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

Document Type : Original Article

Authors

1 Department of law and political science, Kaharazmi University, tehran. iran

2 Department of Law, Faculty of Law and Political Science, University of Mazandaran, Babolsar, Iran

10.48308/jlr.2024.232550.2553

Abstract

Regardless of the debates that can be raised regarding the models accepted in different legal systems in the field of 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 national 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. The persons employed based on Article 4 of the National Employment Law and Article 124 of the Civil Service Management Law are subject to the Labor Law. The important question is what are the challenges governing the implementation of the labor law in government institutions?. Some of these challenges can be considered as fundamental challenges, others as legal challenges, and some of them as administrative and management 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 handing over the affairs to the said companies (first priority) and including 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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Legal Research Quarterly

Articles in Press, Accepted Manuscript
Available Online from 04 February 2024

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History

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

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