Majid Najarzadeh Hanjani
Abstract
In terms of legal status, 'workers' and 'employees' jobs are indicative of "subordinate labor", which, despite some similarities in dual legal systems, have certain conceptual features, and thus recognizing and distinguishing their examples have significant practical implications. Among the similarities ...
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In terms of legal status, 'workers' and 'employees' jobs are indicative of "subordinate labor", which, despite some similarities in dual legal systems, have certain conceptual features, and thus recognizing and distinguishing their examples have significant practical implications. Among the similarities between these two legal situations, one can mention personality similarity, wage compliance, and order compliance. But in distinguishing these two terms, one must keep in mind the differences and specifications of each. The nature and basis of the employment are absolutely legal, but the basis for the formation of the worker-employer relationship is the contract. The basis of employee's compliance with the orders of supreme administrative position is the principle of administrative discipline, but the basis for the worker's order compliance is the economic risk of the employer. Finally, the recruitment of an employee is possible only by the administration and with full compliance with the legal terms and conditions of public employment, including the conduct of the public employment examinations. However, employing a worker and concluding a contract is not limited to the administration and is done by the consent of the parties.
Majid Najarzadeh Hanjani
Abstract
Since the beginning of its theory, the public services faced with conceptual ambiguity and its substantive diagnostic criteria, at least in practice, has not been clear. The privatization of public services and undermining the criterion of "government intervention" and "public interest purpose" added ...
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Since the beginning of its theory, the public services faced with conceptual ambiguity and its substantive diagnostic criteria, at least in practice, has not been clear. The privatization of public services and undermining the criterion of "government intervention" and "public interest purpose" added to the existing ambiguity. In these circumstances, the public function doctrine, aimed at protecting the fundamental rights of citizens and their legitimate expectations and consolidation of state responsibility and prescription of regulatory in the market of public services was outlined and welcomed. According to this doctrine, apart from public services that are offered directly by the government, services that were previously provided by the government, but are now provided by the private sector, are also consideredaspublic services. This paper usingdescriptive and analyticalmethod, at first, analyzesverbalandsubstantiveconceptof public service, then reviews thecontentof public function doctrine and evolution of concept of public service and finally studiespurposes and effects ofadoption of public function doctrine.
