Pathology of the Dual Nature of Revolutionary Institutions in Affairs Regarding Employment

In the Iranian law system, employment lawsuits belonging to the employees of revolutionary institutions and how these institutions deal with their own dual nature (revolutionary/ non-governmental) have always been one of the main issues of Iran's administrative law. Accordingly, reviewing and analyzing the dual structure of these institutions and the competence of the authorities when handling the employment complaints of employees belonging to these institutions, is a topic that we will address in this study. However, the damage which comes about in the litigation process when dealing with and accepting the jurisdiction of the Administrative Court of Justice regarding the employment complaints of employees of revolutionary institutions, and the dual structure of these institutions (revolutionary/non-governmental), must first be determined. In this study, by employing a descriptive-analytical research method and using the resources of libraries, and also while laying out the level of competence of the Administrative Court of Justice as a reference for handling employment complaints of employees of revolutionary institutions, the level of damage was legally established. The findings of this study indicate, the lack of comprehensive administrative procedure rules and the existence of scattered rules regarding the definition of institutions under review during their process of handling their employee employment claims, has lead to ambiguities in the processing or non-processing of employee claims by the institutions in question. The Court of Administrative Justice has been established, however the establishment of administrative courts is an inevitable necessity for securing the rights of the employees of the institutions in question. The results of the present study portray that, in addition to the mechanisms designed to reduce the volume of employment claims found in non-specialist institutions, it is necessary to reform the dual structure of public administration institutions in order to monitor the proper implementation of the principles of fair trial by specialized administrative authorities.