The Journal of Modern Research on Administrative Law

The Journal of Modern Research on Administrative Law

The limits of jurisdiction of the provincial committees of implementation and recognition of hard and harmfull jobs and The nature of the votes issued by them

Document Type : Original Article

Authors
1 Faculty of Law, University of Qom, Qom, Iran
2 , Faculty of Law, University of Tehran(College of Farabi) ,Iran
10.22034/mral.2024.2025421.1592
Abstract
In order to enjoy the benefits of working in hard and harmful jobs, the applicant's job must first be confirmed as a hard and harmful job. The task of comparing and identifying hard and harmful jobs is the responsibility of the provincial committees. Also, announcing the result to the applicant and implementing the policies and approvals of the High Council of Technical Protection are other duties of the provincial committees.Although the provincial committees mainly have diagnostic competence in examining jobs, but regarding matching the job titles claimed by the applicant with the job titles that are determined as hard and harmful jobs according to the laws and regulations,They do not have such a qualification.Because the provincial committees can not, by exercising their diagnostic competence, not recognize such jobs as a hard and harmful job and reject the applicant's request.Regarding the objections to the notification of the votes of the provincial committees, the ruling of the law is also clear and it is not safe to use diagnostic competence by the provincial committees.At the same time, in examining the job titles that are not determined as a hard and harmful job according to the laws and regulations,The diagnostic competence of the provincial committees remains intact, and the branches of the Administrative Court of Justice will be obliged to deal with the issue based on the mechanism of Article 64 of the Law of the Administrative Court of Justice in order to comply with the technical and specialized aspects of the matter.
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Volume 7, Issue 24
seventh year, 24th issue, ّFall 2025
Autumn 2025
Pages 513-539

  • Receive Date 24 March 2024
  • Revise Date 09 May 2024
  • Accept Date 16 May 2024