Employment
Claiming against an employer: the labour route end to end
Last reviewed: 10 مرداد 1405
Employment disputes are not heard by the ordinary courts; they have their own forum and deadlines short enough that missing one closes off the right of appeal.
This guide follows the route from filing at the labour office through to enforcement, and sets out which entitlements must be claimed expressly.
The first hurdle: proving the employment relationship
Many cases stall before reaching the substance, on a single question: was there an employment relationship at all? Employers frequently argue the other side was a contractor or an occasional collaborator rather than an employee.
Fortunately this is not confined to written contracts. Payslips, social-insurance records, entry logs, work messages, testimony from colleagues, and any indication that the work was done under the employer's direction and supervision for a wage will be considered. That evidence should be gathered before the working relationship ends, not afterwards.
The two boards and the 15-day window
The claim is first heard by the investigation board at the labour office for the place of work. Its decision may be appealed to the dispute-resolution board within 15 days of service — the period set by article 159 of the Labour Code — after which the decision becomes final.
That window is shorter than the deadlines familiar from civil procedure, which is why most entitlements lost in employment cases are lost through delay rather than weak evidence. A final decision of the dispute-resolution board can be challenged in the Court of Administrative Justice, but that route reviews legality and does not reopen the merits.
Dismissal: reinstatement or payment
Where a dismissal was without good cause, the forum can order the employer to reinstate the employee and pay wages for the period out of work. Where reinstatement is not possible or not wanted, payment of the statutory entitlements takes its place.
A practical point: be clear about your relief from the outset. Reinstatement and recovery of unpaid wages are different claims, and the forum will not award beyond what is sought. Changing direction mid-case usually costs time.
The entitlements to claim expressly
Unpaid wages are only one item. Severance pay for length of service, the annual bonus, accrued untaken leave, overtime, unpaid social-insurance contributions and, where applicable, meal and housing allowances are each separate heads of claim.
Insurance contributions occupy a special place: they are paid to the social-security organisation and build your insurance record, so they are worth claiming even though no cash reaches you directly. Anything absent from the claim will be absent from the decision.
An employment claim with Dadyar
- 1
List your entitlements
Describe your service and terms so Dadyar can set out the full list of claimable items.
- 2
Check the deadlines
Use Dadyar's deadline calculator to compute the 15-day appeal window precisely.
- 3
Draft the claim
Use Dadyar's templates to file with a complete, cited statement of claim.
- 4
Get a lawyer in a hard case
If the employment relationship itself is denied, book a specialist consultation from Dadyar's lawyer network.
Frequently asked questions
Can I claim without a written contract?
Yes. The employment relationship can be proved by any evidence: payslips, insurance records, entry logs, work messages and colleagues' testimony. The absence of a written contract does not extinguish your rights.
What is the deadline for challenging a dismissal?
Fifteen days from service to appeal the investigation board's decision. For the initial claim, the sooner the better: delay makes proof harder and some entitlements are time-limited.
Do I still get severance if I resigned?
Severance is tied to length of service and resignation does not simply extinguish it; but how the employment ended affects some other entitlements and needs to be checked carefully.
How is a labour decision enforced?
Final decisions of the labour dispute forums are enforced through the courts' execution office, so the employer's assets and accounts can be attached.
Related to this guide
This guide is general, statute-grounded legal information — not legal advice for your specific situation. For important decisions, consult a licensed lawyer inside Dadyar.