Jurisprudential principles of out of agreement requirements in labor Contracts

پژوهش‌نامه حقوق اسلامی (پیوسته)

abedin momeni¹  Ehsan Ahangari² 

[1] Associate Prof. of Islamic jurisprudence and legal fundamentals, Faculty of theology, University of Tehran, Tehran, Iran.;Ph.D. in (Islamic jurisprudence and legal fundamentals, Faculty of theology, University of Tehran, Tehran, Iran.;

关键词: labor contract;    coercion;    abuse of coercion;    la zarar rule;    pricing;   

DOI  :  10.30497/law.2021.75931

来源: DOAJ

【 摘 要 】

The passage of the Labor Bill was fundamentally flawed by the Guardian Council. The bill imposed requirements such as working hours, wages, and workers' insurance on the employer. The Guardian Council, since analyzing the employment contract by the provisions on the lease of persons in jurisprudence, blamed the bill for this.These requirements were not religious in any way, according to the council. In the view of the jurists of the Guardian Council, the labor-employer relationship is a completely private one in which the government has no right to enter or interfere. The insistence of the Islamic Consultative Assembly, on the one hand, and the denial of the Guardian Council, on the other, eventually led to the establishment of the Expediency Council, which eventually approved the bill on expediency. However, the jurisprudential problems of this law remain a mystery. With this article, an attempt has been made to analyze the jurisprudential aspects of the employment contract. Finally the basis of the government's intervention into this contract is the lack of influence of contracts concluded in the event of an emergency breach.

【 授权许可】

Unknown