جستجوی مقالات مرتبط با کلیدواژه « employer » در نشریات گروه « علوم انسانی »

The current research was conducted with the aim of identifying the employment competencies of educational graduates from the perspective of view of employers. This research was applied in terms of purpose and was among the qualitative researches of Grounded Theory type. The participants of this research included 24 employers in the field of educational (interviewers for the Education recruitment exam, directors of non-state educational institutes, directors and recruitment officers of non-state schools, directors of kindergartens and preschools) in Birjand city. Data were collected using semi-structured interview and analyzed by Strauss and Corbin method and using MAXQDA-2020 software. In order to validate the research, two methods of member control and peer review or feedback were used. Consecutive review and comparison of data resulted in the extraction of 28 categories and 6 themes. Data analysis led to the formation of a sub-theory. The model shows that the focal variable is the process of education and teaching skills. The focal variable, under the influence of contextual and intermediate conditions, leads to the formation of the strategies of "being a lifelong learner", "research skills", "planning skills", "classroom skills and classroom management", "purposefulness" and "problem solving skills". became Finally, "increasing employability" was the consequence of this process.

Obtaining a guarantee from the worker in various forms, means and scales is one of the issues and dilemmas that unfortunately has become widespread in labor relations and is seen abundantly. This is even though such a matter has no legal truth and has not been recognized in any of the legal provisions. It should be noted that obtaining a guarantee is mainly analyzed in the space of private law and has no place in today's young and progressive labor law, which is examined and matured under public law and has distanced itself from the principles governing contract law and has identified its principles. The present descriptive-analytical research concerning the spirit governing the labor law and the principles of interpretation of labor rights such as "supportiveness of labor rights", "extended interpretation in favor of the worker", "the maximum of the worker's duties" and "determining the will of the worker in accepting the conditions Unfairly" and answers to this question: “what is the legal basis for obtaining a guarantee from the worker by the employer?” According to the hypothesis, it was concluded that the legislator's silence is not considered as issuing a license to obtain a guarantee from the worker. Therefore, the legislator must enter into the issue and provide a suitable model to solve such a problem so that the socio-economic aspects of labor rights are maintained; In such a way that obtaining a guarantee from the worker is not a means to intimidate him and is placed as a pressure lever in the hands of the employer to prevent the fulfillment of the worker's legal rights, nor is the employer, due to lack of trust in the worker and fear of harming his resources, capital and information, To discourage the production and establishment of workshops.

One of the most controversial issues in the field of arbitration is the possibility of using it in the field of labor disputes. This issue that was also raised on the disputes between workers and commercial companies as their employers, has caused many disagreements. Therefore, this article examines the approach of the legal system of countries and commercial companies in this field. The findings of this study indicate that in some legal systems, various types of arbitration (mandatory and voluntary) in labor disputes haشOne of the most controversial issues in the field of arbitration is the possibility of using it in the field of labor disputes. This issue that was also raised on the disputes between workers and commercial companies as their employers, has caused many disagreements. Therefore, this paper examines the approach of the legal system of countries and commercial companies in this field. The findings of this study indicate that in some legal systems, various types of arbitration (mandatory and voluntary) in labor disputes have been accepted but in others, only voluntary arbitration is recognized in limited cases. In a number of other legal systems, referring these disputes to arbitration is not accepted at all. Commercial companies also have different procedures in this regard; some companies, believing in the many benefits of arbitration for companies, have chosen it as the first way to resolve labor disputes. Some other companies, despite accepting the arbitration, use it as a secondary method, ie if other non-judicial methods are not obtained and finally, there are companies that are reluctant to refer arbitration to dispute resolution.ve been accepted but in others, only voluntary arbitration is recognized in limited cases. In a number of other legal systems, referring these disputes to arbitration is not accepted at all. Commercial companies also have different procedures in this regard; some companies, believing in the many benefits of arbitration for companies, have chosen it as the first way to resolve labor disputes. Some other companies, despite accepting the arbitration, use it as a secondary method, ie if other non-judicial methods are not obtained and finally, there are companies that are reluctant to refer arbitration to dispute resolution.

This article discusses Article 13 of the labor law, which places responsibility on employers for any contracts their contractors make with workers. Employers must ensure that contractors comply with all labor law obligations towards workers and that contracts are based on this. However, this legal duty conflicts with the principle of relativity of contracts. This paper takes a descriptive-analytical approach and aims to provide solutions to the challenges of implementing Article 13. It asks how contractors can modify their contracts with employers and take necessary measures to ensure compliance with the law. The paper identifies challenges such as unclear contract terms, lack of approval for necessary regulations, uncertainty about responsibility for workers' rights violations, and ambiguity in jurisdiction over complaints. To address these challenges, the paper suggests improving the legal system through quasi-legislative and executive resolutions such as approving an executive directive for Article 13 and clarifying the extent of employer and contractor responsibility. Some solutions are already in use while others are innovative.

Recent research has confirmed the crucial role of social security in promoting social justice. However, despite its significance, these services are sometimes deemed unnecessary by both employers and workers. This can lead to insurance evasion.

The study was conducted using a qualitative research method based on grounded theory, during which 14 experts of the Social Security Organization were selected using a purposive sampling technique. These people responded to the main question of the research (identification of the factors affecting insurance evasion) during structured and issue-oriented interviews.

After analyzing the data, the core category was identified as “insurance evasion, short-term profit-making of stakeholders, and long-term instability in the production of collective good social welfare.” This central phenomenon is influenced by several causal conditions, including “lack of awareness among actors about the benefits of insurance,” “successive waves of economic crises,” “complexity and ambiguity in laws and regulations,” and “the lack of an effective monitoring and evaluation system.”  Additionally, the findings revealed that social actors encountering this issue have implemented strategies such as “prioritizing income for the labor force”, “associating labor based on bribery/threats”, and “neglect of insurance benefits”. These strategies have resulted in consequences such as “the challenge of financing the uninsured workforce” and “the gradual and increasing collapse of income/cost of insurance companies”.

The insurance evasion occurs under the influence of economic and structural factors. The inflation economic crises, and deficiencies in the social security laws regarding the determination of insurance payment and insurance styles affect the performance of capital and labor owners more than any other factor.

In some cases, construction contracts are faced with contractor’s breach. Breach of the contract by the contractor has various forms, such as non-fulfillment of the obligation to construct or delay in its performance, as well as incomplete fulfillment of the obligation and non-completion of the building. But another form that is common in practice is to failure to comply with the characteristics and specifications of the contract. In the common law system, the remedy for this breach is initially damages, and different methods are used to evaluate it, such as paying the cost of cure or difference in value. In Iranian law, the remedy for breach of contract is specific performance, which has its own branches such as repair and replacement. The question is that, if specific performance requires the waste of resources, is it possible to avoid the specific performance and award damages instead? Using the analytical and inductive method, this research first examines the methods of assessing damages for non-conforming performance by the contractor in common law and then the remedy for this breach in Iranian law and tries to strengthen the possibility of paying damages instead of specific performance in some cases and to provide a standard for compensation.

The purpose of the present research is to study the effect of communicative methods and auditor professional expertise on employers' response to auditing questions. The research statistical population consisted of all official auditors in the Iranian association of certified public accountants by the end of the first 6 months of 2020. According to the obtained statistics, the total number of participants was 550 and 1057 members respectively. The study sample by Morgan table and through random sampling was determined to be 225 and 285 among whom 205 members answered the questionnaire. The research method was descriptive-survey and its type was practical correlation. For data collection, a questionnaire was used and the hypothesis testing was conducted by Spss24. The results showed that there is a significantly negative relation between the method of sending audit questions and the partiality level of the employers' response to the auditor's questions. Besides, there's a significantly negative relation between the level of specialty of auditing questions and the partiality level of employers' response. Since the auditing process is related to humans and requires a suitable social relationship, auditors, in addition to specialized skills, should also improve their communicative skills to foster quality of work. Auditors ought to choose some communicative methods leading to their outstanding social presence and consequently less partiality of employers' response.

The purpose of this study was to investigate the effect of the employer's insurance premium rate on the operating profit of each share and the change in the net sales income of the companies listed on the Tehran Stock Exchange. This study, in terms of the type of research; Correlation is cross-sectional and is considered practical in terms of purpose. The statistical population of the research included 666 companies admitted to Tehran Stock Exchange from the beginning of 2012 to the end of 2018, of which 111 companies were selected as a sample by systematic elimination method. In descriptive statistics, community parameters, including central indicators and community dispersion, were measured and information was analyzed using the regression method based on combined data and Hausman's tests, F (Limer)It was done by the software Oviz. The results showed that there is a significant relationship between the insurance rate of the employer's share, the operating profit per share and the change in the net sales income of the companies listed on the Tehran Stock Exchange. Therefore, it is better for the social security organization to consider the insurance premium rate according to the inflationary conditions and labor income in order to support the industries in attracting labor and the high insurance premium rate does not cause the company managers to increase the total price. to find goods and services.

Penal Law defines the crimes and the penal reactions appropriate to those crimes, on the one part and describes the manner of penal investigation process, on the other part. The regulations of Penal Law are applied to all its subjects. However, some special regulations are allocated to part of the subjects based on the social advancements. One of those special regulations is criminalization in the area of Labor Law. The Iranian legislature has explained a series of social values and criminalized over forty titles in this law upon the enactment of the Labor Law in 1990 with the aim of supporting the labor rights. These values are required to be considered separately. On the other hand, it is crucially important to control the employer and employee relations with various levers due to the special situation of the employees. In particular, the penal regulations contained in the Labor Law have been entirely enacted through a specific process by the Expediency Discernment Council. Here comes this question: What was the reason for criminalization by the legislator in the field of Labor Law and what special conditions do the specific penalties contained in the Labor Code have? The present Article seeks to find the answer to the said questions by collecting data based on the library and descriptive- analytical method. Finally, an attempt has been made to explain the special rules and conditions that govern employer crimes. This research can help to develop the range of studies on the penalties caused by working.

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.

Today, developed countries have realized the important role of free zones in the growth and prosperity of the national economy. Due to their large size compared to other free zones of other countries, Iran's free zones have a special position that if the existing opportunities are well managed, we will see the growth and prosperity of our beloved country's economy in various fields. However, what has been observed from the performance of the free zones of the country so far shows that, unfortunately, these zones have not yet been able to approach the intended standards, and there is a kind of inflation of law in these zones. At first, the rules of free zones were predicted and approved to solve the problems and issues of these zones, but after a while, the inadequacies of these regulations in various fields forced them to refer to the labor law, and then this dichotomy caused confusion and problems for different groups. , Especially the issues between the worker and the employer. It is obvious that the existence of a comprehensive and complete law to manage the development of these areas is one of the basic principles of success. Therefore, in this article, we try to study the labor relations in free zones, which play a significant role in the development of these zones, and as a result, the regulations of free zones and the problems caused by its shortcomings are considered and practical suggestions for Problems are presented.

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 goal of this research is to define a model to improve the quality of work of auditors from the professional perspective of employers using fundamental equations. In order to meet this goal, after the study of literary of the case and also the research background, 33 indicators that were adapted to the environmental features of Iran, were defined as skill related parameters to improve the quality of auditor’s work. These indicators were grouped to 6 main divisions, and then were given to a community of auditors and financial managers from best known companies as a questionnaire. The results from 300 individuals (142 auditors and 158 financial managers) shows that from a professional perspective, skills like bookkeeping, professional software skills, social awareness, auditing schedule conformity, risk taking and project management are the most crucial skills needed to be mastered by the employees. From the point of view of an auditing employer, the most important skills are analytical, personal, communicational and leadership skills.

In Iran legal system, according to Article 166 of Labour act (enacted 1990), the verdicts of labour dispute resolution authorities must be implemented in the Judiciary by the Civil Judgments Enforcement Unit. Although the general process of enforcing these verdicts set out in acts, including the Civil Judgments Enforcement Act (enacted 1977) and the Enforcement of Financial Sentences Act (enacted 2015), but the implementation of the verdicts of these authorities is sometimes accompanied with ambiguities and challenges; So that workers face difficulties in achieving their rights. The present article examines these ambiguities and challenges on the basis of descriptive and analytical method. Its findings indicate the ambiguities in the process of implementing the most important rulings of labor dispute resolution authorities, including rulings on financial condemnations (including labors' premiums and their salaries and benefits) and verdicts on non-financial condemnations (including verdict to return to work) has led to the emergence of various procedures in the enforcement units of civil judgments of the judiciary. In addition, the implementation of these verdicts in practice is associated with several challenges, some of which are: Ambiguity in verdicts, the employer's financial inability (whether insolvency or bankruptcy), the employer's refusal to implement the verdict and the Social Security Organization's refusal to implement the verdicts on premium.

The aim of this study was to identifying and analyzing the factors affecting the reduction of delays in sports Construction projects, which was conducted qualitatively and phenomenologically. The study population was experts aware of the research in the Ministry of Sports and Youth, Sports Facilities Development and Equipping Company and sports management professors, 13 of whom were selected as a sample using the snowball method. In order to have a deep and comprehensive understanding of the factors affecting the reduction of delays in sports development projects, the semi-structured interview method was used. To ensure the validity of research, measures include; Participatory research, adaptation by members, and to confirm the reliability of the research, the researcher himself recoded, the percentage of agreement within the topic, and the use of qualitative analysis software using Nvivo 10 software. According to the research results and based on the initial and axial coding, 53 factors in 10 groups; financial, engineering, estimation, infrastructure, human, legal, support, supervising, natural and managerial were identified as effective factors in reducing delays in sports development projects. Among these factors, managerial, engineering, supervising and financial factors were more important. Therefore, by view of these important factors, the officials in this field can provide the reducing delays in construction projects and developing sports and its benefits at the community.

The purpose of the present research is to compare the provisions, effects and rulings of the termination and dismissal of the contractor, and to review and suggest the necessary solutions to modify their provisions. This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles. The plans and construction projects of each country can be considered as one of the indicators of the growth of excellence and economic prosperity of that group. For the implementation of projects in Iran and even the Ministry of Oil, a document called Peyman is used, which has several components. One of these components is the general terms of the contract, which is placed next to the private terms.Ethical Considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed. Previously, the guarantee of the contractor's violation was included in the set of general conditions of the contract, termination. which consequently includes special rules and works for itself. But currently, according to Article 3, Clause B, Part 6 of the Ministry's Powers and Duties Law, agreements, appendices, general conditions, private conditions of contracts for the supply of goods and construction equipment and installation in the downstream oil and gas field, guarantee of execution from termination Changed to dismissal.

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.

The purpose of this paper is presenting a model for the factors affecting labor and employer complaints in Isfahan. Data were collected through interviews and questionnaires from a sample of 14 experts in the field of labor relations working in the Department of Cooperatives, Labor and Social Welfare of Isfahan. According to the study of literature review and investigating of 3111 cases of complaints registered in the labor office of Isfahan city, 13 factors were identified that affecting labor and employer complaints in Isfahan city. These factors were analyzed using interpretive structural modeling approach and were classified into three levels. Legal gaps and poor employee and employer information were at their lowest level and had a high influence on other factors. Nine factors, including downsizing, layoffs, resignations, closures, unemployment insurance, employer mismanagement, workers' dissatisfaction with working conditions, the employment of foreign nationals, and employer violations of law enforcement, were at the top of the model and are most dependent on other factors. Finally, exchange rate instability, Employer violation in enforcing the rules, and the advice of profiteers and non-experts are in the middle level of the model and play a mediating role between level 1 and level 3 factors. This model can provide the appropriate policy in the field of labor relations for responsible organizations.

Considering the increasing growth as well as the importance and position of FIDIC construction contracts in the international community, knowledge of existing laws and regulations in this area has also gained special importance. When unforeseen, unwanted, or following negligence of one of the parties to the contract occurs after special circumstances, one of the most important issues is to be aware of the conditions of responsibility and methods of compensation for damages that are somehow caused by non-implementation. obligations and other cases are correct and will play an important role in eliminating the losses that have arisen for each of the parties. Getting to know the damage compensation methods as one of the pillars of FIDIC construction contracts is a general framework that explains the limits of powers, obligations and responsibilities of the involved factors such as the employer, contractor and consulting engineer, the existence of any defects, ambiguity and contradictions in The contents of this collection will have a significant negative impact on the successful completion of the project. This research, while carefully examining one of the widely used international contracts, explains how to compensate the damages caused to the contract parties and tries to find a suitable solution to remove the damages in these contracts.

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.