The main article regarding to foreign citizen employment have been mentioned in the third title of the fifth chapter of labor code (articles from 120-129).
Article 120: Foreign citizen shall not be employed to work in Iran unless they have an entry visa entitling them to specified work and have obtained a work permit in accordance with the relevant statutory regulations.
Article 121: The Ministry of Cooperatives, Labor and Social Welfare shall issue a visa authorizing the bearer to work, together with a work permit provided that:
(a) According to the information available to the Ministry of Cooperatives, Labor and Social Welfare, there are no qualified Iranian applicant with similar education and specialization who are ready to perform the work in question;
(b) The foreign citizen possesses sufficient knowledge and expertise for the job in question;
(c) The expertise of the foreign citizen is further used to train Iranians with a view to the subsequent substitution of the foreign citizen by a trained Iranian.
The Technical Board for Employment of the province shall decide whether the conditions specified in this section are fulfilled.
Article 124: In accordance with the provisions of this Code, a work permit shall be issued, extended or renewed for a maximum period of one year.
Article 125: Where, whatever the circumstances, an employment relationship between a foreign citizen and an employer is terminated, the employer shall notify the Ministry of Cooperatives, Labor and Social Welfare thereof within 15 days. The foreign citizen shall surrender his work permit to the said Ministry against a receipt within 15 days. If necessary, the Ministry shall request the appropriate authorities to expel the foreign citizen from the country.
Article 128: Prior to signing any contract likely to entail the employment of foreign experts, an employer shall inquire the opinion of the Ministry of Cooperatives, Labor and Social Welfare about the possibility for authorizing the employment of foreign citizen.
The procedures for issuing, extending, renewing and canceling work permits of foreign citizen are carried out in reference to implementing regulations of article 129 of the Labor code of Islamic Republic of Iran. Those employers who benefit foreign citizens service are authorized to give (deliver) their all necessary documents for work permit issuance to the related departments of the Ministry of Cooperatives, Labor and Social Welfare in one month from the foreign citizens entrance to Iran. In other case the Ministry of Cooperatives, Labor and Social Welfare will announce the case to the judicial references based upon article 181 of the Labor Code.
Those employers who benefit foreign citizens service, if wanted to extend work permits of foreign experts employed in their enterprises are obliged to deliver all necessary documents for extension of their work permit together with their training program performance report one month before expiry date of their work permit to the General Office of Cooperatives, Labor and Social Welfare.
Work permit of those foreign citizens whose employment relation and the employer were stopped for any reason, in case of changing the employer will be renewed.
Permit work of those foreign citizen whose employer or work-type were changed, will be renewed after the agreement of foreign citizen employment technical board and by the General Office of Cooperatives, Labor and Social Welfare of the province.
Article 10 of Implementing Regulations of article 129
Article 10 of the executive regulations of Article 129 the Labor Code:
The Ministry of Cooperatives, Labor and Social Welfare can cancel work permit of those foreign citizen who do not obey Islamic principles, current regulations and rules of Islamic Republic of Iran and human standards at work relations based on the record released by the authorized authorities and after retaking the foreigner work permit, will request the related authorities to dismiss the foreign citizen.
Very important notifications:
• All foreign investors shall register in www.investin-ea.ir
• By virtue paragraph (d) of Article 28 of the Fifth Development Plan about insurance requirements for foreign nationals, applicants can register through www.hayateamn.ir
• Applicants can visit www.mcls.gov.ir (Employment of Foreign Nationals Administration) for obtaining information and ease of access to relevant forms.
• Companies in project sector shall give a copy of the organizational chart of their foreign staff with a copy of the concluded contract translated in Persian including subject, start and end date, contract sum, training programs, determined percentage of foreign and local labor forces and signature of the contract parties.
• A visa specifically entitling the foreign citizen to work is valid for 3 months of its announcement in the meeting, and after passing the determined date without any action the issue shall be propose and decided by the foreign citizen employment technical board.
• To cancel the visa, the employer shall give a written application enclosed with the origin of the work permit and tax clearance.
• For athletes giving the contract and approval of the National Olympic committee is obligatory.
• Validity of an entry visa with work permit issued by the Police of Power is one month and the holder shall take necessary actions for taking work license immediately after his/her visa entry was changed to entry visa with work permit.
• All academic and or experimental documents of the foreigner should be translated by the official translator of the justice and confirmed by the Ministry of Foreign Affairs and the agency of the Ministry Foreign Affairs in Tabriz (all foreign citizens who apply for a work permit with more than 3 months).
• Issuing license for foreign citizen who have higher education and are married is in prior.
• At the beginning, foreign investors shall give confirmation certificate of Investment Services Center of province, and then they shall give the original investment license issued by the Ministry of Economic and Financial Affairs.
• In accordance to “Para A” of article 121 of the Labor Code, the General Office of Cooperatives, Labor and Social Welfare is not allowed to issue work permit applied by the employers for employees who are employed as cooker, interpreter, guardian, un-skilled labor force, driver and etc.
Article 181: Any employer who employs a foreign citizen without a work permit, or whose work permit has expired, or who employs a foreign citizen for work other than that specified in his work permit, or who fails to report the discontinuation of the employment relationship of a foreign citizen to the Ministry of Cooperatives, Labor and Social Welfare shall, with due regard to his situation and means and to the degree of the offense, be subject to a term of imprisonment ranging from 91 to 181 days.
Based on the “Para C” of article 11 of adjustment some parts of financial regulations of the government approved in 2001, in order to prevent presence of non-allowed foreign labor forces in county, the Ministry of Cooperatives, Labor and Social Welfare is authorized to penalty any employee who employs foreign labor forces without work permit equal to fivefold of the lower wage of an Iranian labor force for every day of non-allowed employment.
In case of repetition, the penalty will be doubled. If the employers do not obey to pay the fine, the case will be reported to the judicial references.
Completion guidance and necessary documents for issuing entry visa with work permit and issuing, extending of work license:
A- Issuing entry visa with work permit:
1- Written application of the employer for issuing work permit for intended foreigner with authorized signature and sealing.
2- Filling questionnaire form of the regarding employers in 2 copies.
3- Filling employment application questionnaire form in 3 copies specific for foreign citizens.
4- Filling personal data forms in 3 copies.
5- A copy of the gazette of registration announcement and its changes (Those companies which have not any record in the general office of Cooperatives, Labor and Social Welfare, shall enclose the latest gazette of changes).
6- A copy of marriage license issued by the Ministry of Interior Affairs or one of the Governor General offices in all over of Iran, marriage document and the origin of the birth certificate for observing for all foreigners who has an Iranian spouse.
7- Filling the employer’s commitment questionnaire form in 2 copies.
8- The origin and copy of the activity license enclosed with the articles of association of the company in two copies.
9- The origin and copy of all pages of the passport of the foreigner.
10- 2 pieces of 3*4 photos, for Ladies with Islamic hijab.
11- In case of having foreign investor, taking a license from Foreign Investment Service Center is obligatory.
Provision 1: Those foreigners who are departed to Iran for installing and start-up of industries and private sector owned factories are support by the delivery rules of Islamic Republic of Iran, in addition to giving the above mentioned documents shall give the below mentioned documents too:
1- A copy of contract of machinery purchase.
2- A copy of customs releasing green sheet.
3- A copy of disciplinary agreement and or operation license.
B: Issuing Work Permit:
Necessary documents for applying for work permit issuance are as follows:
1- Written application of the employer for issuing work permit for intended Foreigners with his/her signature and authorized stamp.
2- Filling questionnaire of foreign citizen employment application form in 3 copies.
3- Filling personal data questionnaire form in 2 copies.
4- The original bank receipt equal to 2875000 Rials deposited to account no. 1327 of the general treasury which is payable in all branches of Melli Bank;
5- 2 Pieces of 3*4 photos endorsed with identities, for Ladies with Islamic hijab;
6- The origin of passport of the foreigner for observation or a copy of it, which has been approved by disciplinary police of the province;
7- 2 copies of needed pages of the passport
Note: Applicants who have refugee book, 3 copies of the book that is valid for at least 2 months and for applicants who have rejection card, 3 copies of the card that is valid.
8- A copy of translated academic or experimental paper of the foreigner which have been translated in the obeyed country of the foreigner and approved by the embassy of the Islamic Republic of Iran located in the aimed country (for foreign citizens who applied for a work license with more than 3months of validity).
C: Necessary documents for applying work permit extension:
1- Written application of the employer for extending the Foreigner’s work permit and his/ her reasons for the Foreigners employment continuation with authorized seal and signature and identification code of the employer;
2- Filling personal data questionnaire form in 2 copies;
3- Filling questionnaire of foreign citizen employment application form in 3 copies;
4- The original bank receipt equal to 2070000 Rials deposited to account no. 1327 of the general treasury which is payable in all branches of Melli Bank;
5- Three Pieces of photos endorsed with identities;
6- The origin of passport of the foreigner for observation or a copy of it, which has been approved by disciplinary police of the province;
7- The origin of work license;
8- Copy of the gazette (with the latest changes);
9- The origin of the birth certificate of the Iranian mate of the Foreigner for observation (for those Foreigners who have Iranian mate);
10- Explanatory record of his/her activity during last period;
11- Tax clearance receipt.
Note: Necessary documents for extending work permit shall be given to the relevant departments of the Ministry of Cooperatives, Labour and Social Welfare one month before expiry date.
Important notification:
1- Visa with work permit is valid one month after the issuance date and the foreign citizen is not allowed to leave Iran before receiving the applied work license.
2- After changing visa to visa with work permit, the applicant shall refer to the Cooperatives, Labor and Social Welfare General Directorate, before the ending one-month time, to receive employment (work) license and then refer to the immigration police while having application letter of the employer company for applying for residence license (any delay in doing these actions will cause in paying fine as non-allowed residing) and in accordance to regulations of the Cooperatives, Labor and Social Welfare General Directorate, after passing the one month date and not referring for receiving work license, visa entry with work permit will be cancelled and all cases shall be discussed and decided in the employment technical board again.
3- All employers are obliged to announce the residing address of any employed foreign citizen from the beginning time of the foreigner entrance time to the immigration police.
Rules of Foreign Citizens Management Department:
Considerable points for those employers who intend to employ foreign citizen at their factories, companies and …:
1- Before employing any foreigner at his/her factory or company, the employer shall take necessary steps for taking work license for the employee. In other case, if the inspector of the Cooperatives, labor and Social Welfare General Directorate and immigration police see any foreign employee in any factory and or company, will report both the employer and employee will be reported to the judicial references as the illegal employment (the employer will be fined and the foreign citizen will be departed to his/her own obeyed country).
2- The employer shall announce the entrance of the foreigner to his/her factory, workshop and … in 48 hours after the foreigner entrance to the immigration police (a letter issued by the company, copy and origin of the foreigner passport shall be enclosed).
3- Those companies which have foreign experts and specialists or have employed foreign citizen shall announce one of their staffs as the proxy of the company for doing and coordinating foreign employees’ affairs in the immigration police office. In this regards, the company’s managing director shall issue a limit attorney to the company’s proxy.
4- The representative of the company should be familiar with the related affairs and do all of them by himself /herself
5- All applications of companies will be put into consideration which have been signed by the managing director and were set accordance to the articles of association of the intended company.
6- The representative of the intended company shall give all needed documents such as articles of association, the announcement of the company’s registration in the gazette, announcement of the company’s registration by the general office of Documents and Estate Registration, activity license, specifications of the local and foreign staff and other complementary information about the company.
7- Representatives of the companies themselves obliged to fill all related forms in machine-typed English and Persian versions with complete contact details (phone number and the exact address of residence and work).
8- The penalty amount for every one day illegal stay is 300,000 Rials and shall be deposited to account no 2171159005004 near the Melli bank of Iran.
9- Visa extension, the issuing and renewal of residence, departure and return, final departure permits is done at the Immigration Police Department.