How to Draft Internship & Employment Contracts in Iran: A Compliance Guide
- Me pēhea te tuhi i ngā kirimana mahi tauira me te mahi i Īrāna: He aratohu whakatutuki ture
- The Definition Trap: Is it an “Internship” or “Employment”?
- The Employment Contract: The Mandatory & The Strategic
- The Probation Period (Azmayeshi)
- Social Security (SSO) & Registration
- FAQ: Real-World Scenarios
- Waiho he Kupu Whakakore whakautu
Hiring in Iran offers access to great talent, but the legal framework is rigid. Unlike the “at-will” employment common in the US, Iranian Labor Law heavily favors the employee.
Before you send an offer letter, you must understand that “Internship” is not a legal loophole to avoid paying a salary or social security.
Here is how to navigate the contract landscape.
The Definition Trap: Is it an “Internship” or “Employment”?
In Iran, you cannot simply label someone an “Intern” to avoid labor laws. You must categorize them correctly based on the Iranian Labor Law (ILL).
Scenario A: The “Standard” Intern (Most Common)
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Who: University graduates or adults (18+) doing productive work.
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Legal Status: Employee.
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The Reality: If they are working for you and receiving compensation, they fall under the standard Labor Law definition of an employee.
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Implication: You must pay at least the minimum wage, provide Social Security (SSO) coverage, and sign a standard employment contract (often fixed-term). You cannot have an “unpaid internship” for productive work.
Scenario B: The “Apprentice” (Kar-amouz)
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Who: Typically teenagers (ages 15–18) or vocational trainees.
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Legal Status: Apprenticeship Agreement.
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The Rules:
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Max working hours: 6 hours/day (strictly less than the standard 8).
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Duration: Max 3 years.
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Purpose: Must be for specific skills training/vocational education.
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Verdict: Unless you are running a vocational school or hiring high schoolers for training, do not use this model. Stick to Scenario A.
The Employment Contract: The Mandatory & The Strategic
According to the Labor Law, a contract can be oral or written (always use written). It must include specific statutory details, but you should also add “Safety Clauses” for your protection.
Part A: The Statutory Minimum (Must Include)
The law explicitly requires these items:
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Type of Work: Exact job title and duties.
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Compensation: Base salary (must meet minimum wage) + fixed allowances (housing/family).
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Hours & Leave: Work hours, holidays, and leave entitlement (26 days/year + Fridays).
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Place of Work: Remote or Office address.
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Date & Duration: Contract start date and end date (for fixed-term).
Part B: The “Strategic 8” (Must Add for Remote/Tech)
To protect your business, especially if managing remotely, add these specific clauses:
| Clause | Why it matters in Iran |
| 1. Deliverables | Define “Output.” Since you can’t micromanage locally, state clearly: “Weekly code commit” or “Monthly design assets.” |
| 2. Reporting Rhythm | Define “Ghosting.” Clause: “Employee must update the task board by 10 AM Tehran time. Absence of >2 days without notice is a breach.” |
| 3. Probation Period | Crucial. Unskilled: Max 1 month. Skilled/Professional: Max 3 months. See Section 3 below. |
| 4. Overtime (OT) | Standard week is 44 hours. Anything over is OT (+40% pay). Explicitly state if the role requires OT and how it is approved. |
| 5. Confidentiality | Essential. Define specific data (Client Lists, Source Code, Login Credentials) that cannot be shared. |
| 6. IP Ownership | Iran is not party to all international copyright treaties. Explicitly state that “All work produced during paid hours belongs to the Employer.” |
| 7. Termination | Fixed-term contracts cannot be terminated arbitrarily before the end date unless specific conditions (breach of duties) are met and proven. |
| 8. Dispute Resolution | State that disputes will first go to the “Islamic Labor Council” or the “Board of Adjustment” (standard procedure). |
The Probation Period (Azmayeshi)
This is your safety net, but it comes with a strict “Pay-to-Fire” rule.
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Duration: You can agree on a probation period, but it cannot exceed 1 Month for general workers or 3 Months for skilled professionals.
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The “Pay-to-Fire” Rule:
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If the employee quits during probation: They get paid only for days worked.
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If the employer fires during probation: You must pay them for the ENTIRE duration of the probation period.
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Example: If you sign a 3-month probation and fire them on Day 5, you legally owe them 3 months of salary.
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Social Security (SSO) & Registration
This is where “Remote” hiring gets complicated.
1. The Obligation
Every employee covered by the Labor Law must be insured by the Social Security Organization (SSO).
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Total Cost: Approx. 30% of salary.
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Split: 23% Employer pays, 7% Employee pays (deducted from salary).
2. The “Four Copies” Rule
Legally, a written employment contract must be created in four copies:
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One for the Employee.
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One for the Employer.
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One for the Ministry of Labor (local department).
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One for the Islamic Labor Council (or workers’ representative).
3. The Workflow:
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Sign Contract $\rightarrow$ Register Employee on SSO Portal (List of Premium) $\rightarrow$ Pay Monthly Premium.
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Note: Failure to insure results in heavy fines (often 3x the premium).
FAQ: Real-World Scenarios
Q1: I don’t have a registered entity in Iran. Can I sign a “Labor Contract”?
No. You cannot be a legal “Employer” under Iranian Labor Law without a local Tax ID and SSO Workshop Code.
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Solution: You have two options:
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Contractor Agreement: Sign a B2B “Service Agreement” (Freelance contract) with the individual. This bypasses Labor Law/SSO but offers less control/loyalty.
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EOR / Agency: Use a local Iranian HR agency to hire them. The agency signs the Labor Contract and handles SSO; you pay the agency.
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Q2: Should the contract be in English or Farsi?
Bilingual is Best.
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Legally, the Farsi version prevails in Iranian courts.
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Practically, sign a bilingual (two-column) contract so both your HQ and the local employee understand the terms.
Q3: What is the most common cause of disputes?
Fixed-Term Contract Termination.
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Many employers think they can fire an employee “at will” with 2 weeks’ notice.
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Reality: If you sign a 1-year contract, you generally have to pay them for the full year unless they committed a “gross violation” proven to the Labor Board.
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Advice: Start with short fixed-term contracts (e.g., 3 months), then renew. Do not sign a 1-year contract immediately with an unproven hire.
Summary Checklist for Contracts
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Duration: Is it a Fixed-Term contract (recommended)?
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Probation: Is it explicitly stated (max 3 months)?
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Hours: Does it respect the 44-hour/week limit?
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IP Clause: Is the “Work for Hire” ownership clear?
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Language: Is there a Farsi translation for legal validity?
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SSO: Do you have a mechanism (Entity or Agency) to pay the 23% insurance premium?
