Public Law Governing Hard and Hazardous Occupations and Death Resulting Therefrom

Abstract

One of the most significant measures adopted by the Iranian legislature regarding accidents arising from hard and hazardous occupations that lead to workers’ death is the granting of pension rights to their survivors. Survivors’ pension constitutes a form of social inheritance that differs from civil inheritance. The survivors referred to in Articles 81 and 82 of the Social Security Law of Iran include the permanent spouse, children, parents, and the dependent husband of the insured person, each of whom, subject to specific conditions, is entitled to receive the pension arising from the death of the deceased insured individual. Consequently, survivors’ pension is regarded as one of the forms of social security protection and benefits provided for derivative insured persons. According to Clause 1 of Article 2 of the Social Security Law of Iran, an insured person is an individual who is directly subject to social security regulations and, through the payment of insurance contributions, becomes entitled to the benefits stipulated under this law. The present article adopts a descriptive–analytical method. It seeks to answer the following question: in cases where a worker dies as a result of hard and hazardous working conditions, what punishments and enforcement mechanisms are provided under Iranian law for the employer? It appears that accidents leading to death as a result of the employer’s fault may also assume a criminal dimension, and damages arising from work are subject to both criminal and civil sanctions. The objective of this article is to examine the criminal liability of employers in accidents resulting from hard and hazardous occupations, as well as the enforcement mechanisms available under Iranian law for the protection and vindication of the rights of workers engaged in such occupations.