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

The legal system of the Islamic Republic of Iran, with the aim of protecting workers and guaranteeing minimum benefits and job guarantees for workers, in many important cases has accepted government intervention in the relationship between workers and employers and limiting the will of the parties in concluding, managing and terminating contracts. Ensuring the "job security" of workers is addressed in these steps. However, according to the basic rule of Sharia, contractual freedom is considered as one of the original Islamic systems and the consent of the parties in employment contracts is considered correct and necessary. The present study seeks to answer the question with an analytical approach, whether from a jurisprudential point of view, the government is obliged to provide job security for workers or whether the role of the government is evaluated differently? The findings indicate that the protection of employed workers by ensuring their job security should not be at the expense of harming the employer, the workshop and jobseekers, but the government is obliged to protect the workers' employment security, rather than trying to ensure their job security.

One of the basic rights of labors is to enjoy job security. This right is threatened in the pregnancy status of female labors who change from employment status to maternity leave. International labor law and EU law, in order to protect this right, have laid down appropriate rules and regulations to prohibit the termination of contracts of women labors and to protect their employment during pregnancy and childbirth. In labor and social security law of Iran, despite the existence of relatively appropriate regulations in this regard, unfortunately, judicial procedure of administrative court of justice has not been formed to ensure the job security of these labors. The present study, by using a descriptive and analytical approach, while explaining the position of international labor law and EU law, has evaluated the issue in labor law of Iran. The result is that according to the evidence presented in this study, the maternity leave period is inherently matches with the suspension of the contract, and therefore in this period the employer has no right to terminate the contract and it is pointless to count this period as part of the employment contract. Also, the Predict the right of termination for the employer or the condition of termination of the contract in case of pregnancy of the labor, has no legal validity.

Despite the various benefits of Artificial Intelligence in human life, the world has witnessed the adverse effects of resorting to it, in various areas, include the breach of right to work and work security of poor and vulnerable people, due to automate some jobs. This situation can lead to breach of the right to work, as a fundamental human rights. But according to the International Charter of Human Rights, governments not only have a duty to enforce and ensure the right to work, but also must refrain to obstruct the process of exercising theses rights. Therefore, the main question is about the solution which can be find to resolve the conflict between, the benefits of Artificial Intelligence on one hand and the right to work and job security, on the other hand. It is certain that, given the obligations of states about the enforcement of right to work, they should provide welfare and new job for the people that have lost their job due to automation and provide facilities to establish necessary training about AI in order to increase the productivity of this new technology in the community.

Job security is one of the most important issues in the field of work relations between workers and employers. Based on this, considering the inherent inequality between the parties of the labor relationship, i.e. the worker and the employer, labor law regulations should take steps to ensure job security. The analysis of job security in the light of Iran's labor law can be examined from two aspects: the first discussion is the issue of temporary employment contracts, and the second axis of discussion is the issue of firing workers, which must be done according to certain formalities. According to the ambiguities in the labor law and the differences in the inferences in the articles in question, the Administrative Court of Justice, as a judicial supervision authority, sometimes in the capacity of issuing unanimity votes by the general board and sometimes through its branches, takes steps to develop procedures on the issue of job security. has done The results of this research show that the situation of job security in Iranian law is seriously compromised. The research method in this study is descriptive-analytical and library method was used in collecting sources.

To safeguard job security of workers against arbitrary dismissal by their employer on the one hand, and the possibility of exercise of the right of unilateral termination by employer in some cases, on the other hand, and mode of reconciliation between these two apparently conflicting goals has always been one of the most challenging issues in labor law. Achievement of the best solution in this regard might seem quite challenging; However, a thorough analysis of the basis and criteria which underly justified dismissal on part of employer might help achieve the preferred solution. Therefore, in the present study, we seek to provide an answer to the question of determining the preferred standard governing the employer’s right of unilateral termination. As the conclusion of our analysis, application of standard of “Fair Dismissal”, which, as a general rule, governs other rules and regulations regarding the right of termination of employer, is preferred. Accordingly, courts should on a case-by-case basis, determine whether the dismissal accords from formal and material point of view with requirements of fairness or not and thus base his decision as to its validity accordingly.

In a broader sense, job security entails establishing a comfort zone in the employment process, fulfilling duties, and extending the employment contract. Regarding the labour contractual parties, job security is presented in such a way that each party, in addition to profiting from the contract's implementation, has relative peace of mind in terms of contract extension. When a worker has job security, they can perform their duties with confidence; the employer should have this security as well in order to provide the optimal conditions for the worker's desirable employment. Despite its importance, job security has been under-represented in regulatory frameworks. The laws that have been enacted in this regard have serious flaws. Resolving ambiguities in laws necessitates a clear interpretation of judgments, which is the responsibility of the regulating authority (the Islamic Consultative Assembly). It appears that, given the current lack of explicit and clear laws in this area, it is necessary to rely on judicial decisions to extract a unified procedure so that there are fewer conflicts of judicial decisions and workers can enjoy a relative comfort zone in temporary labour contracts. Unfortunately, the enactment of fragmented laws in this area has given employers the upper hand, so in newer laws such as the “Law on Removal of Production Barriers”, the “Law of Regulating Part of the Regulations to Facilitate Iran's Industrial Modernization”, the “Third Plan Law”, and so on, layoffs and terminating worker employment contracts are predicted in such a way that workers have no chance of objecting. Furthermore, a review of Administrative Court of Justice decisions shows that job security in temporary labour contracts is somewhat supported, but there are some conflicts in decisions and adopted procedures. Thus, while the role and position of judicial procedure in terms of job security cannot be overlooked, a study of the decisions of the Administrative Court of Justice's general assemblies revealed that no unified procedure can be extracted from the Court of Justice's decision in terms of the subject at hand because there are conflicts among the Court's decisions from different periods.

For years, there has been a need to draft a bill and then pass a new law in the Iranian press. The most important concerns of the country's press community about freedom of the press are the formation of a journalists' union, the closure of the media and the detention of journalists. At this point in time, good news about the drafting of a new press bill has caught the attention of journalists and journalists and the press community, but they hope that the bill will address more of their union problems and ban issues such as detaining journalists. Media as well as problems such as insurance and retirement of journalists to be eliminated. It remains to be seen to what extent the new bill seeks to address these concerns and how much job and psychological security is provided for them. In this article, we will address this issue in detail.

The welfare of groups at risk, including staff engaged in the fight against trafficking in goods and currencies, as one of the social prevention strategies can play an effective role in preventing the occurrence of trafficking-related offenses. Given the economic nature of the crime of trafficking in commodities and currencies, the amount of public and welfare services provided by the government and the sovereignty of these employees can be important factors in preventing crime. When citizens are not afforded an equal opportunity to benefit from economic conditions, behind the circuits and administrative laws and regulations, favorable environments for rent-seeking, bribery, and corruption emerge; Fighting will be handicapped. Changing social, cultural and economic conditions, as well as combating the psychological factors of crime, are at the core of social prevention. This has been emphasized in various regulations and even the constitution. The present article seeks to examine "economic well-being" as one of the social prevention tools for trafficking in foreign exchange and its place in the countrychr('39')s criminal justice policy in the light of high-profile documents, including constitution and policy

Job Security is one of the supportive aspects of labor laws that has always been the subject of labor disputes. Legal scholars and trade unions have often advocated this as an inalienable right for workers, and economists and employers see job security as an obstacle to production and employment, and one of the factors that reduce productivity. One of the most important ways of securing a job in many legal systems is to protect workers against repeated fixed-term contracts in continuous work that can be accomplished in different ways. The present study uses descriptive and analytical method in addition to examining different approaches to job security and expressing its autonomous opinion, namely the legal-economic approach to the issue of job security and examines legal solutions to achieve the desired pattern of protection against fixed-term contracts and to regulate the turbulent state of job security in the country. Using the capacity of Note 1, Article 7 of the Labor Code, taking into account economic considerations as a short-term solution, as well as amending the Labor Code by organizing temporary labor contracts by setting time and number limits and accurate determination of the permissibility of such contracts in addition to facilitating layoffs as a long-term solution is one of the most important results of this study.

Human is social and has social bonds to fulfill his needs and achieve goals, he is obliged to follow commitments and human and social contracts. Of these contracts,are job contracts between employer and employees. Having a secure and safe job and undergoing contractual interactions andattempts to strengthen these interactions and safety of contracts, is the main requirement to fulfill human needs. In the analysis of job security, contract is of great importance. Regarding writing a contract and terms of form, jurists have various opinions; some consider it oral and some written. This article aims at analyzing the form of contracts among jurists and their disagreements in regard to oral or written forms of contracts. It has been tried to explain their reasons. It is also mentioned that the agreement should be completely clear, rationale, and without any obscurity, written contracts would be safe and secure for the employer and employee.

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 .

Employment security as the most important qualitative aspect of a job is the main tool of income security. Employment security as a socioeconomic and statistical concept is a relatively new concept in political debate and in the academic field. This term has not been comprehensively and precisely conceptualized. This concept is often used as a synonym for job security. Although the concept of employment security is related to the concept of job security, it is not entirely the same. Conceptualizing employment security, the current study examines how employment security is assessed by identifying its indicators at different levels. Even though the indicators presented in this paper contribute to the evaluation of employment security, they lack coherence, integrity and universality. Therefore, in order to assess the employment security in labor market, and consequently, labor law, the existence of an organized and comprehensive approach toward employment security is essential.

Deducting Legal and juridical issues from the Qur’ān, interpreting the Qur’ān, and Qur’ānic based juridical researches depend on practical and theoretical bases.ý Occupation is among juridical and legal subjects which are noticed in the Qur’ān. ýJob security is one of the aspects of occupation. This paper explains the Qur’ānic verses and juridical notions associated with job security and describes the relations between them. Moreover, this paper will clarify the origin of the job security in the Qur’ān through investigating the role of job contracts, contract period, wage, and job satisfaction in acquiring job security. ýWe can pose some Qur’ānic verses like "Keep your agreements", "... on condition that you hire yourself to me for eight years", and "Had you wished, you could have taken a wage for it," as the bases and grounds for job security. ýDespite the fact that jurist's perceptions differs from those arguments to some extent, still, each argument explicitly can be regarded as a testimony to the eminence of the job security in the employment contracts.

The independence of judges beside their impartiality is significant guarantees in insuring a fair trial. The independence of judges calls for their full liberty to issue a judgment taking into account only the relevant facts and laws, without being under inappropriate intervention and pressures from other governmental or non-governmental agencies. It requires a system in which selection, employment and promotion of the judges are all designed to secure their full job security.  A careful examination of the relevant laws and regulations would reveal the fact that despite one century of the legislative history, the independence of the judges has not been appreciated as such.