have resigned from his position, in which case the said worker shall be entitled to a length-of-service allowance equivalent to his last monthly wage for each year of service completed.

注若劳动者在中止期结束后最多30日内无正当理由未向雇主报到复工，或在申请复工遭拒后未向劳动争议委员会提出申诉，则视为其自动离职。此时该劳动者有权获得工龄津贴，标准按其最后月工资乘以服务年限计算。

Division III. Termination of Employment Contract

第三节劳动合同终止

Sec. 21 An employment contract shall be terminated by any one of the following events:

第21条出现下列任一情形时，劳动合同终止：

(a) the worker's death;

（a）劳动者死亡；

(b) the worker's retirement;

（b）劳动者退休；

（c）劳动者完全丧失劳动能力；

(d) the expiry of the period specified in an employment contract concluded for a fixed term and its non-renewal, either explicit or implicit;

（d）固定期限劳动合同期满且未明示或默示续订；

(e) the completion of work under a contract concluded for a specified assignment;

（e）以完成特定工作任务为期限的劳动合同任务完成；

(f) the worker's resignation.

（f）劳动者辞职。

Note Any worker who resigns shall be required to provide his employer with written notice of his resignation, and to continue to work for one month. If he informs his employer in writing that he has changed his mind in this regard within 15 days, his resignation shall be deemed null and void. A worker shall submit a copy of his notice of resignation and withdrawal thereof to the Islamic Council of the workplace, to the Guild Society, or to the workers' representative.

注劳动者辞职须向雇主提交书面通知，并继续工作一个月。若其在15日内书面告知雇主撤销辞职决定，则该辞职视为无效。劳动者须将辞职通知及撤销通知的副本提交至工作场所伊斯兰委员会、行业协会或劳动者代表。

Sec. 22 On termination of employment, all amounts due to a worker under his employment contract for the given employment period shall be paid to the worker in the above events, or, in the event of his death, to his heirs-at-law.

第22条劳动合同终止时，根据劳动合同应付给劳动者的该雇佣期间所有款项，应在上述情形下支付给劳动者本人；若劳动者死亡，则应支付给其法定继承人。

Note Pending the designation of heirs-at-law, the completion of administrative procedures and payment of pension by the Social Security Organisation, the latter shall arrange for the wages of the deceased to be paid on account, on the basis of his last wages, to his dependants for a period of three months.

注在法定继承人确定、社会保险组织完成行政程序并支付抚恤金之前，该组织应根据死者最后工资标准，安排向其受扶养人垫付为期三个月的工资。

Sec. 23 With regard to the rights and payment of wages or of pensions arising from death, sickness, retirement, unemployment, suspension, total or partial disability, or protective regulations and conditions pertaining thereto, workers shall be subject to the Social Security Act.

第23条关于因死亡、疾病、退休、失业、停工、全部或部分残疾而产生的工资或抚恤金权利及其支付，以及与之相关的保护性规章和条件，工人应受《社会保险法》管辖。

Sec. 24 In the event of the termination of an employment contract concluded for specified work or for a fixed term, the employer shall pay to each worker employed under such a contract for one year or more, whether continuously or periodically, an amount equal to his last monthly wage for each year of service as an employment termination allowance.

第24条如为特定工作或固定期限订立的雇佣合同终止，雇主应向根据此类合同受雇一年或以上（无论连续或间断）的每位工人，按服务年限每年支付相当于其最后月工资的金额，作为解雇补偿金。

Sec. 25 Where an employment contract is concluded for a fixed term or for specified work, neither party may unilaterally terminate the contract.

第25条凡订立固定期限或为特定工作的雇佣合同，任何一方均不得单方面终止合同。

Note The settlement of disputes arising from the type of such contracts shall be within the jurisdiction of the Board of Inquiry and the Disputes Board.

注因此类合同类型产生的争议，其解决属调查委员会及争议委员会的管辖范围。

Sec. 26 Any major changes in working conditions that are contrary to the customs and common practice of the workplace or the place of work shall enter into effect only after written notification of approval by the local Labour and Social Affairs Office. In the event of a dispute, the decision of the Disputes Board shall be final and binding.

第26条任何有悖于工作场所或工作地点惯例及普遍做法的重大工作条件变更，仅可在经当地劳动与社会事务办公室书面通知批准后方能生效。若发生争议，争议委员会的决定具有终局性及约束力。

Sec. 27 Where a worker is negligent in discharging his duties or if, after written warnings, he continues to violate the disciplinary rules of the workplace, the employer shall, provided that the Islamic Labour Council is in agreement, be entitled to pay to the worker a sum equal to his last monthly wage for each year of service as a length-of-service allowance, in addition to any deferred entitlements, and to terminate his employment contract.

第27条若工人疏于履行职责，或在收到书面警告后仍持续违反工作场所纪律规则，雇主在征得伊斯兰劳工委员会同意的前提下，有权向该工人支付一笔相当于其服务年限每年最后月工资的金额作为工龄津贴，外加任何延期应付权益，并终止其雇佣合同。

In units in which there is no Islamic Labour Council, the employer shall secure the agreement of the Guild Society. In any of the above cases, if the dispute is not settled by agreement, it shall be referred to the Board of Inquiry and, failing settlement by the said Board, the matter shall be investigated and settled by the Disputes Board.

During the period of investigation by the above-mentioned dispute-settlement authorities, the employment contract shall be suspended.

未设立伊斯兰劳工委员会的单位，雇主须取得行业公会的同意。在上述任何情况下，若争议未能通过协议解决，则应提交调查委员会；若该委员会未能解决，则应由争议委员会调查并裁决。

在上述争议解决机构调查期间，雇佣合同应暂停履行。

Note 1 In units not covered by the Islamic Labour Council Act, or where no Islamic Labour Council or Guild Society has been set up or where there is no workers' representative, the termination of an employment contract shall be subject to the agreement of the Board of Inquiry (see section 158 below).

注1 在不受《伊斯兰劳工委员会法》管辖的单位，或未设立伊斯兰劳工委员会或行业公会，或无工人代表的单位，雇佣合同的终止须经调查委员会同意（参见下文第158条）。

Note 2 Instances of negligence and default, as well as disciplinary instructions and rules to be observed at workplaces, shall be prescribed in regulations proposed by the Supreme Labour Council and approved by the Minister of Labour and Social Affairs.

注2 疏忽与失职的实例，以及工作场所须遵守的纪律指示和规则，应由最高劳工委员会拟定并经劳动与社会事务部长批准的规章予以规定。

Sec. 28 The legal representatives of workers, the members of Islamic Labour Councils, and candidates fulfilling the necessary conditions in elections of worker representatives and of members of the Islamic Labour Councils shall, prior to the notification of a final decision by the Board of Inquiry (see section 22 of the Islamic Labour Council Act) or a decision of the Disputes Board, continue their activities in the same units and shall work and discharge their assigned duties like other workers.

第28条工人的法定代表、伊斯兰劳工委员会成员，以及在工人代表和伊斯兰劳工委员会成员选举中符合必要条件的候选人，在调查委员会（参见《伊斯兰劳工委员会法》第22条）最终决定通知之前，或在争议委员会作出决定之前，应继续在原单位开展活动，并应像其他工人一样工作及履行其被指派之职责。

Note 1 Upon receiving a petition regarding a dispute between the legal representatives of workers and employers, the Board of Inquiry and the Disputes Board shall immediately investigate the matter and state their final opinion. In any event, the Disputes Board shall investigate the matter within one month of the filing of a petition.

注1 调查委员会及争议委员会在收到关于工人法定代表与雇主之间争议的申诉后，应立即调查该事项并陈述其最终意见。无论如何，争议委员会应在申诉提交后一个月内调查该事项。

Note 2 In workplaces where there is no Islamic Labour Council and in regions where no Board of Inquiry (see section 22 of the Islamic Labour Council Act) is formed or where the workplace in question is not subject to the Islamic Labour Council Act, the representatives of the workers and/or the Guild Society shall, prior to the final ruling by the Board of Inquiry (see section 22 of the Islamic Labour Council Act) and the final decision of the Disputes Board, continue their activities in the same units and discharge their assigned duties and tasks.

注2 在未设立伊斯兰劳工委员会的工作场所，以及在未组建调查委员会（参见《伊斯兰劳工委员会法》第22条）的地区，或相关工作场所不受《伊斯兰劳工委员会法》管辖的情况下，工人代表和/或行业公会代表，在调查委员会（参见《伊斯兰劳工委员会法》第22条）作出最终裁决及争议委员会作出最终决定之前，应继续在原单位开展活动，并履行其被指派之职责和任务。

Division IV. Compensation for damages and payment of employment termination allowance

第四节损害赔偿及解雇津贴的支付

Sec. 29 - If the Disputes Board determines that the employer caused the suspension of a contract by a worker, the worker shall be entitled to damages arising from such suspension, and the employer shall be obliged to reinstate the worker to his former position.

第29条 - 如争议委员会裁定雇主导致工人合同中止，则该工人应有权获得因此中止而产生的损害赔偿，且雇主有义务使该工人复职至原职位。

Sec. 30 - Where the operations of a workplace are interrupted and the workers are laid off as a result of force majeure (earthquake, flood, and the like) or of an unforeseeable event (war and the like), the employer shall, on resumption of activities of the workplace, be obliged to reinstate the workers thus laid off to their original tasks in the same reconstituted unit and in the positions created therein.

第30条 - 如因不可抗力（地震、洪水及类似事件）或不可预见事件（战争及类似事件）导致工作场所运营中断且工人被解雇，雇主应在工作场所恢复活动时，有义务使因此被解雇的工人复职至重组后的同一单位中原有岗位及其内设立的职位。

Note - With due regard to section 29 of the Constitution, the Government shall; by using public funds and resources derived from donations and contributions of the public, and by establishing an unemployment insurance fund, take action to secure the livelihood of workers laid off at the workplaces covered by section 4 of this Code, and to make arrangements for their re-employment, in compliance with section 43(2) of the Constitution.

注 - 政府应适当顾及《宪法》第29条，通过使用公共资金及源自公众捐赠和捐助的资源，并设立失业保险基金，采取行动以保障本法典第4条所涵盖工作场所中被解雇工人的生计，并依照《宪法》第43条第(2)款为其重新就业作出安排。

Sec. 31 - Where the termination of an employment contract is a result of the total disability or retirement of the worker concerned, the employer shall pay the worker an amount equivalent to 30 days' wages, at his most recent rate of pay, for each year of completed service. This amount shall be in addition to the worker's disability or retirement pension paid by the Social Security Organisation.

第31条 - 如雇佣合同终止系因相关工人完全丧失工作能力或退休所致，雇主应支付该工人相当于其最近工资标准三十日工资的金额，按每满一年服务年限计算。此金额应附加于社会保障组织支付给该工人的伤残或退休抚恤金之外。

Sec. 32 - Where the termination of an employment contract is the result of a work-related impairment of the physical or mental capabilities of the worker concerned (to be assessed by the Medical Committee of the regional Health Care Organisation on the recommendation of the Islamic Labour Council or the worker's legal representative), the employer shall pay the worker an amount equivalent to two months' wages, at his most recent rate of pay, for each year of service completed.

第32条 - 如雇佣合同终止系因相关工人身体或精神能力因工作相关原因受损所致（应由地区医疗保健组织之医疗委员会根据伊斯兰劳工委员会或该工人法定代表人的推荐进行评估），雇主应支付该工人相当于其最近工资标准两个月工资的金额，按每满一年服务年限计算。

Sec. 33 - Cases of total or partial disability or disease, arising from work or otherwise, and the extent of the employer's failure to fulfil his statutory duties resulting in the termination of the employment contract, shall be determined on the basis of criteria and standards approved by the Council of Ministers, on the recommendation of the Minister of Labour and Social Affairs.

第33条 - 因工作或其他原因引起的完全或部分丧失工作能力或疾病的情况，以及雇主未履行其法定义务导致雇佣合同终止的程度，应根据劳工和社会事务部部长推荐并经部长会议批准的标准和准则予以确定。

CHAPTER III. WORKING CONDITIONS

第三章工作条件

Division I. Remuneration

第一节报酬

Sec. 34 - All lawful income received by a worker pursuant to his employment contract, including wages or salary, family benefits, housing, food and transportation allowances, benefits in kind, production-increase bonuses, shares of annual profits and the like, shall be considered remuneration.

第34条 - 工人根据其雇佣合同获得的所有合法收入，包括工资或薪金、家庭津贴、住房、食品和交通补贴、实物福利、增产奖金、年度利润分成及类似所得，均应视为报酬。

Sec. 35 - The term "wage" includes all cash payments or non-pecuniary allowances, and/or combination thereof, that are paid to a worker in return for the performance of work.

第35条 - “工资”一词包括为换取工作履行而支付给工人的所有现金支付或非金钱津贴，和/或其组合。

Note 1 - Where a wage is based on hours of work, it is called an hourly wage; where it is based on the amount of the work done or volume produced, it is called a piece-work wage; and where it is based on the volume produced or the amount of work done during a specified period of time, it is called an hourly piece-work wage.

注1 - 工资基于工作时数计算的，称为计时工资；基于完成工作量或生产量计算的，称为计件工资；基于特定时间段内生产量或完成工作量计算的，称为计时计件工资。

Note 2 - The standards and benefits relating to hourly wage, hourly piece-work wage and piece-work wage, as well as occupations that may be covered by this section, shall be determined by recommendation of the Supreme Labour Council and approved by the Minister of Labour and Social Affairs. Maximum working time under this section shall not exceed the statutory maximum hours of work.

注2 - 与计时工资、计时计件工资和计件工资相关的标准及福利，以及本节可能涵盖的职业，应由最高劳工委员会推荐并经劳工和社会事务部部长批准后确定。本节项下的最长工作时间不得超过法定最长工作时数。

Sec. 36 - The fixed wage consists of the sum of the wage for a job and of the fixed benefits paid in relation to that job.

第36条 - 固定工资由岗位工资及与该岗位相关的固定津贴总和构成。

Note 1 - In workplaces which do not apply a job classification and assessment scheme, fixed allowances paid in relation to a job are benefits that are paid in accordance with the nature of work or work environment, as a wage adjustment for the ordinary working time, such as supplements for arduous work, benefits for supervision, job allowance, etc.

注1 - 在未实行岗位分类和评估计划的工作场所，与岗位相关的固定津贴系指根据工作性质或工作环境支付的福利，作为正常工时的工资调整，例如艰苦工作补贴、监督管理津贴、岗位津贴等。

Note 2 - In workplaces where a job classification scheme is applied, the wage for a given category and step shall constitute the basic wage.

注2 - 在实行岗位分类计划的工作场所，特定类别及等级对应的工资应构成基本工资。

Note 3 - Social benefits and incentives, such as housing, food and family allowances, production-increase bonuses and shares of annual profits are not considered part of the fixed wage and basic wage.

注3 - 社会性福利和激励，如住房、食品和家庭津贴、增产奖金及年度利润分成，不视为固定工资和基本工资的一部分。

Sec. 37 - Wages shall be paid at regular intervals, on working days, during working hours and in the currency of the country or, by mutual consent, by cheque payable at a bank, with due regard to the following conditions:

第37条 - 工资应按固定周期在工作日、工作时间内以本国货币支付，或经双方同意以银行可兑付支票支付，同时适当顾及下列条件：

(a) where wages are paid on a daily or hourly basis, by contract, or workplace practice, each payment shall be calculated and effected at the end of the day, week or fortnight according to the number of hours or days worked;

(a) 如按合同或工作场所惯例以日或小时为基础支付工资，则每次支付应根据实际工作小时数或天数在当日、当周或双周结束时计算并完成支付；

(b) where wages are paid monthly by contract, or workplace practice, payment shall take place at the end of each month. In this case the wage shall be called a salary.

(b) 如按合同或工作场所惯例按月支付工资，则支付应在每月末进行。此种情况下的工资应称为薪金。

Note - In months of 31 days, salary and allowances shall be calculated and paid to the worker on the basis of 31 days.

注 - 在三十一日的月份中，薪金及津贴应按三十一日为基础计算并支付给工人。

Sec. 38 - Equal wages shall be paid to men and women performing work of equal value in a workplace under the same conditions. Any discrimination in wage determination on the basis of age, gender, race, ethnic origin and political and religious convictions shall be prohibited.

第38条 - 在同一工作场所相同条件下从事同等价值工作的男性和女性应获得同等工资。在工资确定上基于年龄、性别、种族、民族血统以及政治和宗教信仰的任何歧视均应被禁止。

Sec. 39 The wages and benefits of workers engaged on a part-time basis or working less than the statutory hours of work shall be calculated and paid in proportion to hours of work performed:

第39条非全时工作或工作时间少于法定工时的工人的工资和福利，应依据其实际工作时间按比例计算和支付。

Sec. 40 Where part of the wage is paid in kind by mutual consent, the equivalent in cash of such payments shall be equitable and reasonable.

第40条经双方同意以实物形式支付部分工资的，该部分工资折算的现金价值应公平合理。

Sec. 41 The Supreme Labour Council shall be responsible for fixing minimum wages for the various regions of the country and/or for the various sectors of the industry every year, with regard to the following criteria:

第41条最高劳工理事会应负责每年参照下列标准，确定国家不同地区和/或不同行业部门的最低工资：

(1) The minimum wage of workers shall be fixed taking account of the rate of inflation announced by the Central Bank of the Islamic Republic of Iran;

(1) 确定工人最低工资应考虑伊朗伊斯兰共和国中央银行公布的通货膨胀率；

(2) Regardless of the physical and intellectual abilities of workers and the characteristics of the work assigned, the minimum wage shall be sufficient to meet the living expenses of a family, whose average number of members shall be specified by the appropriate authorities.

(2) 不论工人的体力和智力能力及所分派工作的特性如何，最低工资应足以满足一个家庭的生活开支，该家庭的平均成员人数由相关主管当局规定。

Note - No employer shall pay any worker a wage which is less than the most recently fixed minimum wage, for work performed during statutory hours of work. In the event of a violation of this rule, the employer must pay the difference between the wage paid and the most recent minimum wage.

注 - 任何雇主均不得向任何工人支付低于最近确定的最低工资的报酬，以支付其在法定工作时间内完成的工作。若违反本条规定，雇主必须补足已付工资与最近最低工资之间的差额。

Sec. 42 The minimum wage referred to in section 41 of this Code shall be paid exclusively in cash. Such payments in kind as may be provided for in employment contracts shall be in addition to the minimum wage.

第42条本法第42条所指的最低工资应仅以现金形式支付。雇佣合同中可能规定的实物支付应在此最低工资之外另行支付。

Sec. 43 Piece-work wage workers shall be entitled to receive wages for Fridays, official holidays and leave, calculated on the basis of the average piece-work wage they earned for their working days during their last month of work. In any event, the amount paid shall not be less than the statutory minimum wage.

第43条计件工资工人有权获得星期五、法定假日和休假期间的工资，该工资应依据其上个月工作日内所赚取的平均计件工资计算。在任何情况下，支付金额均不得低于法定最低工资。

Sec. 44 Where a worker owes money to his employer, only the amount in excess of the minimum wage may, by judicial decision, be withheld to cover his debt. In any event, such an amount shall not exceed one-quarter of the worker's total wage.

第44条工人欠雇主债务时，仅可通过司法裁决扣留其超过最低工资部分的金额以抵偿债务。在任何情况下，扣留金额均不得超过工人总工资的四分之一。

Note - Maintenance payments payable to a worker's dependants are excluded from the application of the above section and are subject to the provisions of the Civil Code.

注 - 应付给工人受抚养人的抚养费不受上述条款约束，应适用《民法典》的规定。

Sec. 45 An employer may withhold part of a worker's wage only in the following cases:

第45条雇主仅可在下列情形下扣留工人部分工资：

(a) where expressly permitted by law;

(1) 法律明确允许时；

(b) where the employer has paid the worker a sum of money as an advance;

(2) 雇主已向工人支付预付款项时；

(3) 根据适用标准，作为雇主向工人提供贷款的还款分期款；

(d) in the event of previous overpayment as the result of miscalculation;

(4) 因计算错误导致先前多付工资时；

(e) to cover the rent of organisational or communal housing (the rate for which shall be determined by mutual agreement) in an amount fixed by mutual consent, if such housing is rented;

(5) 若租赁组织或公共住房，经双方同意，为支付其租金（该租金标准应由双方协议确定）而按约定金额扣款时；

(f) to settle amounts due by the worker to the consumer cooperative society of the same workplace for purchasing household necessities.

(6) 为结清工人因购买家庭必需品而欠同一工作场所消费合作社的应付款项时。

Note - In paying back a loan under paragraph (c) above, the amount of instalments shall be fixed by mutual consent.

注 - 偿还上述第（三）项所指贷款时，分期付款金额应由双方协议确定。

Sec. 46 Any worker who, by contract or subsequent agreement, is assigned to a mission away from the workplace shall be entitled to an assignment allowance. This allowance shall not be less than the fixed daily wage or basic wage of the worker. Furthermore, the employer shall be required to provide transport or to cover travel costs.

第46条根据合同或后续协议被派往工作场所外出差的任何工人，均有权获得出差津贴。该津贴不得低于该工人的固定日工资或基本工资。此外，雇主应负责提供交通工具或承担差旅费用。

Note - The above arrangement shall apply where the worker must travel 50 kilometers or more from his principal workplace in order to discharge his duties, or where he must spend at least one night at the place of assignment.

注 - 上述规定适用于工人为履行职责必须离开其主要工作场所出行50公里或以上，或必须在出差地至少住宿一晚的情形。

Sec. 47 In order to provide an incentive to increase production, improve quality, reduce the wastage, stimulate interest, and raise the workers' income level; the parties shall conclude an agreement on the payment of a production-increase bonus in accordance with rules to be established as approved by the Minister of Labour and Social Affairs.

第47条为激励提高产量、改进质量、减少浪费、激发积极性并提高工人收入水平，双方应根据劳工和社会事务部长批准制定的规则，就支付增产奖金达成协议。

Sec. 48 In order to prevent exploitation of a person's labour, the Ministry of Labour and Social Affairs shall draw up and implement a job classification and assessment scheme by using the occupational standards and common practice of workplaces at the national level.

第48条为防止剥削个人劳动，劳工和社会事务部应利用国家层面的职业标准和工作场所惯例，制定并实施岗位分类与评估方案。

Sec. 49 In order to establish an appropriate relationship between each workplace and the labour market with respect to wages, and to clarify the description of duties and responsibilities of the various occupations at each workplace, employers subject to this Code shall draw up a job classification scheme in cooperation with the job classification committee of the workplace or other competent establishments, and shall apply such scheme, subject to the approval of the Ministry of Labour and Social Affairs.

第49条为使各工作场所的工资与劳动力市场建立适当联系，并明确各工作场所不同岗位的职责与责任描述，适用本法的雇主应与工作场所的岗位分类委员会或其他合格机构合作，制定岗位分类方案，并在获得劳工和社会事务部批准后实施该方案。

Note 1 - With regard to workplaces covered by this section, the Ministry of Labour and Social Affairs shall draw up and declare instructions and regulations for the implementation of job assessment schemes indicating the number of workers to be covered by and the date of entry into effect of such schemes.

注1 - 对于本条涵盖的工作场所，劳工和社会事务部应制定并公布实施岗位评估方案的指示和规章，说明方案涵盖的工人人数及其生效日期。

Note 2 - The competence of individuals and establishments involved in the drawing up of job classification schemes for workplaces shall be confirmed by the Ministry of Labour and Social Affairs.

注2 - 参与制定工作场所岗位分类方案的个人和机构的资格，应由劳工和社会事务部确认。

Note 3 - Disputes arising from the implementation of a job classification scheme may be referred to the Disputes Board, subject to the agreement of the Ministry of Labour and Social Affairs.

注3 - 因实施岗位分类方案而产生的争议，在征得劳工和社会事务部同意后，可提交争议委员会处理。

Sec. 50 Where an employer subject to this Code fails to implement the assessment of jobs in his workplace within the period prescribed by the Ministry of Labour and Social Affairs, the said Ministry shall entrust this task to a competent technical consulting establishment for job assessment or to such persons (as provided for in section 49, Note 2).

第50条若适用本法的雇主未能在劳工和社会事务部规定的期限内对其工作场所的岗位进行评估，该部应将此项任务委托给合格的岗位评估技术咨询机构或符合第四十九条注二规定的人员。

Note - In addition to the expenses for the task, the employer shall pay a fine equivalent to 50 per cent of the consultancy fee, to be deposited in the public income account of the public treasury. Effective on such date as may be specified by the Ministry of Labour and Social Affairs, the employer concerned shall pay the possible wage difference resulting from the implementation of the job assessment scheme.

注 - 除承担任务费用外，雇主还应支付相当于咨询费50%的罚款，该罚款应存入公共财政的公共收入账户。自劳工和社会事务部指定的日期起，相关雇主应支付因实施岗位评估方案可能产生的工资差额。