A New Analysis of the Characteristics, Distinctions and Types of Employment Contracts from the Perspective of Changes in Labor Relations and Human Dignity

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Article Type:
Research/Original Article (دارای رتبه معتبر)
Abstract:
Labor relationships have been intertwined with the painful history of human beings: slavery, exploitation, bad working conditions, sickness, occupational accidents and deaths caused by them. The labor contract as a source of this work relationship has historically changed from private contracts to contracts of a private-public nature and the cause of this change has been the workers' revolutions and government interference through enacting of imperative protective rules in the direction of ensuring human dignity and balancing labor relations. This article tries to explain the definition and characteristics, differentiation and different types of employment contracts in the Iranian labor law system with a descriptive-analytical method and to address the shortcomings of employment contracts in the field of legislation and judicial procedure. The Labor Law approved by the Majma- e- Tashkhis pays attention to the requirement of human dignity in the employment contract, which is the guarantee of minimum protections; however,  the way in which article 7 of the Labor Code and its notes have been approved has weakened job security in permanent work, which is reflected in the performance of employers, the Ministry of Labor and the Administrative Justice Court. The solution to the problem is to modify Article 141(clause B), Article 7, and its two notes.
Language:
Persian
Published:
Journal of Contemporary Comparative Legal Studies, Volume:13 Issue: 27, 2022
Pages:
265 to 296
https://magiran.com/p2499037