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:: Volume 10, Issue 34 (7-2023) ::
qjal 2023, 10(34): 221-245 Back to browse issues page
Analysis of Ensuring Job Security for Female Labors on Maternity Leave
Majid Najarzadeh hanjani *
Abstract:   (479 Views)
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.
 
Keywords: Maternity Leave, Labor, Job Security, Labor Contract, Administrative Court of Justice, European Union
     
Type of Study: Research | Subject: Special
References
1. Addati, Laura, Cassirer, Naomi and Gilchrist, Katherine , (2014) “Maternity and Paternity at Work: Law and Practice Across the World”, International Labour Office, Geneva.
2. Burri, Susanne, (2019) “protection and rights related to pregnancy and maternity in EU law”, Revue de droit comparé du travail et de la sécurité sociale, English electronic edition, 4.
3. Imam, Shama and Javed, Tasawar , (2019) “Job Security, Organizational Support and Employee Performance: Mediating role of Employee Satisfaction in Medical Sector of Pakistan”, International Journal Academic Research Business and Social Sciences, 9(3)
4. Sanyal, Shouvik, Wamique Hisam, Mohammed and BaOmar, Zainab Aqeel, (2018) “Loss Of Job Security And Its Impact On Employee Performance – A Study In Sultanate Of Oman”, International Journal of Innovative Research & Growth, Volume-7 Issue.
5. WWW.ILO.ORG
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najarzadeh hanjani M. Analysis of Ensuring Job Security for Female Labors on Maternity Leave. qjal 2023; 10 (34) :221-245
URL: http://qjal.smtc.ac.ir/article-1-1155-en.html
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Volume 10, Issue 34 (7-2023) Back to browse issues page
فصلنامه علمی پژوهشی حقوق اداری Administrative Law
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