جستجوی مقالات مرتبط با کلیدواژه « employee » در نشریات گروه « فقه و حقوق »

The lifestyle of an employee is an important pattern of human behavior coordinates in the field of employment. Religious and jurisprudential orders and the system of behavioral preferences based on jurisprudential rules are the basic, firm and important factors in the lifestyle of an employee after the set of paradigms and Islamic intellectual foundations to guarantee the implementation of this matter. This research has been done with an exploratory approach and with the aim of discovering and identifying of jurisprudential rules and principles and the jurisprudential requirements based on them, as well as presenting a view of the desired situation and Islamic orientation. In order to describe and explain the ideal quality of employees' lifestyles, with an emphasis on Imami educational jurisprudence, the documentary research method and the statistical community of Islamic and jurisprudential texts, as well as the conceptual analysis technique, have been used. The findings of the research indicate that the set of actions of Muslim women employees in the field of lifestyle includes the requirements and behavioral principles of in relation to themselves, God and others and in work and family relationships. In the meantime, religious knowledge and educational jurisprudence will also play the role of the source and determinant of Sharia educational prescriptions in explaining the general and specific principles of women's employees.

One of the subjects that are usually discussed by the lawyers at the beginning of the public employment issue is discussion about "legal nature of public service" and in this area, has been a lengthy discussion between lawyers of Administrative law. Accordingly, some of the lawyers, introduce the relationship between employee and government as a "contract" and others introduce it as a "unilateral legal act" and many of them introduce it as a relationship based on "law".The findings of this study show that due to the various missions of the executive bodies, it is not possible to use a single nature in justifying employment relationships. Accordingly, formal employment and command status is an administrative unilateral legal act; Contract employment, employment under the labor law, and employment of specialized retirees is an administrative contract for the rent of persons, and part-time employment is a private contract for the rent of persons.

Dismissal of workers is directly related to their job security, human dignity and income. As such, legislation on this issue is very important. In view of Australia’s mixed economic system, labor laws are supposed to keep a balance between economic growth and labors’ rights. Using a descriptive- analytical method, this paper studies Australian law on worker dismissal and compares it to regulations of the International Labor Organization (ILO). The main question of the paper is what types of dismissal are considered unfair in Australian law and to what extent the labor regulations of this country have complied with ILO standards?  In terms of compatibility with ILO standards, and based on the statistics presented by labor groups and the Fair Labor Commission, it can be concluded that Australia’s labor regulations are one of the most advanced in the world and can be a model for other legislators.

The increase in the volume of cases raised in labor dispute resolution authorities has led to the development of alternative dispute resolution methods. Accordingly, considerable emphasis has been placed on resolving disputes arising from labor relations in international instruments and the laws of some countries. Despite the Iranian legislature's efforts to provide for some alternative methods of resolving labor disputes, arbitration has not been specified. Using a descriptive-analytical method, this study seeks to answer the questions of whether the inclusion of an arbitration clause in the employment contract is necessary and whether such a clause is allowed in the Iranian legal system? According to the findings of the present study, although the Iranian legal system has taken a positive approach to alternative dispute resolution methods, but the inclusion of arbitration in employment contracts in the Iranian legal system, for the reasons that will be addressed in this study, including It can be pointed out that the benefits of arbitration are unfavorable compared to the current method of handling labor disputes, as well as the numerous challenges of referring these disputes to arbitration, especially for workers, without the necessary justification and desirability.

The present study was conducted with the aim of investigated job independence and dignity of job and employee on Pro-Social Rule Breaking with the mediating role of Assertiveness among Tabriz judicial staff. This research is applied in terms of purpose and descriptive-correlation in terms of method. There were 878 people in the statistical population of Tabriz justice researchers who were working between August 1st and October 2021. The statistical sample size was calculated using Cochran's correlation and 268 people were selected by stratified random sampling. Data were collected through a questionnaire. In order to ensure the existence or non-existence of a causal relationship between the research variables and to check the suitability of the observed data with the conceptual model of the research, the research hypotheses were carried out using the structural evaluation models of the test. In this research, structural equation modeling and the method of least square test (PLS) have been used for hypotheses and model fit. Examining the fit indices of the model indicates that the structural model of the research is in a good fit state. The research showed that job independence and dignity of job and employee have a significant effect on Pro-Social Rule Breaking and Assertiveness. Also, boldness has an effect on Pro-Social Rule Breaking, and Assertiveness plays a mediating role in the effect of job independence and job and employee dignity on Pro-Social Rule Breaking.

The principle that loss must be compensated by the one who imposed it, is agreed upon in almost every legal system. The crisis management organization (CMO) establishment act forces the government to compensate the losses due to the natural disasters (as an instance for crisis) against the people affected. However, all damages due to natural disasters are not caused by government performance and thus it could not be assumed as civil liability in the exact sense of the word. It is rather a legal enforcement in order to perform its role in the response and recovery stages of the crisis management process, based on which the government is responsible to prepare the minimum requirements needed for improving the quality of lives of the affected community. In case that the government fails in performing its role in any of the four-staged crisis management process, which results in any damages or loss for the people in the affected community, and if this is due to any shortage in the facilities or equipment provided, it is the government that is responsible for compensating the loss.

Employment Relations, like other areas of human life, are affected bynatural disasters and social, economic, and political necessities. In anefficient legal system, following the various emerging situations, it ispossible to apply measures that can meet the event's needs based on legaland possibly contractual provisions. The covid-19 pandemic can beconsidered a natural and, of course, not very predictable event that affectedvarious aspects of the country's political, social, and economic life. Thisepidemic in Employment Relations has a severe and destructive effect, suchas the forced reduction of working hours and the disappearance of jobopportunities. Under a descriptive approach, this report first deals with thelegal analysis of the Covid-19 pandemic and its impact on the employmentrelationship. Then, according to the potential of the Iranian legal system,including the situations provided in the labor law and social security law, thesolutions and legal necessities governing this situation will be providedaccording to the different related parties, including the government,employees, and employers. In addition, the rights and duties of each will beexplained.

Prison punishment, its principles and effects are the subject of criminal investigations. However, this punishment can have effects on the field of employment law that have not been well received by researchers. Is the right to employment and finally his entry into government service or not? And whether the punishment for that punishment during the employment relationship of an employee is effective in maintaining that relationship or not? Thus, in addition to the possibility of affecting those who volunteer for government service, the actual punishment affects many actual employees, their legal rights and benefits, and their families. In the present study, through the study of libraries and descriptive-analytical method between criminal and public law trends, the basics of imprisonment in criminal and administrative texts are examined and then its effects on employment law, including the rights of candidates to enter The service as well as the employed staff have been reviewed. In this regard, it has been found that general employment texts do not directly address the effects of imprisonment on employment rights, and in contrast, some specific employment texts, such as the laws and regulations of the armed forces, are more explicit. Senior managers and staff, judges of criminal courts, the general public volunteering for employment, as well as employees and their families can benefit from the findings of the present study.

In the unanimous decision No. 798 of the General Assembly of the Supreme Court, the employees of private banks, including public service agents, are considered and their seizure of the bank's property and funds is considered illegal. While this criminal behavior can be attributed only to those who have the description and characteristics provided in Article 598 of the 1375 (1996) Islamic Penal Code. Because, the description of "public service agents" mentioned in the mentioned article and other articles of the criminal law, only includes the agents mentioned in the "Law on Trial and Punishment of Public Service Officers approved in 1315 (1936)". The repeal of this law has no effect on changing the concept and examples of this group of employees. Undoubtedly, the legislator has paid attention to that law in all legal articles before 1394 (2015) and has not considered any other concept or example until this date. The meaning and examples of this phrase are clear and there is no ambiguity in it and there is no way that the court, in the position of providing a correct interpretation of the law, can issue a unanimous decision on it. The law is silent about the employees of private banks and the employees of the private sector in general, and based on the principle of legality of crime and punishment, in the silence of the law, there is no place for the Supreme Court to provide an interpretation, but the legislature must assign a task on such an issue. In such cases, the court must base its decision on a verdict of innocence for a unanimous vote to provide a basis for substantive legislation. Therefore, it is not possible to interpret and infer from the phrase "public service agents" a concept and example other than those mentioned in Law 1315 (1936).

In addition to the duties and responsibilities of the employee, the connection of the person with the office in the form of an employment relationship also leads to the enjoyment of rights and benefits. These rights and benefits include material and immaterial rights and benefits. Some immaterial rights and benefits can have financial consequences for employees; For example, although the benefit of leave is part of the intangible salary and benefits, in some cases and under certain conditions it can be paid in the form of cash to employees. In general, those material and immaterial salaries and benefits that lead to the payment of money to the employee are in the form of "employee's financial claims from the office". In case of dispute or non-payment of these financial claims, the employee can file a lawsuit in this judicial authority in accordance with paragraph (3) of Article (10) of the Law on the Organization and Procedure of the Court of Administrative Justice. Apart from the issues related to the issuance of votes in the primary and appellate branches, the implementation of this category of votes has always faced challenges. This descriptive-analytical paper seeks to explore and identify these challenges in the above area. The findings of this study show the ambiguities in the materials related to the implementation of provisions in the law of organization and procedure of the Administrative Court of Justice, enacting laws in the field of creating direct and indirect financial rights and benefits for employees without funding, issuing general and ambiguous votes by branches. The Court and the non-adherence of the executive bodies to the rulings issued by the Court are among the challenges in the field of implementation of this category of rulings.

Commercial secrets are of economic value and not available to the general public, and reasonable efforts have been made to safeguard its confidentiality. In some cases, after the termination of the employment relationship of the former worker or employee, he or she is the cause for disclosure of the commercial secrets. This study, by studying the concept and the nature of commercial secrets and disclosure of commercial secrets responsibility, investigates the civil liability of commercial secrets disclosure by the former worker. The paper uses a descriptive-analytical method and benefits from library sources. As the finding of this paper  the author concludes that the commercial secrets are defined as a sort of wealth  or property and the access of the former worker to commercial secrets is a kind legal religious trust which can’t be denied and if  the former worker (or employee)  discloses commercial secrets, the base for his or her civil liability for the disclosure of commercial secrets and quality of distributing liability  can be determined by benefiting from the principles of liability such as: usurpation, destruction, unjustified ownership or enrichment, deception and  the liability  for damages.

In the Iranian legal system, social insurance, especially the retirement of hard and harmful jobs, is not concentrated in a single organization, and different legal systems are provided for different social groups. University staff are among the groups that follow specific employment regulations. This article first discusses the concepts of retirement, early retirement, and hard and harmful jobs. Then, the necessity and theoretical foundations of early retirement in hard and harmful jobs have been examined, and finally, various legal systems for early retirement and the opinions of the General Assembly of the Court of Administrative Justice related to the issue have been reviewed.The results of the research show that despite the follow of the universities from the special employment regulations approved , all non-scientific members of the universities are subject to the law on retirement of veterans and ... approved in 1988.General Assembly of the Court of Administrative Justice related to the issue have been reviewed.

In terms of legal status, 'workers' and 'employees' jobs are indicative of "subordinate labor", which, despite some similarities in dual legal systems, have certain conceptual features, and thus recognizing and distinguishing their examples have significant practical implications. Among the similarities between these two legal situations, one can mention personality similarity, wage compliance, and order compliance. But in distinguishing these two terms, one must keep in mind the differences and specifications of each. The nature and basis of the employment are absolutely legal, but the basis for the formation of the worker-employer relationship is the contract. The basis of employee's compliance with the orders of supreme administrative position is the principle of administrative discipline, but the basis for the worker's order compliance is the economic risk of the employer. Finally, the recruitment of an employee is possible only by the administration and with full compliance with the legal terms and conditions of public employment, including the conduct of the public employment examinations. However, employing a worker and concluding a contract is not limited to the administration and is done by the consent of the parties.

Termination of employment contract is one of the most important sections of a labor contract. Because, how an employment contract terminates is related to fair distribution of job security. Also the quality of termination of an employment contract has a strong relationship with efficiency theory. Therefore, legislator in developing a legal system governing the termination of employment contract, must challenge to maintain distributive justice and efficiency while establish a balance between them. In the present paper, we intend to explain how to ensure distributive justice and efficiency and to establish a balance between them in developing a legal system governing the termination of employment contract with respect to Iran's labor code and moreover, we will see that due to wide- spreading use of temporary employment contract and the risk of not renewing of the mentioned contracts at the end of work, permanency of labor contract principle, and hence fair distributive of job security has been altered. Also complexity of formalities of firing workers has destroyed the efficiency and moreover, caused the lack of a balance between efficiency and distributive justice in termination of employment contract ways .

Iran and France Labor Laws have predicted a period called probationary period to enable employee and employer to conclude work contract after complete evaluation. Time of this period is 1 month for novice and armature employers and 3 months for professional workers. This is while France labor System has considered this period 2 months for workers, 3 months for foremen and 4 months for supervisors. The common point of Iran and France labor laws of probationary period is that each party can terminate contract during, after and at the end of this period. The only difference is that unlike Iranian labor law, France labor law does not consider pre-informing and premonition as the term of dismissal while and at the end of probationary course. The present investigation studies different aspects of probationary period in Iran and France Labor Law.

In the old law the government had no civil liability and gradually through legal regimes mentioned this responsibility. In Iranian law، civil liability of government is proposed apparently in Article 11 of the law of civil liability that was adapted from old theory of the 19th century in French. However، the analysis of aforementioned article shows that the government''s civil liability simply is not acceptable. Whereas، today in France and other countries law، government''s civil liability has been proposed as a principle. And not only personal responsibility، but the responsibility resulting from act of other and liability of act of objects has been accepted for states. Government’s liability for the acts of the legislative and the judiciary has been proposed. In Iranian law، in the current status، the principle of separation of powers، design acceptance of government’s liability for the acts of others faced of making with the difficulties. On the other hand، a bill was introduced in this context If approved، that would be resolved somewhat defects of Iranian law but the bill was ignored، that will examine in this paper.

There is a history behind the strike as a collective protesting act against unpleased conditions of working. This phenomenon is derived from the inequality of the contract of work’s parties and lack of appropriate mechanisms for solving the disputes; both Employers and governments would prohibit and quell this social phenomenon. It is just less than a century that this “right” has been legally recognized. However, some systems has not recognized strike yet as a right; they have considered it as an act having some legal immunities which might led to responsibility in some situations. Nevertheless, legal systems have not had the same approach toward strike and legal regime of its recognition, conditions, procedure of implying and its restrictions. Regarding the differences in political, economic, social and legal systems in different states, this sort of varieties might be regarded totally normal. Accordingly, France and Britain as representatives of maximum and minimum approaches have had different stances toward this phenomenon. Understanding of these differences would have effective results for the systems such as Iran that are in period of recognizing and regulating this right.

The most common methods to help injuries of professional illness and work accidents are methods based on system of Social security. Plus, these manners it is possible to reference to responsible person. This subject is anticipated in article 66 of Iran Social Security Act (S.S.A.). Thematic and personal domain’s, determination of this article is important considering its special tools. There are disagreements between jurists and practical procedures in determination of its domain. These disagreements rise of challenge between supportive function of social security system and specific tools anticipated in article 66 S.S.A. Being specific of these tools cause district and limited interpretation. Reference of S.S.O. to responsible of accident depends to realization of three conditions: payment, compensation being, existence of fault. This subject has formalities which have ambiguities and objections. Such as, mode of reference of   S.S.O. in subjects that link with provisions of blood money.

Individuals, who are employed in executive system or governmental jobs, may have no scientific and practical qualifications. In this case, substantiation of an efficient and qualified official system through absorbing and employing elites will not be possible. Hence, public services management law has predicted that all individuals who are qualified to be employed in official employment, should spent a period called personnel’s probationary period, for 3 years. During this period, all needed trainings are taught to employee. If conditions including: competence, creativity, skill, sprit of servicing people, innovation and … were observed in the employee and he was able to gain needed scores, then his probationary official employment will change to firm recruitment with confirmation of selection. These employees are considered as official employees, enjoying complete wages and benefits like official employees. The only difference is that these employments’ condition is unstable. Since if ,while or after probationary period or even at extension time of period for two years, the employee has not found qualifications to change into official employment, then his condition can change into contract employment or his employment certificate can be canceled. Present investigation examines different aspects of probationary periods in public services management law.