The competent authority to oppose the public law to the final decisions of the labor courts
In order to deal with any individual dispute between an employer and a worker or intern that is caused by the implementation of this law and other labor regulations, internship contracts, workshop agreements or collective labor agreements, the Iranian legislature has first foreseen the process of resolving the dispute by compromise, and in case of failure As a result, the handling of these disputes is under the jurisdiction of the Labor Law Boards. The primary judicial authority to deal with these disputes is the resolution board, and its appeal authority is the dispute resolution board. The opinions of the aforementioned boards are final and enforceable with the quality mentioned in Article 159 of the Labor Law, and appeals to them are also under the jurisdiction of the Administrative Justice Court with reference to Article 10, Paragraph 2 of the Law on Organizations and Procedures of the Court of Administrative Justice approved in 1392. After the issuance of unanimous opinions 602 and 699 of the General Board of the Supreme Court, a challenge arose with the theme of which authority has the authority to deal with the objection of public law persons to the definitive opinions of the judicial authorities. Considering that an inappropriate response to the aforementioned challenge can cause serious damage to the administrative judicial authorities and the judicial system of justice, in this regard, this article intends to examine the general legal principles, laws, unanimous opinions, advisory opinions of the legal department of the judiciary and The opinions of the general courts of justice should provide a scientific and appropriate answer to this question. The conclusion of this article, from the author's point of view, is that the Administrative Court of Justice has the absolute authority to deal with the claims of Article 10, Clause 2 of the Law on Organizations and Procedures of the Administrative Court of Justice; In other words, in the case of public law persons' objection to the final decisions of the labor judicial authorities, handling this issue is also under the jurisdiction of the Administrative Court of Justice.
- حق عضویت دریافتی صرف حمایت از نشریات عضو و نگهداری، تکمیل و توسعه مگیران میشود.
- پرداخت حق اشتراک و دانلود مقالات اجازه بازنشر آن در سایر رسانههای چاپی و دیجیتال را به کاربر نمیدهد.