Scope and exceptions of the act of State Service and Labor act: Challenges and solutions

Document Type : Original Article

Abstract

In Iran's employment system, in addition to the rule of two general act of service management (for the public sector) and labor acts (for the private sector), we are faced with a variety of specific employment systems which raises several questions: What is the scope of these two general acts and their exceptions? And what is the relationship between them in terms of inclusiveness? What is the relationship of these two acts with excluded areas? And in terms of justice and efficiency, what challenges do we have in our employment system? The purpose of this article is to address these questions descriptively-analytically. Conclusion of this essay is that First, special employment systems that are not subject to the Service Management act should be specified in Article 117 of this law, taking into account justified and rational reasons and not be excluded from this act according to internal regulations; Second, the exclusion of small workshops less than ten people from the labor act should be abolished ; Third, in order to realization of social justice and solving of the challenges of pension funds, the basis and rate of premiums / pension deductions, minimum wages and benefits subject to deduction of premiums / pension deductions and minimum wages in all types of general and special employment systems should be determined equally; Fourth, it is necessary to update the employment regulations of the employment act- which is not contrary to the management law-, and to include them in the service management act.

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References

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The Journal of Modern Research on Administrative Law
Volume 4, Issue 11 - Serial Number 11
Fourth yearØ› Issue 11thØ› Summer 2022
July 2022
Pages 243-274

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History

  • Receive Date: 20 September 2021
  • Revise Date: 22 January 2022
  • Accept Date: 01 February 2022

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