Termination of service card was required to file unemployment insurance

According to the Fars news agency, citing the public relations of the Court of Administrative Justice, following a complaint from the Ministry of Cooperation, Labor and Social Welfare and a request to revoke the Ministry’s Circular No. 197487 dated 08/10/1400, which stipulated “presentation of termination of service card” or a proof of examining the status of the beneficiaries is required to file the unemployment insurance case”, this provision was not canceled in the general assembly after discussion and review.

It is stated in the said vote; Firstly, according to Article 1 of the Unemployment Insurance Law approved in 1369: “All those covered by the Social Security Law who are subject to labor and agricultural labor laws are subject to the provisions of this law” and this is based on the decision number 9709970906010248 dated 8/20/1397 of the specialized board Labor, Insurance and Social Security of the Administrative Court of Justice, the exclusion of the provisions of the Labor Law on people without a confirmed end-of-service card or a permanent exemption card, and people without an end-of-service card or a permanent exemption card are excluded from the scope of the unemployment insurance law. Secondly, based on Article 62 of the Public Service Law approved on 29/07/1363: “Employment of eligible persons is generally prohibited in ministries and government-affiliated institutions and in factories, workshops, and private institutions without permanent exemption” and performing an illegal action leading to It is not possible to create various benefits including unemployment insurance for individuals. Thirdly, Circular No. 197487 dated 08/10/1400 of the Ministry of Cooperation, Labor and Social Welfare supervises the beneficiaries and in this respect does not conflict with Article 80 of the Labor Law of the Islamic Republic of Iran and the basis for this is that persons between 15 and 18 years of age, although the period They have not completed the military service, but they are not considered among the eligible ones either. Fourthly, based on the decision number 1932 dated 10/18/1397 of the General Board of the Administrative Court of Justice, it has been announced that the provisions of Circular No. 231777 dated 12/01/1394 of the Directorate General of Employment Support and Unemployment Insurance of the Ministry of Cooperation, Labor and Social Welfare (which are similar to the circular in the objection was in this case), it is in accordance with the law and cannot be revoked in terms of its content and nature, but according to the decision No. 538 dated 08/18/1395, each of the ministers within the limits of their duties and the approvals of the ministers has the right to establish the charter. and issued the letter of pardon, as a result of the ruling to cancel the letter of pardon number 231777 dated 01/12/2014 of the Ministry of Cooperation, Labor and Social Welfare due to its non-issuance by the competent authority, considering that the circular contested in the present case The approval of the Minister of Cooperation, Labor and Social Welfare has been received, this problem has also been resolved.

Based on the above, Circular No. 197487 dated 08/10/1400 of the Ministry of Cooperatives, Labor and Social Welfare, according to which it is stipulated: “… it is mandatory to provide proof of the status of the beneficiaries in order to file the unemployment insurance case”. It is not against the law and beyond the limits of authority and it was not revoked.

Therefore, if the above-mentioned provision is not revoked, it is mandatory to submit a termination card or a document that specifies the status of the beneficiaries in order to file an unemployment insurance case.

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