The Journal of Modern Research on Administrative Law

The Journal of Modern Research on Administrative Law

Iran's legal system's approach to lawsuits against government organization in the field of employee's contributions

Document Type : Original Article

Author
A member of the academic staff of Islamic Azad University, Ahar branch
10.22034/mral.2024.2040447.1650
Abstract
One common lawsuit in Iran's legal system is the lawsuit on employee's contributions for employment days as part of the government agencies, which is raised by the people who claim to be employed in these agencies. Considering the legal ambiguities that exist in competent authorities to deal with these claims and the formal and substantive conditions for handling and issuing verdicts in such claims, the current article has analyzed with a descriptive-analytical method and based on library studies in three parts respectively. The employee’s types of government agencies and the rules governing the payment of their contribution, the competent authority for handling claims against government agencies in the field of employee contribution and the approach of the Administrative Court of Justice in handling such claims have been discussed. This article findings show the most important legal ambiguity on competent authority is regarding the competent authority to deal with the claims of fixed and hourly contract employees working in government institutions. Also, Court of Administrative Justice's branches must comply with the three conditions of the record of submitting the request for the matter or refraining from it to the government agency of the place of employment; The history of the investigation of the matter in the records investigation committee of the Social Security Organization and the litigant consider it necessary to include all the institutions with legal duties regarding the requested matter. In addition, condemning the executive body to pay the contribution depends on the verification of employment and etc.
Keywords
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Articles in Press, Accepted Manuscript
Available Online from 14 October 2024

  • Receive Date 05 September 2024
  • Revise Date 23 September 2024
  • Accept Date 14 October 2024