The Journal of Modern Research on Administrative Law

The Journal of Modern Research on Administrative Law

Criteria and criteria for identifying continuous benefits in labor rights

Document Type : Original Article

Authors
Allameh Tabatabai University
10.22034/mral.2025.2044731.1671
Abstract
In the field of labor rights, there are two concepts for wages: one is general and the other is specific. The general concept is the right to work, which includes all the worker's receipts, and the specific concept is wages in a special sense, i.e. fixed wages and basic wages. According to Article 30 and Clause 5 of Article 2 of the Social Security Law, the items subject to the deduction of insurance premiums, funds and continuous benefits, which are included in the regulations on how to prepare wage and salary statements and when to send them to the organization and the circulars of the Social Security Organization , have been specified. In identifying continuous benefits in labor rights, several rules are relevant: continuity in payment, retirement insurance premium deduction, incentive and welfare benefits, and fixed and basic wages.The legislator has made "continuity in payment" the basis for determining continuous benefits, and the deduction of insurance premiums is not considered its essential and inherent feature, but rather the effect and consequence of continuous benefits. Hence, the meaning of "continuous" in Labor and social security laws have the same literal meaning. In the case law of the Court of Administrative Justice, "continuity in payment" is the criterion for determining continuous benefits, and the votes No. 127 dated 7/28/1395 - 133 dated 8/12/1395 of the specialized board Labor and Social Security and Decree No. 234 dated 3/17/1388 of the General Board of the Court of Administrative Justice includes it.
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Volume 8, Issue 26
8th year, 26th issue, ّSpring 2026
Winter 2026
Pages 171-202

  • Receive Date 01 November 2024
  • Revise Date 22 April 2025
  • Accept Date 20 May 2025