Review Convert employment status Service purchase contract to Contractual Employment, Contractual Employment to Examinatory recruitment and Examinatory recruitment to Permanent recruitment In the light of the decisions of General Board of Administrative Justice Court

Document Type : Original Article

Authors

1 Ph.D in Public Law, Islamic Azad University, Science and Research Branch, Tehran, Iran.

2 Ph.D Student in Public Law, Imam Sadiq University, Tehran, Iran.

Abstract

According to the provisions of Articles 10 and 12 of the Law on Organization and Rules of Procedure of the Court of Administrative Justice approved in 2013, one of the important powers of the Court of Administrative Justice is to handle employment complaints of government employees. In this regard, the General Board of the Court of Administrative Justice, in the position of examining the conflict of lawsuits of the branches of the Court, has issued several opinions regarding the change of employment status. In addition to the branches of the Court, these opinions are also binding on administrative authorities, and in cases of annulment of approvals and regulations, the opinions of the General Assembly are binding on the administration of the party complaining. Therefore, the votes of the General Board of the Court of Administrative Justice create rights and duties for government employees and government agencies and are considered as important sources of employment law. Therefore, considering the importance and position of the General Board of the Administrative Justice Court in the employment law of Iran, revise the opinions of the said board on issues related to the change of employment status and re-examine them in accordance with Article 91 of the Law on the Organization and Procedure of the Administrative Justice Court. The same procedure and in accordance with the rules and regulations seems necessary.

Keywords

References

  1. Abolhamad, Abdolhamid (1991), Administrative Law of Iran, Tehran: Toos Publications, Fourth Edition
  2. Emami, Mohammad and Kourosh Ostovarsangari (2007), Administrative Law, Tehran, Vol.1.
  3. Babaei Mehr, Ali (2014), Administrative Law 2 (National Employment), Tehran: Majd, first edition
  4. Tabatabai Motameni, Manouchehr (2008), Administrative Law, Tehran: Samat, 15th Edition
  5. Madani, Jalaluddin (2010), Administrative Law of Iran, Tehran: Eternal Forest Publications, First Edition, Vol. 2.
  6. Molabigi, Gholamreza (2015), “Government Responsibilities in Employment Contracts”, Bi-Quarterly Journal of Judicial Procedure of Administrative Justice Court Branches, Spring and Summer 2015 Supplement, pp. 26-34

 

decisions of General Board of Administrative Justice Court

  1. 16  dated 2003/04/13
  2. 597 dated 2004 /04/28  and repeated amendments 2005/07/24
  3. 837 and 838 dated 2007/11/18
  4. 143  to 145  dated 2008/05/25
  5. 440 dated 2008/09/14
  6. 555 dated 2008/11/9
  7. 200 dated 2010/08/16
  8. 460 to 476 dated 2011/01/10
  9. 929 dated 2013/03/04
  10. 705 dated 2014/01/6
  11. 1027 dated 2014/03/10
  12. 1380 dated 2014/11/24
  13. 163 dated 2015/05/18
  14. 1144 dated 2015/12/22
  15. 1264 and 1265 dated 2016/02/9
  16. 537 to 538 dated 2016/08/11
  17. 658 to 659 dated 2017/09/26
  18. 93 dated 2017/05/2
  19. 601 dated 2017/09/19
  20. 649 dated 2017/10/3
  21. 314 dated 2018/05/8
  22. 2163 to 2164 dated 2019/03/12
  23. 2724 dated 2019/12/10
  24. 87 to 91 dated 2019/04/16
  25. 92 dated 2019/04/16
  26. 306 dated 2019/05/21
  27. 669 dated 2019/07/2
  28. 814 dated 2020/09/15
  29. 1745 dated 2021/02/6
  30. 1961 dated 2021/03/6

The decision of the specialized employment board of the Court of Administrative Justice

1473 to 1477 dated 2021 /03/3  Recruitment Board

 

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History

  • Receive Date: 20 June 2020
  • Revise Date: 10 September 2020
  • Accept Date: 30 January 2021

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