Document Type : Original Article
Authors
1
University of Tehranدانشگاه صدرا
2
Professor, University of Shahid Madani Azarbaijan
10.22034/mral.2023.2004413.1481
Abstract
Nowadays, enjoyment of days off -as a sample of spiritual rights of administrate employees and workers- is accepted all over the world. According to this, on Iranian legal system, in addition to recognition of general days off that are provided at ‘management of state services’ act as major act ruling administrative system, and includes paid leave, medical leave and unpaid leave; there are some other kinds of special days off for some employees based on their employment situation, workplace or gender, which are provided on other acts. Kinds of day off discussed in this study includes leave provided on ‘recruitment of human resource on deprived and outlying cities and war zones’ act, leave provided on ‘promotion of efficiency of clinical employees of health system’ act, and also maternity leave. Regarding each of mentioned kinds of leaves, the general board of administrative court of justice -as organ for judicial supervision- had issued unified judicial precedent decisions, which determine their legal limits and clarify ambiguities. Since that on Iranian legal system, unified judicial precedent decisions are considered as parliament’s acts and are one of the most important sources of administrative law; so identification and study of these decisions can mostly help us on cognition of legal framework ruling these kinds of day off; and in progress may lead us to improve this legal framework. In this paper, we will discuss these issues.
Highlights
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1. Decision of the uniform judicial precedent No. 234 dated 2009 general Assembly of the Court of Administrative Justice2. Decision of the uniform judicial precedent No. 338 dated 2004 general Assembly of the Court of Administrative Justice3. Decision of the uniform judicial precedent No. 382 and 383 dated 2001 general Assembly of the Court of Administrative Justice4. Decision of the uniform judicial precedent No. 75-78 dated 2005 general Assembly of the Court of Administrative Justice5. Decision of the uniform judicial precedent No. 74 dated 2012 general Assembly of the Court of Administrative Justice6. Decision of the uniform judicial precedent No. 19 dated 1997 general Assembly of the Court of Administrative Justice7. Decision of the uniform judicial precedent No. 581 dated 2004 general Assembly of the Court of Administrative Justice8. Decision of the uniform judicial precedent No. 1424-1436 dated 2020 general Assembly of the Court of Administrative Justice9. Decision of the uniform judicial precedent No. 1001 dated 2017 general Assembly of the Court of Administrative Justice10. Decision of the uniform judicial precedent No. 1345 dated 2018 general Assembly of the Court of Administrative Justice11. Decision of the uniform judicial precedent No. 1897-1899 dated 2018 general Assembly of the Court of Administrative Justice12. Decision of the uniform judicial precedent No. 938 dated 2020 general Assembly of the Court of Administrative Justice13. Decision of the uniform judicial precedent No. 224-225 dated 2016 general Assembly of the Court of Administrative Justice14. Decision of the uniform judicial precedent No. 1306 dated 2019 general Assembly of the Court of Administrative Justice15. Decision of the uniform judicial precedent No. 1328 dated 2014 general Assembly of the Court of Administrative Justice16. Decision of the uniform judicial precedent No. 288-306 dated 2019 general Assembly of the Court of Administrative Justice17. Decision of the uniform judicial precedent No. 406 dated 2017 general Assembly of the Court of Administrative Justice18. Decision of the uniform judicial precedent No. 628 dated 2013 general Assembly of the Court of Administrative Justice19. Decision of the uniform judicial precedent No. 435 dated 2014 general Assembly of the Court of Administrative Justice
- Documents, laws and regulations
- Universal Declaration of Human Rights adopted in 1948
- The Constitution of the Islamic Republic of Iran adopted in 1979
- The National Service Management Law adopted in 2007
4. The Court of Administrative Justice Law adopted in 2013
- The National employment law adopted in 1966
- The Social security law adopted in 1975
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- Executive Regulations of the Law on Improving the Productivity of Clinical staff of the Health System adopted in 2009
- days off regulations adopted in 1967
- Radiation protection law adopted in 1989
Arabic
Ebnebabevey, Mohammad ebneAli, Man-la Yahzarah al-Faqih, Tehran: Darul Kitab al-Islamiya, volume 3, 1964
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