Document Type : Original Article
Authors
1
PhD student in Public Law, Department of Law, Najaf Abad Branch, Islamic Azad University, Najaf Abad, Iran.
2
Assistant Professor of Public Law, Department of Law, Najaf Abad Branch, Islamic Azad University, Najaf Abad, Iran (Responsible author
3
Assistant Professor of Criminal Law and Criminology, Department of Law, Najaf Abad Branch, Islamic Azad University, Najaf Abad, Iran
Abstract
Abstract:
The labor procedure system in the Islamic Republic of Iran is based on the handling of employee-employer disputes by special or quasi-judicial authorities, and the structure and jurisdiction of these authorities are explained in articles 157 to 166 of the Labor Law and the labor procedure regulations approved in 2011. Based on the aforementioned legal standards, the settlement of labor and employer disputes in Iran's legal system takes place within the framework of three conciliation bodies, the adjudication board and the dispute resolution board, and the organization of these three main bodies follows the common principles governing labor and thesis proceedings. Among the principles of simple and less formal proceedings and the participation of the parties of the work relationship in the formation of these authorities have been carried out. However, by studying and examining the documents of the International Labor Organization and a comparative approach to the structure and jurisdiction of the labor court authorities in the Islamic Republic of Iran and other legal systems, it can be seen that the labor court system in Iran in terms of structure, jurisdiction, and manner of The investigation and presentation of the desired model have important legal shortcomings, such as the lack of complete structural independence, the lack of general jurisdiction, the conflict of jurisdiction with some other specialized authorities, the unsuccessful imitation of the standards of civil procedure and the non-compliance of the structure and jurisdiction of the authorities handling claims.
Keywords
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