Document Type : Original Article
Highlights
The formation and institutionalization of a democratic and stable society requires serious attention to the rights of citizens, and today the issue of citizenship rights and the issues surrounding them are of particular importance all over the world, and all governments are trying to protect these rights in the best possible way. Citizens of their community to offer.
In Iran, the issue of respecting people's rights in the administrative system has been addressed implicitly and scattered in the country's employment law and some regulations related to a few government organizations. But explicitly and within the framework of a coherent and integrated text, it was taken into consideration for the first time in the form of the project of honoring clients in the administrative system. Since its approval until 2013, the honor plan has been a standard of practice in the executive bodies and during its implementation, it has been accompanied by many ups and downs and challenges.
The Court of Administrative Justice, as the highest judicial body in charge of supervising administrative decisions and actions, has a special place and position in our legal system, because according to the constitution, this court has the duty to "complaints, grievances" and handle the people's objections to officials or units or government regulations and their rights". It is clear that such a power places the court in a superior position in relation to the supervision of administrative actions and decisions. This type of supervision, which is referred to as judicial supervision of government actions, will guarantee the health of administrative institutions and the rule of law in them. This article examines the role of the Administrative Court of Justice in employment rights with the protection of citizenship rights.
The General Board of the Court of Administrative Justice has paid attention to the employment rights of employees, including their intellectual and material rights, in numerous votes.
Maintaining citizen's rights is one of the issues in which the major and key duty and work is directed to the governments, but it is not limited and exclusive to it, but the citizens themselves also have a duty. For this purpose, first of all, it is necessary to observe the principles of good administration and fair administrative system. Secondly, there must be a supervisory and controlling authority to evaluate the performance of the rulers and the law. Of course, the presence of citizens in public arenas will facilitate the recognition of public rights in such situations, because the general orientation of citizens in the management of affairs and the aspirations and goals pursued, outline the general limits of collective interests and their rights.
Employment rights include material and non-material rights and benefits; Material rights and benefits are funds or goods that an employee receives continuously and regularly or irregularly during his service. Monthly salaries and benefits are part of this group of salaries. Salaries and financial benefits are the rights that are given in return for doing work and fulfilling the duties and responsibilities of the job, called monthly salary or wages, according to the nature and importance of the job or the place of service, or in order to compensate for possible expenses and damages resulting from the performance of assigned duties. Under different headings, such as extreme work or extreme bad weather and deprivation of living facilities or travel and relocation expenses, in cash or as non-cash benefits, "sexual assistance" is awarded to the employee.
The most important cases of this principle, which have been emphasized in Iranian jurisprudence, are the principle of equality in entering government employment, equality among candidates for university ranks, the principle of equality among entrance exam candidates and gender equality. The General Board of the Court of Administrative Justice, referring to the rulings stipulated in paragraph 3 of the third article and the 20th and 30th articles of the Constitution regarding the necessity of generalizing free education and physical training for all at all levels and facilitating and generalizing higher education and the duty of the government in Regarding the expansion of higher education facilities up to the limit of self-sufficiency and emphasis on the equality of individuals in the use of all human rights, he attempted to revoke the clause 4.4 of article 4 of the 49th meeting of the Council of Medical and Specialized Education of the country dated 28/4/1377, which by creating an age limit , had denied people over 40 years of age from entering the assistantship course and improving their scientific and experimental level.
One of the very important issues that should be discussed in detail and approached with caution is the issue of employment rights of citizens in the executive bodies and its relationship with the Administrative Court of Justice as an interface for rights enforcement. Citizenship rights are all the rights that a citizen enjoys based on laws and regulations and common values in a country, and its importance in today's societies has led to the attention of domestic and international sources.
Based on the observations and reviews of the decisions of the General Board of the Administrative Court of Justice, it seems that: the components and examples of citizenship rights include the right to social security, the hardship of work, the extremes of deprived areas, bad weather, the right to have a family, the right to leave, and so on. .. all of them were recognized to a significant extent by the General Board of the Administrative Court of Justice, so that government employees as Iranian citizens can easily and confidently exercise their rights, which is the result of guaranteeing the rights of citizens in the society; Therefore, by identifying these examples in the decisions of the General Board of the Administrative Court of Justice, we can say that citizenship rights have been largely considered in the legal system of our country. Perhaps in this way, weaknesses and possible violations can be seen in the judgments of the court, but if a weakness or defect is also seen in the judgments of the court, the court should not ignore taking steps to this extent in order to guarantee the rights of the citizens, which is worthy of praise.
