Regulatory and Juridical Reflections on the Employment and Additional Benefits of 'Employment Status' for Disabled Veterans

Document Type : Original Article

Author

Assistant Professor, Department of Islamic Jurisprudence and Law, Faculty of Theology and Islamic Studies, Meybod University, Meybod, Iran

Abstract

In the specific supportive laws for veterans since 1993, the issue of dual employment and receiving dual salaries in the commonly referred to status of 'employment and total disability' has always been a subject of discussion and dispute in legislative processes, judicial avenues, and administrative channels. Studying this supportive legislative trend raises ambiguous and contradictory points regarding the philosophy of support, the dignity and respect of veterans, their material and spiritual growth, the principle of justice, and equal opportunities for all members of society (in terms of dual employment, the right to choose a job freely, prohibition of unjust discrimination, receiving two salaries from one fund and two funds, etc.
These issues, all stemming from the Constitution, the general policies of the system, and religious sources, must serve as a basis for evaluating the legislative process supporting veterans on this matter. A comprehensive review of all approved, annulled, and repealed laws, decrees, related circulars, and their alignment with higher documents and the rulings of the Guardian Council, and if necessary, judicial practices, reveals conflicting points between the high legislative goals and the enacted laws in this area. The legislative approaches show internal contradictions and lack a satisfactory alignment with wisdom in legislation. Ultimately, the justification for dual employment in the 'employment status' is unfounded, but the duality of salary can be defensible under certain conditions.
The research method is descriptive-analytical, utilizing library resources.

Keywords

Main Subjects


Books
Holy Quran.
Ansari, M. Al-Makaseb, Published by The legacy of Sheikh Al-Azam (in Arabic)
Al-Bahrani, Y. Al-Hadaiq al-Nazerah. Qom: Al-Nashar al-Islami Foundation(in Arabic)
Hor Ameli, M. (1982). Wasal al-Shia, Beirut: Islamie(in Arabic).
Helli (Allameh), H. (1992). Mokhtalef Al-Shia. Qom: Islamic Publications Office(in Arabic).
Khouie, A. (1998). Misbah Al-Fiqahah, Qom: Arbitration(in Arabic).
Shoayri, M. (Bita). Jame Al-Akhbar Najaf: Al-Mattaba Al-Haydriya(in Arabic)
Sadr, S.M. (2016). eqtesadona (our Economy), Qom: Boustan Kitab(in Arabic).
Saliba, J. (1987). Philosophical culture. Translated by Manouchehr Sanei Dareh-Bidi, Tehran: Hekmat.
Gorji Azandriani, A. (2015). Positive Discrimination. Tehran: Ala Ghalam(in Persian).
The Guardian Council's Opinions and Basis of Opinions Compilation Group. (2018). Detailed Discussions of the Guardian Council Meeting (Morning) Dated 02/10/2013. Tehran: Guardian Council Research Institute. (in Persian).
Moulla Sadra, M. (1981).Al-Hekmat Al-MotaAlie (Transcendent Wisdom in the Four Intellectual Journeys). Beirut: House of Arab Heritage Revival(in Arabic).
Mousavi Khomeini, S.R. ( 2011). Tahrir al-Wasilah. Qom: Dar al-Kutb al-Ilmiyah(in Arabic).
Najafi Javaheri, M. (1983). Jawaher al-Balaghe. Beirut: Dar Ihya al-Turas al-Arabi(in Arabic).
Calves, G. (2004). La Discrimination Positive. Paris: PUF
 
Articles
Gorji Azandriani, A, Tabari, H, & Mirmohammad Sadeghi, M. (2011). Positive discrimination: fair discrimination or treatment of the effects of discrimination. Legal Research Quarterly, 14(55), 29-46.
Jalali, M, & Heidari, F. (2014). The principle of equal access to public services in light of the decisions of the Court of Administrative Justice. Ray Journal (Judicial Case Review), 3(8), 41-60. doi: 10.22106/jcr.2016.23951
Levade, A.(2004). "Positive Discrimination and the Principle of Equality in French Law", Pouvoirs; Special Issue of Positive Discrimination, 37(111), 55-71.
 
 Documents
Ayatollah Khamenei, S.A. (26/08/2015). Statements in the meeting with the President and members of the government board
Ayatollah Khamenei, S.A. (14/05/2024). Statements in the meeting with workers
Ayatollah Khamenei, S.A. (29/04/2023). Statements in the meeting with workers
Correspondence and interpretative opinions of the Guardian Council on Article 141, available at: www.shora-gc.ir
5) General policies of the legislative system (2019)
General policies of the system in matters of “promoting and strengthening the culture of sacrifice and jihad and organizing the affairs of veterans” (2010).
General policies of the administrative system (2010).
Constitution of the Islamic Republic of Iran (1358-revised 1368).