Analysis of the Concept of Job Security in Employment Contracts with Continuous & Temporary Aspect, Focusing on the Decisions of the Administrative Court of Justice's General Assembly

Document Type : Original Article

Authors

1 Ph.D. Student of Public Law, Department of Law, Theology and Political Science, Science and Research Branch, Islamic Azad University, Tehran, Iran.

2 Professor of Public Law, Department of Law, Shahid Beheshti University, Tehran, Iran

3 Assistant Professor of International and Public Law, Department of Law, Theology and Political Science, Science and Research Branch, Islamic Azad University, Tehran, Iran.

4 Associated Professor of Public Law, Department of Law, Shahid Beheshti University, Tehran, Iran

Abstract

In a broader sense, job security entails establishing a comfort zone in the employment process, fulfilling duties, and extending the employment contract. Regarding the labour contractual parties, job security is presented in such a way that each party, in addition to profiting from the contract's implementation, has relative peace of mind in terms of contract extension. When a worker has job security, they can perform their duties with confidence; the employer should have this security as well in order to provide the optimal conditions for the worker's desirable employment. Despite its importance, job security has been under-represented in regulatory frameworks. The laws that have been enacted in this regard have serious flaws. Resolving ambiguities in laws necessitates a clear interpretation of judgments, which is the responsibility of the regulating authority (the Islamic Consultative Assembly). It appears that, given the current lack of explicit and clear laws in this area, it is necessary to rely on judicial decisions to extract a unified procedure so that there are fewer conflicts of judicial decisions and workers can enjoy a relative comfort zone in temporary labour contracts. Unfortunately, the enactment of fragmented laws in this area has given employers the upper hand, so in newer laws such as the “Law on Removal of Production Barriers”, the “Law of Regulating Part of the Regulations to Facilitate Iran's Industrial Modernization”, the “Third Plan Law”, and so on, layoffs and terminating worker employment contracts are predicted in such a way that workers have no chance of objecting. Furthermore, a review of Administrative Court of Justice decisions shows that job security in temporary labour contracts is somewhat supported, but there are some conflicts in decisions and adopted procedures. Thus, while the role and position of judicial procedure in terms of job security cannot be overlooked, a study of the decisions of the Administrative Court of Justice's general assemblies revealed that no unified procedure can be extracted from the Court of Justice's decision in terms of the subject at hand because there are conflicts among the Court's decisions from different periods.

Keywords

References

  1. Constitution
  2. Labour Law
  3. Civil Code
  4. Arabi, Seyyed Mohammad et al., (1999) Job Security of Civil Servants, Iran Cultural Studies, Tehran.
  5. Alvani, Sayyed Mehdi (2000). Public Administration, Ney Publications, Tehran.
  6. Emami, Mohammad, (2007). Administrative Law, Mizan Publications, Tehran.
  7. Emami, Mohammad, (2016). Introduction to Labour Law, Mizan Publications, Tehran.
  8. Hedayati Zafarghandi, Mohammad (2009). Employment Contract, Mizan Publications, Tehran.
  9. Movahedian, Gholamreza (2002). Labour Law (Applied Science), Fekr Sazan Publications, Tehran.

10. Araghi, Seyyed Ezatullah (2010). Labour Law, Vol. 1, Samt Publications, Tehran.

11. Tabatabai Motameni, Manouchehr (2005). Administrative Law, Samt Publications, Tehran.

12.Abbasi, Bijan (2016). Human Rights and Fundamental Freedoms, Dadgostar Publications, Tehran.

13. Ghazi, Seyyed Abolfazl (2006). Constitutional Law and Political Institutions, Mizan Publications, Tehran.

14. Jazayeri, Shamsuddin (1967). Labour Law and Social Insurance, University of Tehran Press.

15. Kiomarsi, Mojtaba, (2012). "The Study of Job Security Status of the Workforce in the Light of Privatization", Social, Economic, Scientific, and Cultural Journal of Labour and Society, Issue 152.

16. Mortazavi, Fatemeh Sadat, (2013). "Development of Human Resources and the Significance of Human Resource Management in Job Security of Employees". Rah-e Abrisham, Journal of the Ministry of Roads and Urban Development, Vol. 18, Issue 143, July.

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History

  • Receive Date: 22 May 2020
  • Revise Date: 19 October 2021
  • Accept Date: 31 January 2022

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