Competence to Change the Job & Work Place of Employees (An Analysis of Theoretical & Practical Conflicts)

Document Type : Original Article

Authors

1 Associate Professor, Department of Public Law, Faculty of Law, College of Farabi, University of Tehran, Qom, Iran

2 MA. Student in Public Law, Faculty of Law, College of Farabi, University of Tehran, Qom, Iran

Abstract

The right to choose a job is one of the basic rights of individuals, which is also related to other values such as human dignity and the right to self-determination. According to the principles of the constitution, the twenty- eighth principle and the fourth paragraph of the forty-third principle of the constitution imply this right of choice, and the only restrictions imposed on it are non-contradiction with Islam and the public interest and the rights of others. As mentioned in international conventions and declarations, slavery and forced labour are prohibited in the domestic legal system. In Iranian employment law, the principle of the right to choose a job and place of service is considered the right of individuals.
Although there are conflicting theories and opinions on the possibility of changing the job and workplace of employees according to managerial requirements, the conflict in exercising the right to change jobs is due to a fundamental difference in understanding the type of employment and manpower and its requirements. However, in this article, an attempt has been made to address the conflicting views on the possibility or impossibility of changing the job and workplace of employees and to analyze the right to change jobs within the existing principles and rules as well as some rulings issued by the Administrative Court.

Keywords

References

 
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Public Law Knowledge Quarterly
Volume 11, Issue 37 - Serial Number 37
October 2022
Pages 102-129

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History

  • Receive Date: 18 May 2021
  • Revise Date: 20 October 2021
  • Accept Date: 31 January 2022

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