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The Duality of Public and Private Law in the Payment of Family Allowance to Government Employees
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Fatemehsadat Hoseini *   , Fatemeh Poormasjedian |
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Abstract: (230 Views) |
The right of family allowance, as mentioned in paragraph 4 of Article 68 of the Civil Service Management Law, is paid to male employees under certain conditions, and it can similarly be awarded to female heads of households under the same conditions. It appears that the legislator has provided this incentive in the aforementioned article to support heads of households in light of their obligation to provide for their families. This situation raises a question, as administrative law, a subfield of public law, does not present any justification for differentiating payment between employees engaged in the same work. The responsibilities that men assume as heads of households, along with their guardianship rights over children, fall within the realm of private law, and the Civil Code acknowledges corresponding rights for men in relation to these obligations. This research addresses the fundamental issue of whether public law's intervention in private law concerning this specific matter is justified, or if it is necessary to reconsider the rationale and method of such payments. To achieve this goal, the present study employs descriptive and analytical methods, relying on library-based research to examine the interaction between public and private law and their respective positions in granting family allowances. It appears that there is no necessity for public law intervention in this area, and fundamentally, the family allowance should be regarded as a benefit for married individuals, regardless of gender, rather than a compensation for the obligation of providing for and supporting their families.
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| Keywords: "Family Allowance, " "Public Law, " "Private Law, " "Nafaqah" |
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Type of Study: Research |
Subject:
Special
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