The Lapse of time in labor lawsuits in the light of the procedure of the Administrative Court of Justice

Articles in Press

Document Type : Original Article

Author

Shahrekord University

10.48308/jlr.2024.233320.2602

Abstract

The lapse of time has been recognized as one of the obstacles to the right to sue in private law. Based on that concept, some rights can no longer be claimed in front of the courts due to the passage of time since their violation. Labor lawsuits, arising from the text of the labor law and relevant executive regulations, labor contracts and collective agreements, form an important part of proceedings in related quasi-judicial authorities and Administrative Court of Justice. Despite the detailed researches about the origin and effects of the passage of time in private law claims that issue has not been investigated much in labor claims. The main question in the upcoming research is whether the application of the passage of time is basically accepted in labor claims? What are the position of the current laws and the practical procedures of the Administrative Court of Justice in this regard and what are its challenges? The hypothesis is that the official authorities as well as the branches of the court, in the light of the legal bill approved by the Revolutionary Council, have given an opinion on the legality of time in labor lawsuits for one decade, but gradually with the announcement of the explicit cancellation of the provisions of that bill by the Labor Law of 1369. .

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Legal Research Quarterly

Articles in Press, Accepted Manuscript
Available Online from 11 November 2024

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History

  • Receive Date: 05 October 2023
  • Revise Date: 29 March 2024
  • Accept Date: 29 October 2024

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