The critical study of the Iranian labor adjudication system by the consideration to the German labor system

Document Type : Original Article

Authors

1 asistante of law

2 The Faculty of Law and Political Sciences, University of Tehran

10.29252/jlr.2021.224297.2026

Abstract

The existence of an effective labor adjudication system is one of the most important criteria in guaranteeing workers' rights, because in a dispute between a worker and the employer, the rights of the parties, especially workers, are guaranteed in the best way. Consequently, studying the other country’s adjudication systems can be useful in discovering the strengths and defaults of the domestic system. In this regard, one of the most modern labor adjudication systems belongs to Germany, which has created an independent judicial structure for labor proceedings. For the above reasons, the main question of this essay is that what achievements have the german system for the Iranian system. This research that is based on the analytical-descriptive method has investigated the position, structure, jurisdiction and, procedure of Iranian and German labor adjudication system by methodological principle in comparative law called "functionalism". The results of this study are to be outlined in three issues; the principle of judicialization and independence in labor adjudication, creating functional mechanisms for executing negotiation in pre-trial or in-trial and, making an efficient precedent that are needs of the Iranian system.

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Legal Research Quarterly
Volume 24, Issue 95 - Serial Number 95
November 2021
Pages 283-308

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History

  • Receive Date: 24 October 2021
  • Revise Date: 22 November 2021
  • Accept Date: 22 November 2021

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