Public Law Researsh

Supporting Employees of Arduous or Hazardous Clinical Jobs in the Light of the Case Law of the Administrative Court of Justice

Document Type : Research Paper

Authors

Saeb Dast Peyman 1
Davoud Mohebbi 2
Ali Mashhadi 3

1 Ph.D Student, Public Law, Qom University, Qom, Iran

2 Assistant Professor, Public Law, Qom University, Qom, Iran

3 Associate Professor, Public International Law, Qom University, Qom, Iran

https://doi.org/10.22054/qjpl.2023.66307.2739
Abstract
1. Introduction
Human rights such as the right to life, the right to health, the right to work and social security, and the right to a healthy environment call for supporting workers of arduous or hazardous jobs in forms of their right to enjoy a proper, healthy and hygienic work environment and support during work and retirement. Clinical occupations have specifically been designated as arduous or hazardous occupations by the legislator's decree and its employees have been further supported. Unfortunately, because the mentioned employees work in different governmental and non-governmental sectors and that they are under different laws and regulations including different provisions depending on the relevant sector, different procedures have been adopted to support these employees which causes discrimination between people who have the same jobs with similar conditions and with the same duties. Those covered by the labor and social security law retire with at least 20 consecutive years or 25 alternating years of employment experience and without meeting the minimum age requirement, those subject to National Employment Laws and related regulations retire with at least 25 years of employment experience in non-specialized jobs and 30 years in specialized jobs, Azad University employees retire by having at least 20 years of employment experience, workers subjected to the Administrative Regulation for Employment and Organization of Non-faculty Employees of the University of Medical Sciences and Healthcare Services of the Country retire with 25 years of employment experience, and the employees of the armed forces retire with at least 20 years of employment experience. Therefore, extending the conditions of amendment 2 of Article 76 of the Social Security Law 1380 to all those working in arduous or hazardous clinical jobs can be considered a way forward.

Literature Review

So far, no article has been written about supporting those working in arduous or hazardous clinical jobs.

Methodology

Descriptive/analytical/exploratory research methods will be used in writing this research. Also, the method of collecting information in the upcoming research will be library research. Other methods of collecting information such as field research and questionnaires will not be used.

Conclusion

The table below demonstrates the different approaches to supporting those working in arduous or hazardous clinical jobs based on the governmental and non-governmental sectors and the different applicable rules to the mentioned sectors:


 
Therefore, this system has caused discrimination between people who are employed in the same jobs with the same conditions and with the same description of duties which necessitates the initiative of the legislator to solve it.

Keywords

Hard and Harmful Occupations
Clinical Occupations
Human Rights
Positive Discrimination
Court of Administrative Justice
Subjects

Organization's responsibility or authority

Ex Gratia Payment for early retirement

Minimum age

Minimum employment experience

Applicable law

Row

Duty to agree with the request

severance pay equal to 1.5 years of experience for each year of employment

No need for meeting the minimum age requirement

At least 20 consecutive years or 25 alternating years

Subject to the Labor and Social Security Law 1990

1

Duty to agree with the request

5 years

At least 55 years of age for men and no minimum age requirement for women

At least 25 years in non-specialized jobs and 30 years in specialized jobs

Subject to National Employment Laws and related regulations and employees of Social Security Organization and Martyrs and Veterans Foundation

2

Duty to agree with the request

5 years

No need for meeting the minimum age requirement

At least 20 years

Azad University staff

3

Duty to agree with the request

5 years

At least 55 years of age for men and no minimum age requirement

At least 25 years

Subjects the Administrative Regulation for Employment and Organization of Non-faculty Employees of the University of Medical Sciences and Healthcare Services of the Country

4

The duty or discretion of the armed forces in agreeing to the retirement of their employees is uncertain.

5 years

No need for meeting the minimum age requirement

At least 20 years

Armed forces employees Subject to

5
           

 

  • Books

    • B. Atkinson, Poverty and Social Security, Hemel Hempstead: Harvester Wheatsheaf (Hertfordshire: U. K, 1989).
    • Kant, Grounding for the Metaphysics of Morales, Translated by Ellington.J., Third ed (USA: Hackle Publishing Company, 1993).
    • Jan-Erik Lane, Constitutions and Political Theory (Manchester University Press, 1996).
    • E. Mahoney, Human Rights in the Twenty- First Century: A Global Challenge (Boston: Martinus Nijhoff Publishers, 1993).
    • Ferdinand Mélin Soucramanien, Le Principe D'égalité Dans la Jurisprudence du Conseil Constitutionnel (Paris: Economica, 1997).
    • S, Pathak, The Human Right System as Conceptual framework for Environmental Law in Weiss, Environmental Change and Environmental Law (Tokyo: United Nation University Press, 1992).
    • Bertrand G. Ramcharan, The Right to Life in International Law, Vol. 3 (Boston: Martinus Nijhoff Publishers, ed, 1985).
    • Andreas Redelbach, Protection of the Right to Life by Law and by other Means, The Right to Life in International Law (Boston: Martinus Nijhoff Publishers, 1985).
    • Panahi, Bahram, Functions of Social Security in Iran (Tehran: Higher Institute of Social Security Research, 2006). [ In Persian]
    • International Labor Office, Social Security Worker Education Guide, Translated by Abolghasem Norouz Taleghani, Second Edition (Tehran: Social Security Research Institute, 1996). [ In Persian]
    • Sandel, Michael, Liberalism and the Limitations of Justice, translated by Hassan Afshar, First Edition (Tehran: Markaz Publishing, 2015). [ In Persian]
    • Talib, Mehdi, Social Security, Sixth Edition (Mashhad: Astan Quds Razavi Publications, 2002). [In Persian]
    • Katozian, Nasser, Principles of Public Law, First Edition (Tehran: Dadgostar Publishing, 1998). [In Persian]
    • Gorji Azandariani, Ali Akbar, Principles of Public Law, Second Edition (Tehran: Jangal Publications, 2010). [In Persian]
    • Hadavand, Mehdi & Ali, Mashhadi, Principles of Administrative Law in the Light of the Court of Administrative Justice, First Edition (Tehran: Khorsandi Publications, 2010). [In Persian]
    • Haki, Farshid, Labor Law; Economic Analysis and Human Rights Approach, First Edition, (Tehran: Shahre Danesh Institute for Legal Studies and Research, 2013). [In Persian]
    • Hansen, Joseph, Makeup, Fashion and Women's Exploitation, Translated by Afshang Maghsoudi, Third Edition (Tehran: Gol Azin, 2013). [In Persian]

    Articles

    • Hugo Adam Bedau, “The Right to Life, The Monist”, Vol. 52, Issue 4, Oxford University Press, New York, (1O ctober 1968).
    • Paul Gormley, “The right to Safe and Decent Environment”, Journal of International Law, India, Vol. 28, (1988).
    • Agah, Vahid & Borbouri, Mohammad Nabi, “Guaranteeing the Second Generation of Human Rights in the Procedure of the General Assembly of the Court of Administrative Justice (1394-1389)”, Quarterly Vote: Studies of Judicial Opinions, No. 21, (2016). [In Persian]
    • Al-Kajbaf, Hossein, “The Concept and Position of the Right to Health in International Human Rights Documents”, Quarterly Journal of Medical Law, Year 7, Issue 24, (2013). [In Persian]
    • Babaei Khorzoughi, Navid & Zamani, Qasem, “The Right to Life in the Light of the Meaning of Life: Possibility or Refusal”, Quarterly Journal of Public Law Studies, Allameh Tabataba’i University, 51, No. 3, (2021). [In Persian]
    • Barikloo, Alireza & Fatemi Nejad, Seyed Hossein, “Validity and Efficiency of Positive Discrimination in the Realization of Women's Rights”, Islamic Law, Vol. 16, No. 65, (2020). [In Persian]
    • Basiri, Mohammad Ali and Najafi, Davood, “Human Rights and Environmental Ethics”, Journal of Human Rights, Vol. 5, No. 1, (2010). [In Persian]
    • Hosseini, Seyed Mohammad & Mohammadi, Mehrdad, “Analysis of Human Rights on the Environment”, Bimonthly Journal of Islamic Human Rights Studies, Year 6, No. 12, (2017). [In Persian]
    • Heidarnejad, Valilaleh at el., “Enjoying the Benefits of Employment in Hard and Harmful Jobs in the Judicial Procedure of the Court of Administrative Justice”, Quarterly Journal of Administrative Law, Year 7, No. 22, (2020). [In Persian]
    • Ramezani Farkhod, Ahmad, “Social Security is the Lever for Justice”, Social Security Quarterly, Year 10, No. 33-32, (2011). [In Persian]
    • Zamani, Seyed Ghasem & Azad Devin, Ali, “The Concept and Position of Social Security Rights in International Documents”, Quarterly Journal of Medical Law, Eleventh Year, No. 42, (2016). [In Persian]
    • Zamani, Seyed Ghasem, “Simulation of Treatment and the Right to Health in the field of International Human Rights”, Research in Law and Politics, Vol. 8, No. 19, (2006). [In Persian]
    • Sasani Nejad, Sara, “Study of the Principles and Effects of Acquired Law in Iranian Law”, Scientific Journal of Research in Jurisprudence and Law, First Year, No. 2, (2016). [In Persian]
    • Soroush Mahallati, Mohammad, “The Position of Justice in Inferring the Legal Jurisprudential Issues of Women”, Payam-e-Zan Monthly, No. 155, (2004). [In Persian]
    • Ziaei, Rezvan et al., “Reflection on the Acquired Right in the Light of the Rulings of the Court of Administrative Justice”, Quarterly Journal of Administrative Law, Second Year, No. 8, (2015). [In Persian]
    • Qari Seyed Fatemi, Seyed Mohammad, “Analysis of Key Concepts of Contemporary Human Rights”, Journal of Legal Research, No. 34-33, (2001). [In Persian]
    • Qari Seyed Fatemi, Seyed Mohammad, “Right to Life: Ethical Analysis and Human Rights”, Journal of Legal Research, Shahid Beheshti University, Vol. 3, No. 31-32, (2000). [In Persian]
    • Qari Seyed Fatemi, Seyed Mohammad, “Justification-Ethical Foundations of Contemporary Human Rights”, Journal of Legal Research, Shahid Beheshti University, Vol. 5, No. 36-35, (2002). [In Persian]
    • Karami, Hamed & Esmati, Zeinab, “Analysis of the legal System Governing the Retirement of Non-Faculty Members in Charge of Hard and Harmful Jobs in Universities with a Look at the Rulings of the Court of Administrative Justice”, Quarterly Journal of New Administrative Law Research, First Year, First Issue, (2018). [In Persian]
    • Gorji Azandariani, at el., “Positive Discrimination: Fair Discrimination or Treating the Effects of Discrimination”, Journal of Legal Research, Vol. 14, No. 55, (2011). [In Persian]
    • Mahmoudi, Javad, “The Effect of Repealing Government Regulations on the Acquired Rights of Individuals”, Quarterly Journal of Administrative Law, Second Year, No. 6, (2014). [In Persian]
    • Mashhadi, Ali, “The Essential Fundamentality of the Right to the Environment in Iranian and French Law”, Studies in Comparative Law, Vol. 5, No. 2, (2014). [In Persian]
    • Maleki, Ruhollah, “Social Security as a Human Right”, Quarterly Journal of Constitutional Rights, No. 5, (2005). [In Persian]
    • Movahedi, Ramin at el., “The Role of the Government in the Social Security of the People, in the Light of Public Law”, Comparative Legal Research of Iran and International Law, Year 11, No. 42, (2017). [In Persian]
    • Mirzadeh, Nader & Sepehrifar, Sima, “The Interaction of the Right to a Healthy Environment and the Right to Health”, Quarterly Journal of Islamic Human Rights Studies, Second Year, Fourth Issue, (2013). [In Persian]
Public Law Researsh
Volume 25, Issue 79
Summer 2023
Pages 41-81

Home

Editorial Board

Guide for Authors

Submit Manuscript

Contact Us