Public Law
Ayat mulaee; fatemeh mirahmadi
Abstract
Supporting production and business requires identifying challenges and barriers in various areas. One of the most important of these areas is obtaining contract insurance, especially contracting contracts in the current practice of the Social Security Organization and the claims' assessment boards of ...
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Supporting production and business requires identifying challenges and barriers in various areas. One of the most important of these areas is obtaining contract insurance, especially contracting contracts in the current practice of the Social Security Organization and the claims' assessment boards of this organization there is no precise and logical criterion for calculating the contract premiums. This situation has become one of the most contentious issues in the branches of the Administrative Court of Justice and the votes of many claims assessment boards are violated for various formal and substantive reasons, which require serious attention. So, this question has been answered: What are the most important challenges and causes of violation of claims in the branches of the Court of Administrative Justice? In answer to this question, using the research method: descriptive-analytical, the most important results are as follows: First, there are various challenges, such as how to calculate and obtain premiums, the composition of claims assessment boards, and the determination of premiums based on audits of financial offices. Secondly, these challenges indicate a lack of indicators, principles and conditions governing the receipt of premiums in the relevant legal documents that need to be corrected.
Public Law
Morteza Rostami; Mohammad Rostami
Abstract
In Iran's legal system, according to Article 166 of the Labour act (enacted 1990), the verdicts of labour dispute resolution authorities must be implemented in the Judiciary by the Civil Judgments Enforcement Unit. Although the general process of enforcing these verdicts is set out in acts, including ...
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In Iran's legal system, according to Article 166 of the Labour act (enacted 1990), the verdicts of labour dispute resolution authorities must be implemented in the Judiciary by the Civil Judgments Enforcement Unit. Although the general process of enforcing these verdicts is set out in acts, including the Civil Judgments Enforcement Act (enacted 1977) and the Enforcement of Financial Sentences Act (enacted 2015), the implementation of the verdicts of these authorities is sometimes accompanied by ambiguities and challenges; so those workers face difficulties in achieving their rights. The present article examines these ambiguities and challenges on the basis of descriptive and analytical methods. Its findings indicate the ambiguities in the process of implementing the most important rulings of labour dispute resolution authorities, including rulings on financial condemnations (including labourers' premiums and their salaries and benefits) and verdicts on non-financial condemnations (including verdicts to return to work) has led to the emergence of various procedures in the enforcement units of civil judgments of the judiciary. In addition, the implementation of these verdicts in practice is associated with several challenges, some of which are: Ambiguity in verdicts, the employer's financial inability (whether insolvency or bankruptcy), the employer's refusal to implement the verdict and the Social Security Organization's refusal to implement the verdicts on premium.
Private Law
Hassan Badini; behnam shekoohi
Abstract
Labour contract has a crucial role in the formation of Labour relationship, and also prove it. This contract can differentiate the given tie form other concepts and similar institutions in the Civil Code. In relation to current regulations, including labour Code, Correcting law of impediment to manufacture ...
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Labour contract has a crucial role in the formation of Labour relationship, and also prove it. This contract can differentiate the given tie form other concepts and similar institutions in the Civil Code. In relation to current regulations, including labour Code, Correcting law of impediment to manufacture and industrial investment approved in the 2008, and Correcting law of impediment to competitive manufacture and improvement in the financial system with regard to the role of above-mentioned contract in the 2015, procedural and formality of its standards are in doubt. This article has gone over the various standpoints which is related to this issue in a descriptive-analytic and comparative way. Given the outcome, we make out that the formulation of indenture has been just influential in the proof step. Judicial precedent and the lack of anticipation of related sanctions leads to reinforcement of the latter statement. However, the evidence, that proves the litigations of Labour relationship is anticipated in the By-law of Labour Procedure approved 2012, There is no references of testimony and oath as a reason of specific significance. In French Law, there is no conclusive evidence, therefore, according to Civil Law, all the evidence is acceptable; as regard the Case-Law and the protective nature of the Labour Code towards labourer, it is accepted in our Law.
