The joint guidelines of the Ministry of Labor and the Social Security Organization were compiled
to deal with disputes between the worker and the employer regarding the inclusion of insurance records;
According to the report of the financial news, quoting from the public relations of the Social Security Organization, this policy was issued in a meeting attended by Hasan Zainali Nejad, Judicial Deputy for Labor and Social Security of the Court of Administrative Justice, and signed by Ali Hassan Raitifard, Deputy Labor Relations of the Ministry of Cooperatives, Labor and Social Welfare, and Gholam Hossein Sotoudekho, Deputy Social security insurance has arrived.
According to Article 148 of the Labor Law, “Employers of workshops covered by this law are obliged to insure their unit workers based on the Social Security Law.” Based on this, in addition to the solutions provided in the social security law, some disputes between the worker and the employer regarding the implementation of this employer’s obligation are dealt with in the dispute resolution authorities of labor departments, and one of the main issues of complaints against the institutions involved in this field is in the Court of Justice. Administrative is related to the handling of these disputes as well as the way of issuing and implementing the decisions of the dispute detection and resolution boards.
According to the provisions of labor and social security laws and this code of practice, in dispute resolution authorities, workers’ claims regarding insurance records; Only during the period when the alleged workshop was subject to the labor and social security law, it will be considered and the criteria for issuing a decision, and in the case of family workshops with a first-degree relative relationship, subject to the country’s employment law, subject to special insurance regulations such as construction workers, drivers, jobs Azad and the like and workshops that are excluded from the scope of the labor law based on specific laws and regulations, the application of Article 148 of the labor law will not be relevant.
According to this code of conduct, the branches of the social security organization are obliged to introduce their representative as an informed expert to attend the hearings of claims under Article 148 of the law, and the aforementioned experts will participate in all the hearings of these claims with the necessary documents.
Also, since the decisions to resolve disputes regarding the payment of insurance premiums, modification of job titles and worker’s wages are implemented by the social security organization, in this policy, a copy of the petition submitted together with all the documents and documents related to the claims, along with the invitation The meeting of the General Departments of the Social Security Organization has been emphasized.