نوع مقاله : مقاله پژوهشی
نویسندگان
گروه حقوق عمومی، دانشکده علوم انسانی، دانشگاه سمنان، سمنان، ایران
کلیدواژهها
عنوان مقاله English
نویسندگان English
Employment-related claims concerning employee compensation against executive bodies constitute a category of administrative litigation. Such claims are brought, pursuant to Principle 34 of the Constitution, by employees who consider their compensation-related rights to have been violated or denied. At present, in implementation of Principle 173 of the Constitution and in accordance with paragraph (3) of Article 10 of the Law on the Administrative Justice Court, jurisdiction over such complaints lies with the chambers of the Administrative Justice Court. Given that a substantial proportion of the cases brought before this Court pertains to administrative and employment disputes related to employee compensation, the present study, employing a descriptive–analytical method, addresses the central question of how employment-related compensation claims against executive bodies can be reduced. The findings indicate that such claims may be reduced through diminishing deficiencies in the legislative system, including legislative inflation and fragmentation, as well as gaps in laws or implementing regulations; improving the performance of executive bodies by addressing negligence, lack of awareness, and refusal by public officials to enforce laws and regulations, together with resolving inconsistencies between legal provisions and executive bodies’ budgets; and mitigating adverse effects arising from inadequately reasoned decisions of the Administrative Justice Court.
کلیدواژهها English