|
Oral labor contract in the structure of executive bodies; Assessing the effects and pathology of the judicial system
|
Seyedahman Habibnezhad   , Sajad Karimi * , Mohammadmahdi Aref |
|
|
|
Abstract: (764 Views) |
An oral contract is one of the contracts that in labor law leads to the establishment of labor-employer relations. Therefore, based on that, the review boards subject to Article 157 of the Labor Law, including the Dispute Resolution and Dispute Resolution Board, declare their jurisdiction in hearing cases. Therefore, considering the protective aspect of labor law in the protection of workers' rights, the conclusion of a contract is considered valid in accordance with the requirements of private law contracts that have no formal requirements, without observing formal formalities such as composition.
Although the executive bodies are subject to their own employment laws and regulations, the review bodies of Article 157 of the Labor Law regarding the claims of persons who are employed in the executive bodies regardless of the licenses arising from the employment laws and regulations, accept the competence, if determined. By concluding an oral employment contract, they execute the sentence of the executive body as an employer, whether reinstating the employee or the relevant financial sentence. In this article, by analytical and descriptive method, along with the pathology of the proceedings resulting from the conclusion of such contracts in the administrative system of the Islamic Republic of Iran, its side effects on the executive apparatus are evaluated based on analysis of some votes of the General Assembly.
|
|
| Keywords: Oral contract, Labor law, Trial, Labor-Employer Relationship, Administration |
|
|
|
|
Type of Study: Research |
Subject:
Special
|
|
|
|
|
|
|
| Add your comments about this article |
|
|
|
