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:: Volume 3, Issue 10 (7-2016) ::
حقوق اداری 2016, 3(10): 79-112 Back to browse issues page
Comparative Studies on Legal Alternatives for Resolving Collective Tensions Resulting from Strikes in Public Service Sectors:The Comparative studies of German, Franch, Italian and Iranian Systems
Abstract:   (640 Views)
Strike right is deemed as one of the primary element of labour relations puzzle, which has not been in its appropriate and proper status in Iran.
 French and Italian legislators have legislated public staff strike right in their constitutions by persisting government right on “continuity of authority” as well as stakeholders and consumers’ right to “continuity of public services”  with more legal binding element (such as constitution) have recognized strike right in their constitutions.   While Germans by relying on jurisdictions, have denied the strike right for civil servants and embraced it for contract staff of public sector and have attempted to find a rational approach to hampering their social tensions. In Iran, despite missing elements which exist concerning strike right in public and private sectors of Iran’s legal system; contrary to common conception, Administrative Delinquencies Act (clause 33) directly recognizes legal strike right for civil servants and staff. In this regard, the author tries to find a conciliation pattern concerning the aforesaid right and a law for removing problems regarding mass strikes in public sector through attributive studies of procedures and Internal and External laws. In this paper, research method is a comparative study of laws and judicial procedures through descriptive –analytical approach. Accordingly, the author first describes the point through incidents sources, and judicial resolutions, then identifies and analyzes similarities and differences of various approaches; finally, new proposals are introduced. 
Keywords: minimum level of public services, civil servants strike right, Labour right, public services continuity principle, collective bargaining   
     
Type of Study: Research | Subject: Special
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Comparative Studies on Legal Alternatives for Resolving Collective Tensions Resulting from Strikes in Public Service Sectors:The Comparative studies of German, Franch, Italian and Iranian Systems. حقوق اداری. 2016; 3 (10) :79-112
URL: http://qjal.smtc.ac.ir/article-1-144-en.html


Volume 3, Issue 10 (7-2016) Back to browse issues page
فصلنامه علمی پژوهشی حقوق اداری Administrative Law
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