Legal Research Quarterly

Legal Research Quarterly

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

Document Type : Original Article

Authors
Mohammad Ghasem Tangestani 1 ΒΆ
Mahdi Moradi berelian 2
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
10.48308/jlr.2024.232550.2553
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
Keywords
Government Employment
Labor Jobs
Article 124 of the Civil Service Management Law
Article 4 of the National Employment Law
Fixed-term Employment Contracts
Subjects

  1.  

    Books

    1. Abolhamd, Abdolhamid, Iranian Administrative Law, Tehran: Toos, Seventh Edition, 2004. (in Persian)
    2. Ansari, Vali-Allah, Generalities of Administrative Contract Law, Tehran: Jurist and Scholar, Fifth Edition, 2007. (in Persian)
    3. Emami, Mohammad and Kourosh Ostovar-Sangari, Administrative Law, Volume 2, Tehran: Samt, First Edition, 2007. (in Persian)
    4. Iraqi, Sayyed Ezzatollah, Labour Law (1), Tehran: Samt, , 2012. (in Persian)
    5. Mousa-Zadeh, Reza, Administrative Law (1-2), Tehran: Mizan, 13th Edition, 2010. (in Persian)
    6. Rostami, Vali, Discourses on Administrative Law; Practical and Theoretical, Tehran: Khorsandi, First Edition, 2018. (in Persian)
    7. Tabataba’ei Mo’atamani, Manouchehr, Administrative Law, Tehran: Samt, 12th Edition, 2006. (in Persian)

    Articles

    1. Bigloue’i, Aida and Ali Faghih Habibi, “Employment Challenges of Public and Government Sector Workers Subject to the Note of Article 32 of the Civil Service Management Law”, Journal of Islamic Sciences Research and Studies, Volume 2, Issue 15, 2010, pp: 1-20. (in Persian)
    2. Hemmati, Mojtaba, “Scope and Exceptions of the Civil Service Management Law and Labor Law; Challenges and Solutions”, Quarterly Journal of Modern Research on Administrative Law, Volume 4, Issue 11, 2022, pp: 274-243. (in Persian)
    3. Kaviani, Hassan and Fahimeh Ghofrani, “Analyzing the Dimensions of Employing Human Resources in Executive Agencies Subject to the Civil Service Management Law (Subject of the Note to Article 32 of the Civil Service Management Law)”, Research Report of the Research Center of the Islamic Consultative Assembly, , Serial No. 17024, 2010, pp: 1-15. (in Persian)
    4. Nejabet-Khah, Morteza and Farhang Faghih Larijani, “A Reflection on the Jurisdiction of the Administrative Court of Justice in Handling Claims Arising from Employment Contracts”, Quarterly Journal of Public Law Studies, Volume 46, Issue 2, 2016, PP 245-231. (in Persian)
    5. Nejabet-Khah, Morteza and Rezvan Fadaei, “Legal and Employment Status of Persons Subject to Article 124 BC In the Light of the Case Law of the Administrative Justice Court”, Journal of Constittional Law, Volume 11, Issue 21, 2014, pp: 184-167. (in Persian)
    6. Ranjbari, Abolfazl, “Investigating the Employment Status of Workers Employed in the Public Sector”, Contemporary Comparative Legal Studies, Volume 3, Issue 5, 2012, pp: 47-82.
    7. Rostami, Vali and Samira Asghari, “The Competent Authorities for Addressing the Recruitment Complaints in the Iranian Legal System; Ambiguities and Solutions”, Quarterly Journal of Public Law Research, Volume 17, Issue 48, 2015, pp: 27-46. (in Persian)
    8. Tangestani, Mohammad Ghasem, “Feasibility Study of Forming Boards to Deal with Employment Complaints of Government Employees; Principles, Models, Challenges and Solutions”, Quarterly Journal of Administrative Law, Volume 9, Issue 31, 2022, pp: 74-96. (in Persian)

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