Report in which the committee requests to be kept informed of development - Report No 360, June 2011

Case No 2747 (Iran (Islamic Republic of)) - Complaint date: 04-DEC-09 - Closed

Allegations: The complainant organizations allege that several officers of the Haft Tapeh Sugar Cane Workers’ Union had been arrested, convicted and handed down prison sentences in connection with the organization of a strike in 2007 and the creation of a union in June 2008. The officers concerned were also dismissed from the Haft Tapeh Sugar plantation and refinery

1. 808. The complaint is contained in a communication dated 4 December 2009 from the International Trade Union Confederation (ITUC) and the International Union of Food, Agricultural, Hotel, Restaurant, Catering, Tobacco and Allied Workers’ Association (IUF).
2. 809. The Government submitted its observations in a communication dated 23 February 2011.
3. 810. The Islamic Republic of Iran has not ratified either the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), or the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. The complainants’ allegations

1. 811. By their communication dated 4 December 2009, the ITUC and the IUF presented a complaint against the Government of the Islamic Republic of Iran on behalf of the IUF affiliate, the Haft Tapeh Sugar Cane Workers’ Union. By way of background, the complainant organizations relate that the state-owned Haft Tapeh sugar plantation and refinery in the city of Shush has experienced increasing social arrest since 2007. Its workers have repeatedly had to resort to strikes and other actions to claim extensive wage arrears and protest deteriorating working conditions. In 2007, a three-week strike in September ended with the management’s promise to pay a month’s arrears, but workers were again obliged to take action in October over the same issue. The complainant organizations allege that security forces were deployed to break the strike and that many activists were arrested. Among the arrested were Ali Nejati, President; Feridoun Nikoufard, Vice-President; Mohammed Heydari Mehr, Representative for Industry Affairs; Ghorban Alipour, Secretary; Nejat Dehli, Treasurer; and Jalil Ahmadi, Member of the Board of Directors. All six were charged with threatening national security in November 2007. The complainant organizations indicate that the charges against Nejat Dehli were withdrawn and the charges against others were not pursued until the beginning of 2009. The complainants indicate that it appears that the charges had been initially shelved, but were reviewed and pursued mainly due to the low turnout at the Islamic Labour Council elections held on 24 February 2009. On 19 March 2009, all five were sentenced to one year of imprisonment. Following the appeal before Dezful court, Second Chamber, on 11 October 2009, trade union President, Ali Nejati, and the Executive Committee members Feridoun Nikoufard, Ghorban Alipour and Jalil Ahmadi were each sentenced to six months of immediate imprisonment and received six months suspended sentences over five years, during which time they are barred from union activity or holding any trade union office. Mohammed Heydari Mehr received a four-month term with eight months suspended sentence.
2. 812. The complainant organizations further allege that on 5 May 2008, thousands of workers from every department of the enterprise stopped working to protest against non-payment of wages for two months. A petition to the provincial labour department signed by thousands of workers triggered mass arrests and repeated interventions by the police, security forces and Revolutionary Guards. The strike lasted until 16 June at which time workers formed an independent trade union, elected officers and agreed to return to work for 15 days to test the management’s promise to pay three months’ unpaid wages. The complainants allege that the same five persons – Ali Nejati, Feridoun Nikoufard, Ghorban Alipour, Mohammed Heydari Mehr and Jalil Ahmadi – were arrested in December 2008 and charged with creating an illegal trade union in June 2008. The court hearing took place from 13 to 29 February 2009. Other persons were arrested during this period. On 22 February 2009, Rahim Beshag, a member of the Executive Board was arrested and on 28 February 2009, the house of Reza Rakhshan, public relations officer, was searched prior to his arrest on the same day. Reza Rakhshan was released on 6 March. Mohammed Heydari Mehr, Ghorban Alipour, Feridoun Nikoufard, and Jalil Ahmadi were arrested around 2 or 3 March 2009. Ali Nejati had to go into hiding following the raid on his house on 28 February, but was arrested on 8 March. He was held for over a month in solitary confinement in the notorious Intelligence Detention Centre in the city of Ahwaz. His wife was able to visit him briefly for the first time only on 6 April 2009. He was detained and interrogated on charges he was already heard on. Upon his release on 14 April 2009, his employment at the enterprise was terminated without compensation and since then, he was unable to obtain work anywhere in Shush or the wider area.
3. 813. On 7 April 2009, hundreds of workers of the enterprise went on strike again, among other reasons, to reclaim the two months of wages arrears and to protest against the arrest of Ali Nejati.
4. 814. The sentences in connection with the creation of the union were pronounced on 14 April 2009. All abovementioned involved trade union leaders were sentenced to a year in prison and were prohibited from engaging in trade union activities. While they were not taken in to serve the sentences, pressure was exerted on them to resign from the union.
5. 815. On 2 May 2009, the lawyer of the union, Mohammad Olyaifard, appealed against the sentences. On 25 September 2009, Mohammed Heydari Mehr, Ghorban Alipour, Feridoun Nikoufard, and Jalil Ahmadi were cleared of all charges. Ali Nejati is still awaiting the outcome of his appeal in this case. Should he be sentenced in this case, the suspension of his first sentence connected to the 2007 strikes will be revoked and he will have to serve the full sentence. The complainants also allege that Reza Rakhshan was summoned to Dezful court to answer to charges of “propaganda against the State”, “relationship with anti-government persons” and the “establishment of the union”. He is still awaiting the verdict.
6. 816. The complainants further indicate that after the verdicts issued on 11 October 2009 in the case linked to the strike actions in 2007, the employer prevented those who had been sentenced from entering the workplace and asked them to report to prison. On 5 November 2009, Feridoun Nikoufard and Jalil Ahmadi were arrested and were sent to the Dezful prison to serve their sentence. On 7 November, Mohammed Heydari Mehr and Ghorban Alipour were summoned to court, where they were arrested and brought to Dezful prison to serve their sentence. Ali Nejati was arrested on 14 November, and brought to the same prison to serve his sentence.
7. 817. On 18 November 2009, the lawyer of the union wrote on behalf of the union to the IUF and the ITUC asking for international solidarity. Shortly thereafter, he himself received a summons to court dated 17 November 2009. He is charged with “propaganda against the State”, “slandering the judiciary” and “publication of lies and agitating public opinion”. He was to appear before Branch 26, Province of Tehran Revolutionary Court on 9 December 2009.
8. 818. On 1 December 2009, all jailed officers of the union received letters informing them that their employment was terminated “for failure to report to work”.
9. 819. In view of the pattern of systematic and repeated violations of trade union rights, the complainant organizations consider that the Iranian Government should immediately act to ensure that all jailed officers of the Haft Tapeh Union are released with full restoration of their right to participate in trade union activity and that they are reinstated in their positions of employment with full compensation. They further request that the Government act to ensure that the right of all employees of the enterprise to freely join a trade union of their choice and engage in collective bargaining is fully respected by the employer in line with the principles of freedom of association.

B. The Government’s reply

1. 820. In a communication dated 23 February 2011, the Government explains by way of context to this case that the issue of a wage-setting mechanism and its implementation policies in developing countries are invariably affected by a series of parameters such as the trend and the extent of the repercussions of globalization, the access to the international market, the success in the absorption of foreign direct investment, and the degree of their vulnerability to the horrendous impacts of the financial crisis, such as skyrocketing international and national inflation. It is common knowledge that these factors have had an irrefutable role in deteriorating the labour relations environment around the globe and have literally caused a lot of social unrest and turmoil. The Government, however, mindful of the essence of social justice in implementing its macroeconomic policies, has adopted prudent preemptive and protective measures by setting viable unemployment compensation schemes for workers and helping to restructure and renovate enterprises, thus successfully curbing dire consequences of the labour crises.
2. 821. The Government reiterates its full commitment to the observance of principles of freedom of association and underscores its unfailing obligations to rescue troubled enterprises grappling with problems such as wage arrears. The Government adds that it would spare no efforts whatsoever to guarantee the sustainability of such enterprises by ensuring the amicable settlement of their prevailing labour disputes and the due remittance of wage arrears.
3. 822. According to the Government, this case may well be attributed to the faltering trade union activities characterized by faulty and feeble union training and education, as well as incoherent and inconsistent trade union orientation and organization at the workplace. Under volatile economic circumstances and production hardship, effective collective bargaining would be presumably disrupted and the climate of misunderstanding prevail, if the trade unions and the employer do not address the issue in a mutually beneficial and constructive manner. Regretfully, education to promote social dialogue, collective bargaining and dispute settlement for the Iranian workers’ and employers’ organization that undeniably could have improved the existing labour relations situation in the Islamic Republic of Iran has not been provided by the Office for almost a decade now.
4. 823. Cognizant of the essence of the ILO standards and fundamental principles and rights at work and mindful of the imperatives of the implementation of the Islamic Republic of Iran’s Decent Work Country Programme (national document), the Government has attempted to further harmonize initiatives of the different organs of state governance, namely legislative, judiciary and administrative bodies for the protection of the rights of the social partners. On that premise, the Government has further escalated its measures for the strengthening of genuine trilateral decision-making at national level, as well as the workplace level. In this case, through the promotion of altruistic social dialogue with the most representative workers’ organizations at the Haft Tapeh enterprise, the Government constructively intervened to settle the long pending labour disputes in a mutually beneficial and acceptable manner, and helped halt the lodging of complaints with the judiciary and through extensive negotiations that could encourage the judiciary to either revoke or abate the faulty workers’ verdicts.
5. 824. Within the framework of the national Decent Work Country Programme, which includes the improvement of labour relations and the amendment of the Labour Law and the Law on Social Security, the Government is determined to revisit labour relations so as to promote a coherent structure and appropriate legal procedures complying with the principles of relevant ILO Conventions adapted to the prevailing national circumstances. In particular, the Government declares its adherence to the following guidelines:
   • – creating a flexible environment to settle disputes between workers and employers by helping to streamline the interests of both sides;
   • – reinforcing unemployment insurance plan, as an integral part of social security and job security schemes for workers;
   • – strengthening tripartism;
   • – providing for conditions and imperatives of new working environment, intrinsic of the technological changes while meeting the specific requirement of production of goods and provision of services; and
   • – reinforcing workers’ and employers’ associations while ensuring the legal right of trade union protests.
6. 825. Upon founding the “High Assembly of Workers’ Representatives of the Islamic Republic of Iran” in 2009, the Nationwide Confederation of the Iranian Workers’ Unions, as the single biggest national institution of workers’ unions also took shape on 13 October 2010 with the participation of 264 workers’ unions throughout the country. The new Confederation is established in accordance with the requirements of the international labour standards and relevant national regulations. The Government hopes that the new Confederation will play a pivotal role in strengthening freedom of association and tackling workers’ various challenges such as minimum wage setting, unemployment benefits schemes, etc., on a tripartite basis.
7. 826. The Government, observant of the need for closer and constant supervision of the implementation of obligations arising from the ratified ILO Conventions, and particularly the fundamental ones, proceeded to establish a working group that is meant to provide for a wider space for streamlining the applications of ILO standards in the country. The rules of procedure of this new body were adopted by the Cabinet of Ministers on 22 October 2010. This working group is entrusted with ensuring proper coordination among various bodies of governance, identifying any legislation and/or rules and regulations contravening provisions of fundamental ILO Conventions, promoting ILO causes, and addressing any shortcomings or complaints in respect to the application of the relevant ILO standards by the social partners.
8. 827. In compliance with Article 8 of Convention No. 87 and Article 3 of Convention No. 98, and mindful of the need for making the distinction between trade union and politically driven activities, the Government has embarked on drafting an instruction for the relevant authorities to define their functions and jurisdiction in their coping with trade union protests, industrial actions, demonstrations, etc. Having extensively discussed the content and provisions of the said instruction, the Workers’ Affairs Committee of the National Security Council unanimously approved it and submitted it to the State Security Council on 15 May 2010 for final approval.
9. 828. For the purpose of reducing and amicably settling workers’ and employers’ disputes which, under the present volatile economic circumstances, is mainly the result of shortage of liquidity, employers’ accrued debts to banks and other government affiliated organizations, the Government has formed the “Committee for extending judicial support to enterprises”. Judges and penal bodies have been requested to refer the cases of troubled enterprises under their consideration to this Committee. In order to prevent closing down of the units in financial or technical troubles and to ensure their sustainability, the Government, by resorting to the Law of Renovation of Industries, provided the affected enterprises with the cash to pay the workers’ wages in arrears and to restart the discontinued productive activities. As a rule, workers’ back wages are given unconditional priority over any other debt when addressing financially troubled enterprises.
10. 829. The Haft Tapeh Sugarcane Industries Company is one of the largest industrial enterprises of the Islamic Republic of Iran. Having lost its product price competitiveness and its ever increasing overhead production costs, coupled with old technology and machinery, the company has been wrestling with a large array of fiscal problems. Wage arrears due to shortage of liquidity and accrued and accumulated debts to the banks and other organizations such as the social security organization and electrical and water utilities, etc., has further exacerbated labour relations. According to the Government, the occurrence of industrial actions and the incessant protests seem to, among other external factors, also be rooted in the improper reflection of trade union demands, the absence of a most representative workers’ organization and resort of a minor group of dissident workers to unjustified means to reach their seemingly justified cause. Apparently, the latter group had chosen to push the management for an unconditional acceptance of their requests through ways other than constructive dialogue, negotiations, mediation and dispute settlement mechanisms.
11. 830. In line with the provisions of the ILO fundamental Conventions, the Government maintains that it is imperative for the management and the Government, if necessary, to enter into negotiation with the real and genuine most representative workers’ association in any given enterprise so as to promptly and positively respond to their needs in the legal context of labour relations. This also holds true for the Haft Tapeh as the single biggest strategic sugar plant of the Islamic Republic of Iran that provides thousands of sustainable employment opportunities.
12. 831. Further to the measures taken to protect trade union rights, the Government has strived to fully exercise its constitutional responsibilities in ensuring social security and establishing at the plant peaceful labour relations. Under the volatile circumstances permeating the single biggest sugar plant in the country, the Government expected its social partners to help maintain peace in the troubled unit and demonstrate self-restraint in seeking their legitimate cause by observing the national law. A small minority of protesting dissident workers who, at the initial stages, along with other workers, embarked on legitimate industrial action in demanding their wage arrears, later deviated from the path of a genuine and legitimate trade union activity and, while having no formal workers’ representation, chose to bypass the dispute settlement mechanism provided in the legislation and ventured into a territory prone to social and political unrest.
13. 832. Realizing the gravity of workers conditions and identifying the roots of their initial protests and objections, the Government strived to help return the situation to normality by intervening to settle the then prevailing global problems of the enterprise, including its labour relations disputes and the legitimate workers’ claims to their back wages. The President of the Islamic Republic of Iran and his cabinet ministers were fully involved in the support process and spared no genuine and constructive efforts to bring the plant back to normal working condition. As a result, different production lines began their operations and workers resumed their work.
14. 833. By pursuing effective negotiations with the judicial authorities, the Ministry of Labour and Social Affairs (MLSA) succeeded in paving the grounds for the due hearing of the complaints lodged against a small number of the protesting workers mentioned in the case. Committed to safeguard the interest of the dismissed and/or detained workers, the Government actively sought the approval of the head of the judiciary to hold hearings to address the appeal of the affected workers. As a result, the court revisited the verdicts and the relevant rulings were abrogated, suspended or drastically abated. Copies of these decisions are attached to the Government’s reply. The following measures had also been taken by the Government:
    • – The MLSA intervened and urged the Minister of Intelligence to adopt a common approach for the reinstatement of the dismissed workers of the Haft Tapeh.
    • – MLSA officials conducted thorough negotiations with the enterprise’s management and required it to observe the provisions and principles reiterated in the fundamental labour Conventions and the national legislation with regards to the rights of workers to establish their associations.
    • – The MLSA incessantly kept an eye on solving the cash flow problem of the company through prioritizing the granting of necessary bank facilities for the payment of the overdue wages.
    • – The MLSA attempted to ensure the immediate reinstatement of the dismissed workers mentioned in the case. In this respect, the MLSA addressed, to the Organization for expansion and renovating of industries affiliated to the Ministry of Industries, a request to take urgent action for the reinstatement of the Haft Tapeh dismissed workers. A copy of the letter is attached to the Government’s reply.
15. 834. Thanks to the commitment of the Minister of Labour and his entrenched adherence to the fundamental principles and rights at work and the flexibility, understanding and mercy shown by the judiciary, the Government could finally secure the reinstatement of Messrs Ali Nejati, Feridoun Nikoufard, Mohammed Heydari Mehr, Ghorban Alipour and Reza Rakhshan who had been dismissed from their jobs on the grounds of continued absence. It is now decided legally and irrefutably that, immediately upon completion of the administrative process, the mentioned workers shall return to their posts in compliance with the provisions provided under the dispute settlement arrangements of the Labour Law. Furthermore, the Director of the MLSA regional office in Shush held numerous talks with the contending party so as to seek a mutually acceptable solution of the conflict and secure a speedy timetable for the reinstatement of the dismissed workers. As an impartial mediator, he had also successfully convinced both the employer and the representative of the workers’ association to resort to constructive social dialogue to solve labour disputes in the future.
16. 835. In view of the constructive and extensive measures adopted by the Government for the promotion of the fundamental principles and rights at work, the amicable settlement of the problems arising from the back wages in Haft Tapeh and the dire consequences of its heated labour disputes, the reinstatement of the dismissed workers and abrogation and abatement of the verdicts thereof, the Government deems to have fulfilled its obligations arising from Convention No. 87 and looks forward to hearing about the official closure of this case.

C. The Committee’s conclusions

1. 836. The Committee notes that in this case, the complainant organizations, the ITUC and the IUF, allege that several officers of the Haft Tapeh Sugar Cane Workers’ Union – the IUF affiliate – had been arrested, convicted and handed down prison sentences in connection with the organization of a strike in 2007 and the creation of a union in June 2008. The officers concerned were also allegedly dismissed from the Haft Tapeh Sugar plantation and refinery.
2. 837. The Committee observes that the allegations in this case refer to a situation where the workers’ attempt to create a union at the enterprise led to the union being declared illegal and its leaders heavily sanctioned. This allegation would appear to once again raise the issue of genuine representation of workers and of the illegality of the coexistence of different types of workers’ representation. The Committee notes that the Government, without explicitly mentioning the Haft Tapeh Sugar Cane Workers’ Union or responding directly to the allegation that the related sentences imposed upon its leaders were in connection with the creation of the union, refers to a minor group of dissident workers and the absence of a most representative workers’ association at the enterprise.
3. 838. The Committee notes that the Government refers to the establishment of the High Assembly of Workers’ Representatives (HAWR) in 2009, and the Nationwide Confederation of Iranian Workers’ Unions on 13 October 2010, as the single biggest national institution of workers’ unions. With regard to the latter, the Committee notes the Government’s indication that this institution was created with the participation of 264 workers’ unions throughout the country. The Committee recalls that in a recently examined case concerning the Islamic Republic of Iran, referring to article 131 of the Labour Code (considered below) it raised doubts about the nature of the Centre of Workers’ Representatives (CCR) and the HAWR as genuine workers’ organizations [see Case No. 2807, para. 701 of the 359th Report]. The Committee further observes that the Government’s reply suggests that any creation of organizations outside the existing structures remains impossible. In this respect, the Committee recalls that the principle of trade union pluralism, which the Iranian Government has been called to ensure in law and in practice on many occasions, is grounded in the right of workers to come together and form organizations of their own choosing, independently and with structures which permit their members to elect their own officers, draw up and adopt their by-laws, organize their administration and activities and formulate their programmes without interference from the public authorities and in the defence of workers’ interest.
4. 839. The Committee further recalls that it has considered the issue of organizational monopoly, as enshrined in article 131 of the Labour Law, on several occasions and concluded that the organizational monopoly required by the law appeared to be at the root of the freedom of association problems in the country [see Cases Nos 2508 and 2567]. The Committee recalls that in Case No. 2508, while the Government confirmed that the existing legal framework did not permit the existence of both an Islamic Labour Council and a union at the same enterprise, it expressed its intention to amend the Labour Law to address this issue [see 346th Report, para. 1190, Case No. 2508]. In its subsequent report, the Committee observed that the draft amendments to the Labour Laws provided within the framework of Case No. 2567, would still appear to maintain a restrictive choice between being either represented by a workers’ guild or by a workers’ delegate [see 359th Report, para. 95]. The Committee therefore expects that the Government will deploy all efforts for the rapid amendment of the labour legislation in a manner so as to bring it into full conformity with the principles of freedom of association, by ensuring that workers may freely come together without government interference, and to form organizations of their own choosing. The Committee requests the Government to indicate the measures taken or envisaged to amend article 131 of the Labour Law.
5. 840. The Committee is deeply alarmed that the exercise of the right to organize and the right to strike by workers at the state-owned Haft Tapeh sugar plantation and refinery in the city of Shush appears to have resulted in arrests, prison sentences against the accused trade union leaders and their dismissals from the enterprise. The Committee notes the Government’s indication that it actively sought the approval of the head of the judiciary for holding hearings to address the appeal of the affected workers, which as a result, led to the court revisiting the verdicts and the relevant rulings being abrogated, suspended or drastically abated. The Committee also notes the MLSA’s request addressed to the Organization for expansion and renovating of industries to take urgent action for the reinstatement of the Haft Tapeh dismissed workers. It also notes the Government’s indication that it succeeded in securing the reinstatement of Messrs Ali Nejati, Freidoun Nikoufard, Mohammed Heydari Mehr, Ghorban Alipour and Reza Rakshan. The Committee nevertheless wishes to recall that no one should be penalized for establishing or attempting to establish a trade union organization, or for carrying out or attempting to carry out a legitimate strike. The Committee recalls that while principles of freedom of association do not protect abuses consisting of criminal acts while exercising the right to strike, the authorities should not resort to arrests and imprisonment in connection with the organization of or participation in a peaceful strike; such measures entail serious risks of abuse and are a grave threat to freedom of association [see Digest of decisions and principles of the Freedom of Association Committee, paras 660, 667 and 671]. The Committee therefore requests the Government to take the necessary measures to ensure that any worker who had been imprisoned in connection with the creation of a trade union in June 2008 and organization of industrial action, is paid adequate compensation for the damages suffered. It further urges the Government to take the necessary measures to ensure that the prohibition to engage in trade union activities imposed on Ali Nejati, Feridoun Nikoufard, Ghorban Alipour, Mohammed Heydari Mehr, Jalil Ahmadi, Rahim Beshag, Reza Rakhshan and any other person is immediately lifted and that the union is allowed to function. The Committee requests the Government to indicate the steps taken in this regard.
6. 841. The Committee notes the allegation of the use of police and security forces to break workers’ strikes. In this respect, the Committee recalls that the use of police for strike-breaking purposes is an infringement of trade union rights and that the authorities should resort to calling in the police in a strike situation only if there is a genuine threat to public order. The intervention of the police should be in proportion to the threat to public order and governments should take measures to ensure that the competent authorities receive adequate instructions so as to avoid the danger of excessive violence in trying to control demonstrations that might undermine public order [see Digest, op. cit., paras 643 and 647]. The Committee requests the Government to ensure the application of this principle in the future. In this respect, the Committee refers to Case No. 2323 [see Report No. 354] wherein the Committee took note of the initiatives taken by the Government through the measures taken by the MLSA to draft and promote a code of practice on the management and control of labour-related and trade union protests and demonstrations. The Committee recalls that on that occasion, it requested the Government to inform it of the progress made concerning its finalization and adoption and to provide full particulars on the matters provided therein, including the rules and regulations and to provide copies of any written documents pertaining to measures taken to ensure that adequate instructions are given to the competent authorities so as to eliminate the use of excessive violence when controlling demonstrations. The Committee notes the Government’s indication that, mindful of the need for making the distinction between trade union and politically driven activities, it has proceeded to draft an instruction for the relevant authorities to define their functions and jurisdiction in their coping with workers’ trade union protests, industrial actions, demonstrations and the like. Having extensively discussed the content and provisions of the said instruction, the Workers’ Affairs Committee of the National Security Council unanimously approved and submitted it to the State Security Council on 15 May 2010 for final approval. The Committee requests the Government to provide a copy of the instruction on the management and control of labour-related and trade union protests and demonstrations. In this context, the Committee wishes to point out that a general prohibition on trade unions from engaging in any political activities would not only be incompatible with the principles of freedom of association, but also unrealistic in practice. Trade union organizations may wish, for example, to express publicly their opinion regarding the Government’s economic and social policy. Furthermore, while purely political strikes do not fall within the scope of the principles of freedom of association, trade unions should be able to have recourse to protest strikes, in particular where aimed at criticizing a government’s economic and social policies [see Digest, op. cit., paras 503 and 529].
7. 842. With regard to the dismissals of Messrs Ali Nejati, Feridoun Nikoufard, Ghorban Alipour, Mohammed Heydari Mehr and Jalil Ahmadi, the Committee understands that the reinstatement of the first four workers has been secured. It deeply regrets that the Government did not reply to the allegation of dismissal of Mr Jalil Ahmadi. The Committee recalls that the dismissal of workers on grounds of trade union activities violates the principles of freedom of association. It further recalls that the dismissal of workers because of a strike constitutes serious discrimination in employment on grounds of legitimate trade union activities and is contrary to Convention No. 98. When trade unionists or union leaders are dismissed for having exercised the right to strike, the Committee can only conclude that they have been punished for their trade union activities and have been discriminated against [see Digest, op. cit., paras 661 and 662]. The Committee requests the Government to confirm that the abovementioned workers, including Mr Jalil Ahmadi, have been reinstated in their posts without loss of pay and are paid compensation for the damages suffered.
8. 843. The Committee notes with concern that the complainants allege that charges of “propaganda against the State”, “relationship with anti-government persons”, “establishment of the union” were filed against Reza Rakhshan, the union’s public relations officer, and charges of “propaganda against the State”, “slandering of judiciary” and “publication of lies and agitating public opinion” were filed against Mohammad Olyaifard, the lawyer of the union. The Committee also notes that the Government did not address those allegations in its reply. The Committee expresses its deep concern at the allegations of harassment and intimidation of the union public relations officer and its lawyer. The Committee considers that trade union organizations have the right to retain services of public relations professionals and lawyers to represent their interests and rights, including before the courts, and that in the exercise of such functions, these professionals should not be subjected to threats or intimidation. In light of the above, the Committee urges the Government to drop the charges against Reza Rakhshan and Mohammad Olyaifard and to provide it with detailed information concerning their status.

The Committee's recommendations

1. 844. In the light of its foregoing conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) The Committee expects that the Government will deploy all efforts for the rapid amendment of the labour legislation in a manner so as to bring it into full conformity with the principles of freedom of association, by ensuring that workers may freely come together without government interference, and to form organizations of their own choosing, and requests the Government to indicate the measures taken or envisaged to amend article 131 of the Labour Law.
   • (b) The Committee requests the Government to take the necessary measures to ensure that any workers who had been imprisoned in connection with the organizing and carrying out of an industrial action, and the creation of a trade union in June 2008, is paid adequate compensation for the damages suffered. It further urges the Government to take the necessary measures to ensure that the prohibition to engage in trade union activities imposed on Messrs Ali Nejati, Feridoun Nikoufard, Ghorban Alipour, Mohammed Heydari Mehr, Jalil Ahmadi, Rahim Beshag, Reza Rakhshan and any other person is immediately lifted and that the union is allowed to function. The Committee requests the Government to indicate the steps taken in this regard.
   • (c) The Committee requests the Government to ensure the application of freedom of association principles with regard to the police intervention during the course of the strike and once again requests the Government to provide a copy of the instruction on the management and control of labour-related and trade union protests and demonstrations that it was elaborating.
   • (d) The Committee requests the Government to confirm that Messrs Ali Nejati, Feridoun Nikoufard, Ghorban Alipour, Mohammed Heydari Mehr and Jalil Ahmadi have been reinstated in their posts without loss of pay and are paid compensation for the damages suffered. It requests the Government to keep it informed in this respect.
   • (e) The Committee urges the Government to drop the charges against Messrs Reza Rakhshan and Mohammad Olyaifard and to provide it with detailed information concerning their status.