Document Type : Original Article
Highlights
Changing the employment type is complicated and ambiguous by nature and perhaps this is why law exerts have not suggested a clear and comprehensive definition in this respect yet. Changing the employment type can suggest different interpretations, however an all-embracing definition that can be suggested is as follows; “ changing the employment type of corporate employees hired by the government can be applied if these employees are eligible in terms of knowledge, personal and institutional conduct as well as religious criteria, have expertise, enthusiasm, creativity and innovation, the sense of responsibility and service, punctuality and observing administrative regulations, have taken on-job training courses and achieved the require score, have been qualified according to the ground rules and regulations such as availability of legal permission ( ) and in some cases availability of related vacant positions, have taken examinations based on equal opportunities. This includes changing from corporate employee to contractual employee, from contractual employee to hired employee, from hired employee to officially employed, from officially employed to probationary official employment and from probationary to peremptory official employment.
The juridical characteristic of changing employment type can be different depending on which type is changed to which type. Sometimes this type of conversion can be considered as a contract which is different from a private law contact. One important consideration in this regard is that if the type is changed the employee-establishment relation is determined by decree, but in this case the stage prior to establishment of this type must be considered. In some other cases the type is change according to the law and the establishment changes the employment type unilaterally and without the employee`s petition.
Executive establishments recruit their staff directly from officially employed individuals, hire employees and contractual employees and indirectly from corporate employees. Corporate employees are considered to be under non-governmental employers and executive establishments are not held responsible towards these employees.
According to clauses 10 and 12 of procedure and constitution of the administrative justice court, the cognizable authority where employment lawsuits should be alleged is the administrative justice court, especially lawsuits of employment type change.
Eventhough changing the employment type of corporate employees was possible at different points, this is currently available for corporate employees who are liable to clause 21 of the general law of serving war veterans and were recruited during the period that the fifth five-years-long development plan was in practice and have the requirements mentioned in the article and clause 44 of the aforementioned law and the subsequent revisions. This possibility has been predicted in article “D” of clause 87 of the law of the sixth five-years-long development plan.
There are some points denoting that, firstly, this type change is not considered as employment type change since according to clause 45 of the law of governmental administration, legally valid employment specifically means only official and contractual employment. Secondly, the employees have to be recruited during the period of the fifth five-years-long development plan. Thirdly, the employment type change is available for only war veterans. Finally, of all types of employment, only changing employment type from probationary to peremptory official employment is possible and employment type change is not possible for those employees in any other types. Those employees who have been recruited during the period of the sixth five-years-long development plan and based on clause 21 of the general law of serving war veterans can petition to have their employment type changed to peremptory official employment. In order to corroborate this regulation, article 4 term 20 of the budget legislation of the year 1400 (2021-2022) was enacted which removed all the ambiguities of changing employment type of these employees. Recruiting and changing the employment type of corporate employees will lead to the increase in the number of the government associates and in turn enlargement of the government. Additionally, recruiting these employees in institutional positions leads to
