Legal and Juridical Relations for the Investment Protection
Employment of Labor Force
According to the "Foreign Investment Promotion and Protection Act" ratified by the Islamic Consultative Assembly in 1381(2002), the situation of labor force exploitation either in foreign nationals sector or joint investment has been identified and the legislator has considered special facilities in this regard.
Yet according to the Islamic Republic Of Iran Labor Law (that has been) ratified by the Islamic Consultative Assembly before "the Foreign Investment Promoting and Protection Act ", all the production, commercial, services and investment organizations and institutions are obliged to observe all of the cases that have been presented in Articles: 120, 121,122,123,124,126,127,128,129,181 of the Islamic Republic of Iran Labor Law. Labor Law has clearly mentioned, when explaining about insurance and social security advantages, that the foreign nationals with valid working license can use profits of social security insurance similar to other insured people and if anything happens to them in their work place, they will be supported legally according to the related regulations.
In Article 127 of the Labor Law, ratification of new law for exploitation of foreign labor force has been considered. "The conditions of employment of foreign technical experts and specialists needed by the Government shall be drawn up with due regard to their nationalities, length of service, level of remuneration and the availability of domestic manpower. The said conditions shall be subject to ratification by the Islamic Consultative Assembly, following consideration and advice by the Ministry of Labor and Social Affairs and the State Organization for Administrative and Employment Affairs. In any case, a work permit for the employment of a foreign expert shall be issued by the Ministry of Labor and Social Affairs only with the approval of the Islamic Consultative Assembly ".
"In any case, a working license for the employment of a foreign expert shall be issued by the Ministry of Labor and Social Affairs only with the approval of the Islamic Consultative Assembly". According to the "Foreign Investment Promoting and Protection Act”, that was ratified later in the Islamic Consultative Assembly in 1381(2002) and also its regulations (ratified by the Council of Ministers), "The Center for Foreign Investment Services" has been formed in the Ministry of Economic Affairs and Finance to facilitate and expedite the affairs related to foreign investment. Besides dissemination of information and offering consultation required by the foreign investors, this center coordinates the affaires related to issuance of necessary licenses such as announcement of the company establishment, Environment Department license, and etc. This center also provides foreign investors with the services related to issuance of visa, residence permission, and issuance of working license.
According to the regulations of the Foreign Investment Promotion and Protection Act, ratified by the Council of Ministers “The relevant executive organizations including the Ministry of Foreign Affairs, Ministry of Interior, Ministry of Labor and Social Affairs and the Law Enforcement Force are required, at the request of Organization, to act for the issuance of visas, residence permits and issuance of work permits for foreign investor, directors, experts and their first degree relatives, in relation to the investments covered by the Act. The Ministry of Foreign Affairs is required, as the case maybe, in relation to the issuance of visas comply with the following procedure:
a.The Ministry of Foreign Affairs, upon confirmation by the Organization, shall announce to the missions of the Islamic Republic of Iran in foreign countries, the permission for issuance of multiple entry visas valid for three years and permitting stays of three months on each entry.
b.after entering the country, the recommended persons can upon confirmation by the Organization refer to the Passport and Visa Office of the Ministry of Foreign Affairs and extend their residence permit for one year. The extension of residence will take place by seal of “multiple visa valid for one year” so that the person is not required to obtain roundtrip visas.”