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Chapter 1- Definitions -General

Article 1. For the purpose of implementing, extending and expanding various types of social insurance, and developing a consistent system
appropriate to social security requirements*, as well as centralizing cashes and incomes subject to the Social Security Law and investing and
exploiting funds and resources, an independent Organization, affiliated with the Ministry of Social welfare, called the “Social Security Organization”, hereafter referred to as the “Organization”, is established1.

Note 1. Subject to Article 10 of the Law regarding establishing the Ministry of Health and welfare ratified in Tir, 1355 (July, 1976), the Social Security Fund with all its duties, assets, claims, debts and commitments, will be integrated into the “Organization”.

Note 2. Subject to Article 6 of the Law regarding establishing the Ministry of Health and welfare ratified in Tir, 1355 (July 1976), all of the social security executive branches of Health and welfare provincial organizations, with all their duties, assets, claims, debts and commitments, will be disintegrated from the provincial organizations and
transferred to the “Organization”.

Note 3. All employees of the former Social Security Organization who, as a result of Article 6 of the Law regarding establishing the Ministry of Health and welfare, have been employed by Ministry of Health and welfare provincial organizations, and any other personnel employed by the provincial organizations to carry out duties related to
social security, will be transferred to the “Organization”, and will be paid their salary from its financial resources.

Article 2. Definitions :

  1. An “Insured” is a person who is individually covered by social security and, by paying certain sums as an insurance contribution, is entitled to enjoy the benefits set forth in this law.
  2. “Family of the insured” refers to a person or persons who enjoy the benefit, of this law through the insured.
  3. “Place of work” refers to the location at which the insured work under direction of the employer or his agent.
  4. “Employer” is a real person or a legal entity at whose direction or on whose account the insured works. All persons who have administrative responsibility for the place of work as managers or supervisors shall be considered as agents of the employer. The employer is responsible for fulfillment of all obligations which the said agents undertake with respect to the insured.
  5. “Wages”, “Salary” or “Compensation”* as used in this Law includes any money or benefit paid in cash or in kind on a regular basis or formula to the insured for his work.
  6. “Contribution” refers to money which is paid to the Organization under the provisions of this Law in order to be entitled to the benefits provided for in this Law.
  7. “Sickness” is an abnormal physical, mental or emotional condition which requires treatment or which produces a temporary disability to work or both simultaneously.
  8. “Accident”, as used in this Law, refers to an unforeseen event occurring as the result of the operation of an external cause or causes and which produces physical or mental injury to the insured.
  9. “Sickness Benefits” applies to money which pursuant to this Law is paid to the insured in lieu of wages or salary during a period of pregnancy, temporary sickness or disability to work and failure to receive wages or salary.
  10. “Medical Aid Devices” (Prosthetic and Orthopedic) refers to equipment used for the purpose of strengthening one of the senses.
  11. “Marriage grant” is an amount paid to the insured under certain conditions in order to compensate for expenses incurred in getting married.
  12. “Family Allowances” is an amount which an employer pays under certain conditions to an insured who has a child or children.
  13. “Total Disability” refers to a decrease in the ability of the insured to work such that he is unable to earn more than one-third of his previous income by engaging in his former occupation or in any other work.
  14. “Partial Disability” refers to a decrease in the ability of the insured to work such that he is able to earn only a portion of his income by engaging in his former occupation or in any other work.
  15. “Retirement” refers to the state of an insured who is no longer employed as the result of having reached the retirement age provided in this Law.
  16. “Pension” refers to sums of money, which under the conditions set out in this law are paid to the insured as compensation for the loss of a part or the whole of this income or in the event of his death are paid to his survivors to secure their livelihood.
  17. “Lump sum compensation for the loss of use of a limp” is an amount, which is paid in a lump sum to the insured, as compensation for the loss of use of a limp or as compensation for reduction in his income.
  18. “Funeral and Burial Grant” is a fixed amount paid for the purpose of covering the expenses related to the funeral and burial of the insured where his family handles this matter.

Article 3.The social security provided for in this law covers the following:

A . Accident and sickness
B .Maternity and Confinement
C. Sickness Benefits
D. Disability
E. Retirement
F. Death

Note. Persons covered by this law shall be entitled to the Marriage Grant and Family Allowances according to the regulations pertaining thereto.

Article 4. Persons covered by this law shall consist of:

A .Individuals who in any capacity work for wages and salary .
B.This paragraph was anuulled according to note 2 of the amendment  and Note 3 of the Article 4 of the Social Security law and was replaced by the following “Single Article” ratified by the parliament in September 20, 1986.
Amendment of Paragraph B and Note 3 of Article 4
Single Article.Under the general regulations of Social Security Law, the Social Security Organization is obliged to insure people who are selfemployed for all or part of the benefits stipulated by the Social Security Law. The method of implementation, the rate of contribution, and the amount of benefits, will be determined according to the regulations which will be ratified by the Council of Ministers.

Note 1. The insured person is free to choose his own monthly income, ranging from the minimum to the maximum legal wage, upon which the amount of the contribution is calculated.

Note 2. As of the date of ratification of this Law (Single Article), content of Paragraph B and Note 3 of Article 4 will be annulled.

Note 3. All Iranian citizens, residing in abroad whether employed or unemployed in various fields, whose insurance is not in contradiction with social security regulations and their amendments can be voluntarily entitled to this law and its related regulations provided that the insured has regularly paid their contributions. Obviously, the  “Organization” is bound to render services and carry out its commitments according to the regulations.
C . Persons receiving pensions for retirement, disability or death.

Note 1. Employees of Ministries, Government organizations and companies and organizations affiliated with the Government, who according to the pertinent laws are entitled to some of the benefits referred to in Article 3 of this law, shall be covered by the provisions of this law with respect to other benefits (referred to in Article 3 hereof)
where special laws providing such benefits for such employee do not exist, all according to regulations to be adopted by the council of Ministers as proposed by the Ministry of Social Welfare and approved by the State Organization for Administrative Affairs and Employment .

Note 2. Persons governed by the Armed forces Services Law and artisans governed by the Army *Artisan’s Cooperative and Retirement Insurance Law shall not be subject to this law but shall be governed by their own special law and Regulations.

Note 3. This note was abolished.

Note 4. Persons subject to the Law for the Protection of Staff Employees Against the effect of Old Age, Disability and Death shall
continue to be subject to the provisions of said Law.  Organizations covered by said law are bound on notification from the National Health Insurance Organization, to deduct their own share of the medical insurance contribution and that of the insured and to pay same to said organization through their respective protection Fund. The rate of
medical insurance contribution under this Article shall be pursuant to the criteria and provisions for medical insurance as set out in the law
covering Medical Treatment for Government Employees and the method of collecting the applicable contribution shall be exactly the same as
provided in the law for the protection of Staff Employees Against the Effects of Old Age, Disability and Death .

Article 5. Foreign nationals who are employed in Iran in accordance with the pertinent labor laws and regulations are subject to the regulations of this law, except in the cases where:

 

A. In case of existence of protocols and bilateral and multilateral treaties between Iran and other countries, measures will be taken according to the treaties.
B. In cases that foreign national are confirmed by the officials of their own countries that during their stay in Iran have been to tally or partially insured in their countries or third country for the benefits stipulated in article 3 of this law, are exempted from entitlement for the same benefits of this law.

Note. Work related incidents to the nationlas of the countries that have officially agreed to Convention Number 9 of International Labor Office are exempted from paragraph “B”. The rate of the contribution will be determined according to the regulation provided by the Social Security Organization and ratified by the Council of Ministers.

 

Article 6. The implementation of each item of the coverage provided for in Article 3 of this Law shall be put into effect with respect to the rural population and their families in the various regions of the country gradually as the Organization’s capabilities are expanded, as recommended by the Board of Directors and approved by the High
Council of the Organization with due regard to Article 117 of this law .

Article 7. Individuals employed in occupations which until the enactment of this law were not covered by social insurance, shall on recommendation of the Board of Directors and approval of the Minister of Social welfare become subject to the provisions of this law in the following order :

A . Coverage set out in Sections C,D,E and F of Article 3 of this law shall be gradually implemented taking into consideration the capabilities of the Organization . Accordingly with due regard to Article 28 of this law, the rate of contribution until the end of the year 1354 (20 March 1976) shall be 19% of the salary or wages, and from the beginning of the year 1354 (21 March 1976) shall be 21% of the salary or wages. In the year 1354 the employer will pay 13% , the Insured 4%, and the
Government 2%, and from 1354 onward, the employer shall pay 14%, the insured 5%, and the Government 2% .
B . Coverage set out in Sections A and B of Article 3 of this law shall be implemented gradually and on the condition that the Organization has provided the necessary equipment and facilities for medical treatment of insured persons. The obligation of employers or persons subject to the provisions of this law by virtue of this Article to pay this insurance contribution shall commence from the date notice of their insurance coverage is published in the newspaper or a written notice is given .

 

Article 8. The insurance of individuals and of persons employed in occupations which were until the date of enactment of this law in any way covered by the provisions of the Social Insurance Law or Rural Social Insurance Law shall continue with due regard to the provisions of this law.

Note . The conditions relating to the continuation of all or a part of the insurance coverage specified in this law for those persons who have been excluded from the category of insured persons for a reason other than the reasons set out in this law, shall be determined according to pertinent Regulations . In any event, payment of the total insurance contribution in such cases shall be borne by the insured .

Article 9. Is abolished.

Article 10. From the effective date of this Law, the Social Insurance Organization and the Rural Social Insurance Organization shall be merged into the Social Security Organization. All duties, obligations, claims, budgetary allocations and assets of such organizations and their employees with the preservation of their rights, records (of service) and employment benefits, which shall Regulations referred to in Article 13 ofthis law, shall be transferred to this Organization.

Article 11. Is abolished along with its Note.

 

 
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