جستجوی مقالات مرتبط با کلیدواژه "سازمان تامین اجتماعی" در نشریات گروه "فقه و حقوق"

An official and contractual employee has the right to salaries and benefits from the executive body or social security organization during vacation time of gestation and childbirth. There is no dispute in the administrative and judicial procedure regarding the payment of salaries by the executive body of the employee's place of service. In the case of official employees. But, there has always been a difference between the executive body and the social security organization regarding contract employees, for the payment of salaries and benefits for vacation time of gestation and childbirth. This difference has led to the filing of a complaint by the contract employees in the Court of Administrative Justice that Court branches have issued different opinions regarding the subject: including the different opinions issued by the 3rd and 25th branches of the Administrative Justice Court in the field of payment of salaries and benefits by the executive body and the social security organization. Due to difference the issue was raised in the General Board of the Administrative Court of Justice And the court and board, after reviewing the votes of the branches, voted to oblige the executive body to pay the salaries of contractual employees during vacation time of gestation and childbirth. A vote that according to the civil service management law, the national employment law and the contractual employment regulation is incorrect according to the authors. And it is the social security organization that should pay the benefits during vacation time of gestation and childbirth and not the executive body.

Supporting production and business requires identifying challenges and barriers in various areas. One of the most important of these areas is obtaining contract insurence, especially contracting contracts that in the current practice of the Social Security Organization and the claims assessment boards of this organization there is no precise and logical criterion for calculating the contract premiums. This situation has become one of the most contentious issues in the branches of the Administrative Court of Justice and the vots of many claims assessment boards are violated for various formal and substantive reasons, which require serious attention. So this question has been answered: What are the most important challenges and causes of violation of claims in the branches of the Court of Administrative Justice? In answer to this question, using the research method descriptive-analytical, the most important results are as follows: First, there are various challenges, such as how to calculate and obtain premiums, the composition of claims assessment boards, and the determination of premiums based on audits of financial offices. Secondly, these challenges indicate a lack of indicators, principles and conditions governing the receipt of premiums in the relevant legal documents that need to be corrected.

In a system of administrative decentralization, the central government delegates the right and authority to the local or professional institutions to make decisions. In our country, the government authorities are delegated to local institutions in the form of the Town and Village Councils and delegated to the Public Non-Governmental Organizations in specialty matters. Given that the Social Security Organization is run as a public non-governmental organization in the system of administrative decentralization framework and provides social security public services instead of government, it is essential to examine the requirements of the decentralized administrative system in the structure of this organization. In practice, it can be seen that some of the requirements of the administrative decentralization system in the social security organization are not properly met. In this research, after introducing the system of administrative decentralization, its requirements in social security organization have been studied and analyzed

The access of state-owned employees to state funds and funds, which stems from employment and employment, has led the legislature to prohibit the use of unauthorized use of property and public funds and criminalize the crime of illegal seizure. The Social Security Organization is also included as a public non-governmental organization, which receives huge funds from a premiums payment, subject to this regulation. This research, using a descriptive-analytical method, seeks to consider the inclusion of Article 598 of the Sanctions Act in relation to the social security investment company known as Shasta. The legal personality of the subsidiaries and affiliates under the control and management of the holdings, the investment company and, ultimately, the social security organization, indicates that Shasta is a non-governmental public institution and therefore, in accordance with the statute of the organization and the law of general calculation, any use Unauthorized access to the property and funds of the Social Security Organization, in particular through the insurance rights of individuals affiliated with the organization, will result in criminal liability arising out of unlawful seizure of property and funds

By examining the category of social security, Challenges like how to manage SSO, or how to determine the duties of the main trustee, its administrative and financial independence have also been discussed. However, in designing social security management system, the participation and supervision of employers and the insured can and should be used. The main purpose of this study is to explain the extent of the government’s intervention in the SSO, by emphasising its administrative and financial independence. Based on descriptive-analytical studies, the present results of the research show that the main structure of social security laws and regulations, has emphasized the participatory structure of the Social Security Administration, but over time, there have been changes in the selection, number and functions of these pillars. Meanwhile, what is quite noticeable, especially after the victory of the Islamic Revolution, is the government’s presence in the field of social security and its increasing role in the field of security and welfare. Also for some reason, despite the explicit text of the law, the administrative and financial independence of the organization is violated by the government and is sometimes ignored. This issue is due to the existence of defects in the laws and regulations related to the administrative and financial independence of the organization, as well as the existence of problems and challenges in the implementation of some laws by the government. Therefore, the organization is in a situation that needs to restore administrative and financial independence.

The outbreak of coronavirus has caused c psychological insecurity for all citizensVarious agencies and institutions have put a wide range of measures on the agenda to deal with this deadly virus. One of these important institutions is the Social Security organization, the purpose of the present study is the policiesof the Social Security Organization to protect the insured against the effects of coronavirus. Research Method In this research, the analytical method is descriptive. In this article, first the concepts of Social Security Organization, Corona virus and the insured are discussed, then  theoretical foundations of the Social Security Organization's entry to deal with the effects of Corona virus are discussed, and finally the actions of the Social Security Organization to deal with the effects of this virus on insurance. The victims have been examined. The results show that the Social Security Organization, in order to achieve high human goals, including, creating security and tranquility in life and with the tasks that it has to improve the living standards and social welfare of society, In order to reduce and deal with the effects of the corona virus, the current corona situation can be an example of the state of emergency subject to Article 79 of the Constitution and is also included in the crisis situation of the crisis management law, several measures have been put on the agenda in order to control the spread of the disease and break the chain of transmission.

Today, due to the powers of the executive bodies, litigation between the people and administrative authorities is common, due to the internal nature of these institutions, there is always the possibility of abuse of authority and disregard for the rights of clients. The multiplicity and diversity of these authorities in the Iranian administrative system has made it impossible for all of them to compile a single version for optimal trial and pathology. One of these authorities is the Board of First the Appraisal, which recognizes the claims subject to Articles 42 and 43 of the Social Security Law, which are the authority of the employer to object to the insurance premiums awarded by the Social Security Organization. It is the workers 'insurance premium, but the employers' rights are worth considering as a two-way relationship. A study of the executive regulations and instructions shows that in some cases, administrative proceedings in authorities are in accordance with the principles. Fair trial is not consistent, so by providing a favorable model, the shortcomings of the trial in these authorities can be reduced. The research method in this research is descriptive-analytical and in the collection of resources, the library method has been used.

The Social Security Organization, as a public and non-governmental organization, is committed to protect the social security rights of individuals. The organization was established under the Social Security Act of 1354, and is responsible for the implementation and expansion of various types of social insurance, according the Article 1 of the Social Security Act. Of course, this is not the sole purpose of this organization, but in its macro-vision it aims to create social well-being for all society. Social security rights are considered as one of the new courses in the field of public law. In carrying out its duties and authority, the organization sometimes adopts decisions in the form of regulations and directives, which, according to the jurisdiction of the General Board of Administrative Justice Court, can be appealed to the Court. The new approach of the Administrative Justice Court suggests that this Court, in many respects, has considered certain protective rights besides the status of this organization in invalidating the Social Security Organization's approval, and as a result, in invalidating the decisions under appeal. This paper reviews some of the Tribunal's rules in invalidating the Social Security Organization's approvals along with supporting the social security.

Social Security Organization (SSO) is regarded as one of the most important social and economic institutions for its effective role in protection of labor. In the past decades, it was keeping balance between SSO’s incomes and costs that constituted the main concern of the SSO officials. The problem of contractorship premiums has been one of the main legal challenges the SSO has experienced with its premium-payers. Since 1370, SSO by issuing the Directive 149 provided for some fixed rates for non-state projects that caused a serious legal challenge between SSO and economic actors. By landmark judgement of 1378, Administrative Justice Tribunal (ADT) solved the problem in favor of SSO. Contractors who were not satisfied with the judgement raised the externalities originating from the Directive before legislatures, and since 1384 were able to cause some legislations aimed at reforming SSO practices to be enacted. However, SSO, has continued to insist on its previous position by raising some legal scepticism. This article, shall seek, based on legal and economic foundations, to study the SSO practice and its judicial confirmation by ADT from a critical point of view.

The Social Security Organization, according to The List of Non-governmental Organizations and Public Institutions Act, is a non-governmental public organization. It currently supports about 33 million workers, retirees and their families. Always there is alignment among the main objectives of social security and economic objectives of the country. All the factors that effect on economic and industrial activities have an impact on resources and costs of the social security organization. All of this has led to importance of the social security issues, including relative laws, regulations and decisions, and attract the attention of many people. Among these decisions can be pointed to two recent decisions that have been issued by the Board of Administrative Justice Court regarding to appointment of the Director of the Social Security Organization. These decisions showed the importance of the public law’s issues in the community. Although usually taken journalistic analysis in conjunction with the decisions and it has been politically, but it is necessary to criticize these decisions by the perspective of public law. In this paper we have attempted to discuss these decisions simply legal perspective, with emphasis on issues of public law from both formal and substantial aspects.