Implementation of the Labor Law in Government Institutions; Challenges and Solutions

Document Type : Original Article

Authors

1 Associate Professor, Faculty of Law & Political Sciences, Kharazmi University, Tehran, Iran Corresponding Author Email m.tangestani@khu.ac.ir

2 Assistant Professor, Faculty of Law & Political Sciences, University of Mazandaran, Babolsar, Iran

Abstract

Regardless of the debates that can be raised regarding the models accepted in different legal systems about determining the regulations governing labor relations, Iran's legal system, adopting the duality model, has established and implemented special regulations in the form of the National Employment Law and subsequently the Civil Service Management Law for the regulation of labor relations in the public sector. Despite this, some persons employed in the public sector are subject to Labor Law; (including persons employed based on Article 4 of the National Employment Law and Article 124 of the Civil Service Management Law). Now the important question is what are the challenges governing the implementation of the Labor Law in government institutions? And what solutions can be proposed to resolve them? The article's hypothesis is that the Labor Law is drafted according to the working conditions in non-governmental sector and the implementation of some of its provisions in governmental institutions faces challenges or brings negative legal and administrative consequences. Some of these challenges can be considered as fundamental challenges, others as legal and managerial challenges. This article, with a descriptive-analytical approach, aims to analyze the mentioned challenges and provide solutions to solve them and improve the current legal system. Based on the current research findings, handing over the affairs of labor jobs to the competent companies on the condition of organizing the system of assigning the affairs to the said companies (first priority) and the application of the general rules of government employment on workers with regard to some special provisions appropriate to their special situation (second priority), respectively, are solutions that can be presented to solve the above challenges

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References

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History

  • Receive Date: 01 August 2023
  • Revise Date: 06 December 2023
  • Accept Date: 04 February 2024

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