The Ministry of Cooperatives, Labor, and Social Welfare has issued a new directive allowing the rescheduling of the weekly holiday for certain workshops. This decision has been made to manage the energy imbalance crisis and power outages, but it has also created new legal and regulatory challenges.
Legal Challenges Arising from Holiday Rescheduling
As power outages put significant pressure on the production chain, halting production lines can lead to substantial financial losses for employers and the risk of forced unemployment for workers. However, the directive from the Ministry of Cooperatives, Labor, and Social Welfare aimed at saving production raises the question of whether workers' legal rights on Fridays can be overlooked.
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Preserving Workers' Legal Rights
Mohsen Bagheri, a member of the Supreme Labor Council, has emphasized that workers' activities on Fridays are only permitted with mutual agreement between the worker and the employer. He has warned that no agreement for work on this day should lead to the removal of workers' legal rights under the pretext of "emergency conditions." According to the law, work on Fridays requires a 40% overtime pay, and these benefits should not be disregarded due to agreements.
Additionally, this directive emphasizes that the rescheduling of the holiday is not a permanent procedure and is only valid until the end of Shahrivar. As the electricity network conditions return to normal, Friday will again be established as the official holiday for workers.
Regulatory Solutions to Protect Workers' Rights
In emergency conditions, one of the main concerns of workers is the non-payment of overtime by some employers. Bagheri has provided solutions for pursuing workers' rights, ranging from contacting labor organizations and unions to reporting to labor inspections and the possibility of confidential reporting to prevent pressure or dismissal.
Ultimately, support for employers in the context of energy imbalance must be such that workers' legal rights are not infringed. The Supreme Labor Council emphasizes that the rescheduling of holidays is a tool for managing the electricity crisis, not an excuse to eliminate the 40% overtime for Friday work.
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