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.
asadollah yavari; mohammad ghasem tangestani
Volume 16, Issue 43 , February 2015, , Pages 109-134
Abstract
There is a history behind the strike as a collective protesting act againstunpleased conditions of working. This phenomenon is derived from theinequality of the contract of work’s parties and lack of appropriate mechanismsfor solving the disputes; both Employers and governments would prohibit andquell ...
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There is a history behind the strike as a collective protesting act againstunpleased conditions of working. This phenomenon is derived from theinequality of the contract of work’s parties and lack of appropriate mechanismsfor solving the disputes; both Employers and governments would prohibit andquell this social phenomenon. It is just less than a century that this “right” hasbeen legally recognized. However, some systems has not recognized strike yet asa right; they have considered it as an act having some legal immunities whichmight led to responsibility in some situations. Nevertheless, legal systems havenot had the same approach toward strike and legal regime of its recognition,conditions, procedure of implying and its restrictions. Regarding the differencesin political, economic, social and legal systems in different states, this sort ofvarieties might be regarded totally normal. Accordingly, France and Britain asrepresentatives of maximum and minimum approaches have had differentstances toward this phenomenon. Understanding of these differences would haveeffective results for the systems such as Iran that are in period of recognizingand regulating this right
