نوع مقاله : مقاله پژوهشی
1 دانشجوی دکتری حقوق عمومی، واحدقم، دانشگاه آزاد اسلامی، قم، ایران
2 استادیار گروه حقوق دانشگاه شاهد، تهران ، ایران
3 عضو گروه هیات علمی حقوق عمومی دانشگاه باقرالعلوم
عنوان مقاله [English]
Right to work (employment) is one of the most important right, classified in the second generation of human right, has been emphasized in article 23 of the universal declaration of human right and has been recognized as one of the economic, social and culeural right in article 20of Islamic republic of Iran constitution.The necessity of equal terms in employment also has been mentioned in article 28 of Islamic republic of Iran constitution.Therefore lack of unreasonable diversity of employment contract is one of the issues discussed in hiring systems. Due to this matter, employment form change is one of the most emportant issues in employment law and a prerequisite for job safety and right to employment.This research, which has been conducted through an analytical-descriptive approach, aims to analyze the regulations of employing corporate employees and changing their type to officially employed. It also answers the question of whether all corporate employees are entitled to petition to have their type changed to officially employed.The answer is that the government is required to officially employ those corporate employees who are liable to clause 21 of the general law of serving war veterans and have been hired during the period when the fifth five-years-long development plan was in practice,according to the stipulated terms in the article and clause 44 of the aforementioned law and the subsequent revisions.This possibility has been predicted in article of cluse 87 of the law of the sixth five-years-long development plan.
Keywords:Corporate employees,Formal employment,Status change,Employment, Court of Administrative Justice.