A critical analysis of the practice of the Administrative Court of Justice regarding the application of grace years in the retirement of employees in hard and harmful jobs from the perspective of respecting human rights

Dast Peyman, Saeb; Rahmani, Hamid Reza

doi:10.48308/jlr.2025.239597.2885

A critical analysis of the practice of the Administrative Court of Justice regarding the application of grace years in the retirement of employees in hard and harmful jobs from the perspective of respecting human rights

Articles in Press

Document Type : Original Article

Authors

saeb dast peyman ¹

Hamid Reza Rahmani ²

¹ Ph.D. in Public Law, Faculty of Law, University of Qom, Qom, Iran

² Ph.D Candidate in Public Law, Department of Public Law and International Law, Faculty of Law, University of Tehran (College of Farabi), Qom, Iran.

10.48308/jlr.2025.239597.2885

Abstract

support workers in hard and harmful jobs obligated in terms of respecting human rights. One of these supports is the granting of grace years. In this research, with adescriptive-analytical method and based on library studies, we tried to investigate the legal effects of the application of grace years and how the rules and regulations and the procedure of the General Board of Administrative Court of Justice in this regard guarantee the human rights of this category of workers. Since the social security organization receives insurance premiums for the retirement years granted to these employees and in return for receiving the insurance premiums, it must provide insurance services, including the average of the last two years of insurance premium payments for the retirement years. It is in the calculation of the retirement pension of the mentioned employees. Although according to the procedure of the Administrative Court of Justice, establishing a retirement pension in the aforementioned manner is an exception to the general rule, but the years of grace of workers in hard and harmful jobs are considered as the years of main employment, for which the social security organization pays an insurance premium received. Therefore in cases such as pension calculation or Adaptation of pension rights, etc. the grace years should be the calculation criteria, just like the years of actual employment. And strengthening this opinion is more compatible with respect the human rights of the mentioned workers.

Keywords

Early retirement

Administrative Court of Justice

Human Rights

grace years

Hard and Harmful jobs

Subjects