Culmination of Law

Culmination of Law

Jurisprudential-legal Analysis of the Government's Role in Guaranteeing Workers' Job Security

Document Type : Original Article

Author
Assistant Professor, Univeristy of Judicial Sciences and Administrative Services, Tehran, Iran
10.22034/thdad.2023.559979.2241
Abstract
The legal system of the Islamic Republic of Iran, with the aim of protecting workers and guaranteeing minimum benefits and job guarantees for workers, in many important cases has accepted government intervention in the relationship between workers and employers and limiting the will of the parties in concluding, managing and terminating contracts. Ensuring the "job security" of workers is addressed in these steps. However, according to the basic rule of Sharia, contractual freedom is considered as one of the original Islamic systems and the consent of the parties in employment contracts is considered correct and necessary. The present study seeks to answer the question with an analytical approach, whether from a jurisprudential point of view, the government is obliged to provide job security for workers or whether the role of the government is evaluated differently? The findings indicate that the protection of employed workers by ensuring their job security should not be at the expense of harming the employer, the workshop and jobseekers, but the government is obliged to protect the workers' employment security, rather than trying to ensure their job security.
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