Research and development in private law

Research and development in private law

An Analytical Approach to “Equality of Treatment (Accident Compensation) Convention

Articles in Press

Document Type : Original Article

Authors
Mohammad Matin Miladi qomi 1
Hasan Badini 2
1 Private Law, Law and Political science faculty of Tehran University, Tehran, Iran
2 Associate professor of private law in Law and Political science of Tehran University, Tehran, Iran
10.22034/jpl.2026.2088746.1319
Abstract
The problem of foreign nationals and migrant workers and the regulation of legal frameworks for their relations, especially with employers, exists all over the world and of course in Iran. The Convention on Equal Treatment of Foreign Nationals with Respect to Compensation for Work-related Accidents is a concise and at the same time, path-breaking agreement that Iran has also joined. However, the lack of attention to it in labor law, in addition to leaving unanswered practical challenges in regulating the legal relations of workers, especially with employers, has caused a vacuum in the legal and research literature on the subject of this treaty. In this study, the provisions and requirements of this convention will be examined and analyzed using an analytical-descriptive method, and the ambiguities and questions surrounding it, including the precise meaning of the keywords "equal", "treatment", "compensation for work-related accidents" and "foreign national workers", will be answered, and its position in Iranian law will be determined. The correlation of this convention with other domestic laws and its territoriality for application and enforcement are among the complex discussions regarding compensation in labor law, which an attempt has been made to address with a comprehensive look at the Acts. The main question is whether this convention will be implemented in Iranian law or not and whether it has such a capability at all? The answer to both of the aforementioned questions seems to be positive and this convention can be implemented in Iranian law, given its many capacities, especially as a complement to legal gaps in the field of civil liability in work accidents. Although this convention, as a legal document, can be a solution to many issues in Iranian law, its implementation faces challenges that can be broadly classified into two categories: first, challenges related to the subtle and scientific understanding of the convention, which must be presented in the form of a precise legal analysis; and second, challenges that arise from conflicts with other legal documents in Iranian law. In this study, both categories of the aforementioned challenges are analyzed and examined.
Keywords
International Labor Organization
labor rights
compensation
foreign nationals
civil liability
international convention
work accident
Subjects
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