جستجوی مقالات مرتبط با کلیدواژه "employment rights" در نشریات گروه "فقه و حقوق"

Employment rights are the set of principles and rules related to entering government service, the rights and benefits of employees, including material and spiritual benefits. On the other hand, nowadays, citizenship rights, which have been discussed in connection with citizenship, are fundamental discourses in the administrative system, and based on this, the employees as well as the audience of the administrative system should enjoy citizenship rights. Due to the possibility of violation, limitation and misuse of these rights by the authorities and administrative bodies, the authority to protect these rights, according to Article 173 of the Constitution, is the Court of Administrative Justice. The Court of Administrative Justice plays an important role in the protection of employment rights in its various dimensions through judicial supervision and procedural development. The results of this research show that the judicial procedure of the court in the protection of employment rights is rich enough. The research method in this study is descriptive-analytical, and the library method was used to collect the sources.

Some consider buying and selling a filter breaker a crime, citing Article 25 of the Computer Crimes Law, but it is not included in this clause because using a filter breaker is not only for committing a crime. The purpose of this research is to criminalize filtering regarding the right to employment and business using existing platforms according to Iranian law and international documents and the hypothesis is that; How effective is the criminalization of filtering for people who use the platforms for business. In Article 28 of the Constitution; People have the right to choose a job that is not against Islam and public interest and it is the duty of the government to create the possibility of employment under equal conditions for everyone and similar to Article 23 of the Universal Declaration of Human Rights, which states the right to work, fair and satisfactory conditions and also Article 6 of the International Covenant on Economic, Social and Cultural Rights, which states parties Covenants should recognize the right to operate freely for businesses and take appropriate measures And the laws and policies related to the filtering of business platforms should be in such a way that information is realized in a comprehensive way. And the religious and cultural organization of the nation will also be protected. The research method is descriptive-analytical and using library method.

Having an efficient system of administration is considered a priority in every country. Planning to achieve such a system in any society brings about various experiences. Several measures have been taken in Iran as it is emphasized in the constitution; however, achieving the desired perfection is influenced by several factors including the degree of free access to the employment facts and instruments. Furthermore, one group of the administrative instruments closely associated with the right of citizenship is the facts and instruments concerned with employment. For this purpose, the present study investigates the status of the right of having free access to employment instrument and facts using an analytical-descriptive methodology. The findings of the study in investigating the confidentiality system of rights in Iran indicated that instruments and facts concerned with employment is not included in “the law of publicizing and free access to facts”. But the requirements of the characteristics of this ministry in the field of security, Keeps employment instruments and information confidential and out of the reach of the public. Nevertheless, should be considered at the level of necessity and minimum in confidentiality to consider the rules of free access rights for beneficiaries in the rules of free access to facts.

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.

Changes in the social and economic conditions of the country and the relocation of labor in different areas of work have made it necessary to transfer insurance records between the Social Insurance Pension Fund, which serves different segments of the work. Transfer from one pension fund to another, either voluntarily or involuntarily, has many implications that can be seen in terms of employees' employment rights and the interests of the bureaucracy. In this area, in addition to legal texts, the review of the rulings of the Court of Administrative Justice is of particular importance. The main purpose of this study is legal analysis of the possibility of changing the pension fund in the Iranian administrative system by looking at the procedure of the Administrative Court of Justice. Due to the special nature of legal studies in this article, a descriptive analytical method has been used. The results of the research show that due to different legal conditions, the transfer of insurance records from one fund to another is faced with limitations and obstacles. Examining the scattered laws and regulations in the field of transferring insurance records and looking at the procedure of the Administrative Court of Justice shows that the main issue in this field is the possibility or impossibility of transferring insurance records. In various texts, what is considered as the initial state in changing the pension fund is a forced change as a result of matters such as changing the service device, and in limited and exceptional cases, the voluntary possibility of change has been recognized. Another important point in this regard is the determination of the person responsible for paying the difference in insurance premiums that are transferred between the two funds, which is doubly important due to its importance. This task is in some cases the responsibility of the beneficiary and in some cases the responsibility of the government. In view of the above-mentioned points, it seems necessary for the legislator to adopt a unified procedure regarding the transfer of insurance records in a way that solves the problems of the insured and the funds.

From time immemorial, “sexual minorities” have been a reality in human societies. In the field of law, in the light of human rights developments, this “old” category has become a “new” issue. In the modern sense, law seeks to create a space for human “founders”, including “sexual minorities”. Among the rights of these minorities is their “employment rights” discussed in this article and using the research method descriptive-analytical, such a conclusion has been reached, first; The view of the Iranian legal system regarding sexual minorities is not one of “absolute acceptance or rejection” of their rights. Second; No employment document specifies whether such citizens are prohibited or allowed to be employed. Third; According to general legal documents, some sexual minorities, homosexuals, are sentenced to “death” according to religious rulings and under certain conditions. Therefore, they cannot be offered employment rights. Fourth; The Iranian legal system among sexual minorities only has a relatively positive view of the transsexuals and the legal documents do not prohibit them in terms of employment. Fifth; From a human rights perspective, the direct and indirect restrictions and prohibitions imposed on sexual minorities in the Iranian legal system are a serious challenge today.

In today’s world, women make up a large percentage of the population of any society. Women have become important actors in the social and political spheres of societies by promoting themselves in various dimensions, including education. Considering the transition of women from traditional tasks to the employment does not negate the important duties of wife and mother; so what is very important for working women is special support for them. Because working outside the home, along with doing marital and family chores, is definitely fraught with difficulties. And this requires the legislator to pay attention to this group. The question of this research is based on whether the legislator has considered a right in the law for working women with regard to citizenship rights? It is also assumed that the legislature addresses the need for special protections for women in Article 21 of the Constitution And in the ordinary laws, in some cases, it has also provided protections. The research method is descriptive-analytical and the library method has been used in collecting resources.

According to clause (3) of article (10) of Administrative Justice Court's code, public employees’ claims against administrative bodies regarding violations of employment rights are under The Court's juridictions. Even though The Public Services Code states them as one of the main formats of public employment in governmental bodies, contracts dont fall under the above-mentioned court's juridiction. As a result, an essential question emerges: what is the basis of Administrative Justice Court's jurisdiction in accepting claims based on contractual employment? To reach an answer, this essay intends to recognize a distinction between contractual employments and private contracts that are not under The Court's juridiction in accordance to the decision of its general board. The argument is that the employment's contract has a law-based nature. All conditions, consequences and regulations of an administrative contract are determined by the law. Any alterations to its content depend on enacting new provisions and finally, partie's consent is irrelevant to conclude an administrative contract.

According the laws and regulations, the public servant enjoys from employment rights. Although, some of these rights arise during the life of the servant, but it is possible that he didnt use them in his life and therefore, these rights are transferred to his legal heirs Also, there are some of the rights that basically have been considered for a person other than the public servant. Therefore, since the death of servant will apply for his successor. Given the importance of detailed explanation of the deceased servant's successor in employment claims, this research, based on the rules and regulations and also available jurisprudence, is looking for explanation this concept in Administrative Justice Court. the recent study suggests that the successors of the deceased servant about those rights that belong to him and have been established at the time of his life, are the legal heirs under civil law, unless the legislature have stipulated a specific mandate. But about those financial rights that are established after the death of the servant, the successors of those who will that have been mentioned in the laws and regulations of employment.