How much do you know about the importance of data protection and employee dismissal in Iran? Read this article to find out more about this subject.
Dismissal of an employee is a decision which is made by an employer for a variety of reasons. Dismissal is such a punishment tool for employers which provides no gratuity for employees in most occasions. However, the termination refers to end of the relationship between the employer and employee due to employment contract. Termination could also be on the employee’s part.
Employee dismissal in Iran
Dismissal of employees in Iran could be done upon approval of the Islamic Labor Council or the Labor Discretionary Board (International Labor Organization). The employers should provide a prior notice of the employees’ violations (Ibid). If the board is not convinced about justification of the employee’s dismissal, the employer should reinstate the employee (Ibid).
Also, according to Iran’s Labor Employment Law, the termination could be handled under the following conditions (Ibid):
- Death of employee;
- Retirement of employee;
- Total disability of employee;
- Expiration of the employment contract;
- The end of work in task specific contracts; and
- Resignation of the employee.
Furthermore, one of the main problems which could be occurred in dismissal and termination is the lack of data protection, such as the employee’s personal information. These data could include recruitment information, employment records and worker’s bio data such as address, credit card number, bank statements, criminal records, etc.
Data protection is very important as most countries regulate the processing of it.
For instance, the Organization for Economic Cooperation and Development (OECD) issued seven principles for the protection of personal data, which are:
- Notice: data subjects should be given notice when their data is being collected;
- Purpose: data should only be used for the purpose stated and not for any other purposes;
- Consent: data should not be disclosed without the subject’s consent;
- Security: collected data should be kept secure from any potential abuses;
- Disclosure: data subjects should be informed to the person collecting their data;
- Access: data subjects should be allowed to access their data and make corrections to any inaccurate data; and
- Accountability: data subjects should have a method available to them to hold the data collectors accountable for not following the above principles.
Indeed, data protection regulates the way which information about the subject could be collected, handled and used. Moreover, it regulates how and who can access the information.
As it was discussed above, most countries regulate data protection especially in case of employment, but there is no similar laws in Iran. However, according to Iran’s Labor Employment Law, employees have to be sensitive about their employers’ information (International Labor Organization). This leads to conditions, conversely.
Doing business in Iran requires to know its code of business conduct. As an employer you have to set your data protection policies and inform your employees while they were joined. Recruitment and selection, employment records, monitoring at work and information about workers’ health are the stages which should be covered by your data protection policies.
This would provide the following advantages for your business:
- Providing clarifications for employees,
- Reducing risks and bad publicity,
- Improving business processes,
- Providing security for employees.
All in all, dismissal and termination in Iran requires more attention to regulations. They have more difficulties in comparison to recruiting. Data protection is also one of the main issues which should be considered by employers especially in Iran.
In this regard, let us provide the below advice:
- Employee’s exit management should be considered to terminate employees in a professional manner.
- You have to select an HR adviser in Iran who can help you expand your business without being concerned about employment issues.
- Study Iran’s Labor Employment Law and its domains.
- Understanding the code of business conduct in Iran is very important.
- As an employer you are responsible about data protection in your business. You have to ensure your employees’ personal details are respected even while they were dismissed or terminated.
- International Labor Organization,. ‘Islamic Republic Of Iran, Labor Code’. N.p., 1990. Web. 30 Oct. 2015.
- Organization for Economic Co-operation and Development,. ‘OECD Guidelines on the Protection of Privacy and Trans border Flows of Personal Data’. N.p., 1980. Web. 30 Oct. 2015.
Published @ Techrasa