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What is the punishment for illegally sealing trade unions?

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Probably, you have also heard the name of the seal and seal jaw many times. Do you know exactly what a shop seal jaw is and why it happens? Do you know the penalty for an illegal jaw seal? Do you know what to do if such problems occur? If any of these questions have occurred to you, join us so that we can fully familiarize ourselves with the rules related to the seal and seal jaw of the trade union shop.

What is a seal?

As you probably know, seal means to close and seal a business unit, house or any other unit for various reasons. In fact, if an illegal act is done in any restaurant, house or shop, the judicial authorities will seal it and close it. No one has the right to enter and leave the shop or house or use it until the seal is done by the judicial unit. In case of illegal jaw sealing, severe punishment is considered for the guilty person.

The reasons for the seal of the shop according to Article 28 of the trade union law

This question will also arise for you, in which case your trade union may be sealed and problems may arise for you? Article 28 of the trade union law will give you your answer. If any of the following violations are committed by you, legal authorities can temporarily seal the trade union for a period of one week to 6 months:

– At the place of business, engage in work other than the work specified in the business license or authorized by the supervision commission.
– Close your business without a valid reason for at least 15 days. If this closure causes hardship and embarrassment for consumers, the judicial authority can issue an order to seal it. The diagnosis of the  justification of the reason for the closure is with the city’s Chamber of Guilds.
– If you do not pay the membership fee to the union based on the rules approved in the bylaws, you will be subject to the seal laws.
– If you do not comply with the legal orders and approvals of the Supreme Board and the Supervisory Commission, the judicial authorities can take action to close your shop. Failure to implement the rules is also the responsibility of the city’s Chamber of Guilds.
– Non-implementation of the tasks of trade unions will also include the rules of the trade union seal.

Notes on Law 28 of Trade Unions

The notes of Law 28 of Trade Unions are as follows:

– After the announcement of the union to close the trade union, the sealing will be done by the police force.
– Any trade union member whose shop is closed can file a complaint with the supervisory commission. The commission is obliged to announce its final opinion within 2 weeks. If the result of the commission is not convincing from your point of view, you can also refer to the competent judicial authorities.
– In case of unjustified closure of the trade unit, compensation to the trade person is the responsibility of the orderer based on the opinion of the supervision commission.
– If, according to the supervision commission of the city, the closure of the trade union causes hardship and embarrassment to the consumer, the said trade union will be sentenced to pay damages from 200 thousand tomans to 2 million tomans.

How to protest against the seal of trade unions

As mentioned above, people can submit their objection to the supervisory commission of the trade union after the decision to seal the shop and request an appeal. In order to get a favorable result during these protests, carry documents such as background certificates, personal information, health qualification certificate and direct tax certificate with you.

Necessary measures to seal the shop in a legal way

In order to seal the shop legally, you have to do some steps.

1- In the first step, refer to the relevant union. Provide your personal and location information and file a case.
2- Provide the certificate of Article 186 of the Direct Taxes Law.
3- Provide documents related to military qualification and no bad background for eligible classes.
4- Include personal health card and workplace health certificate in your file.
5- After completing the above steps, the supervisory commission will schedule a meeting to deal with your complaint.

Is the seal and jaw seal of shops and trade unions only done by judicial authorities?

Sealing trade unions is not solely the responsibility of the judicial unit. In some cases, in addition to the judge, institutions such as the municipality can also close the shop if a violation is detected. Of course, you should also be aware of the fact that municipal officials cannot act arbitrarily on the seal of a trade union without the permission of the court; Therefore, in case of such a problem, be sure to ask the officers for a letter and order from the judicial courts and the Article 100 Commission.

What is the punishment for illegally sealing the shop?

After receiving the sealing order, for any reason, you may want to arbitrarily remove the seal illegally. This work is legally considered a crime and has a punishment including imprisonment and prison. According to Article 543 of the Islamic Penal Code, “If something or a place is sealed by the order of the competent official authorities, someone knowingly and intentionally breaks it, erases it, or commits an act that is considered breaking or erasing the seal, commits 3 months to 2 years of imprisonment will be sentenced.” Therefore, in the event of such a problem, do not act arbitrarily on the seal jaw of the shop.

What is an illegal seal?

Illegal sealing happens when a person, without having a letter from the competent authorities or a legal position, acts to seal a trade union and prevent its activity. According to Article 690 of the Islamic Penal Code, the punishment for illegal jaw sealing will be between 1 month and 1 year of imprisonment.

What are the ways to prevent shop seals?

If your shop is sealed, the best way to legally remove the seal is to fix the problems. If you have a financial debt, pay it and fix the rules you have broken and make up for it. After performing these measures, you can ask the relevant trade union to take action on the shop’s sealing jaw. If you have done all the work, but your shop is still closed by the guild, you can complain to the supervisory commission and follow the steps mentioned above.

Conditions of shop seal in different trade units

As you know, different trade unions have their own rules. For example, there are many differences between the rules related to restaurants and the rules related to construction companies. Therefore, the conditions that cause the shop to close will also be different. Therefore, to prevent any problem from occurring, regularly follow the rules of your guild and follow them. In this case, the possibility of sealing your shop will be almost zero.

The role of the lawyer in protesting the sealing of trade unions

Since the trade union pump causes a lot of financial damage to you, in order to avoid further losses and receive a seal seal judgment in the shortest possible time, be sure to seek the help of an expert lawyer in this field. At the appeal stage, the lawyer will first protest against the issued sentence and provide the necessary documents.

If, for any reason, the final result is not in your favor, the lawyer will take your complaint to the court, where it will be dealt with. Dadista Law Firm is one of the most experienced legal firms for your legal claims. With the help of the lawyers of this group, you can reach your desired result in the shortest possible time.

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FAQ
How is the seal of the shop legally?
In the first step, go to the relevant union, provide your personal and location information and file a case. Provide the certificate of Article 186 of the Direct Taxes Law. Submit the documents related to military qualification and no bad background for the eligible categories. Also put the personal health card and the health certificate of the workplace in your file. By completing the previous steps, the supervisory commission will consider and deal with a meeting to deal with your complaint.
What is the punishment for illegal jaw seal?
According to Article 543 of the Islamic Penal Code, "If something or a place is sealed by the order of the competent official authorities, someone knowingly and intentionally breaks it, erases it, or commits an act that is considered breaking or erasing the seal, commits He will be sentenced to 3 months to 2 years in prison.
What is the method of protesting the seal of trade unions?
After the decision to seal the shop, people can submit their objection to the supervision commission of the trade union unit and request an appeal. In order to get a favorable result during these protests, carry documents such as background certificates, personal information, health qualification certificate and direct tax certificate with you.

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