Culmination of Law

Culmination of Law

Establishment of Labour court by combining judicial and guild systems, concern in Iranian legal system

Document Type : Original Article

Authors
Ahmad Taghizadeh 1
Khalil Mansourizadeh 2
1 Assistant Professor of Public Law, Departement of Law, Faculty of Humanities, University of Semnan, Semnan, Iran
2 Phd candidate of Public lLaw, Law Center, Cultural and Social Faculty, Imam Hosein Comprehensive UniversityAhvaz. Iran.
10.22034/thdad.2024.1999826.2415
Abstract
Considering the flexibility of the legal system of some countries, the need to support labor relations, the importance of this area due to its political, social and economic aspects and the acceleration of proceedings in labor disputes, the mentioned countries tried to formulate separate proceedings from public courts. On the other hand, it can be said that there are three methods for resolving labor disputes, which are judicial, quasi-judicial and non-judicial (union or professional). The method of resolving disputes in Iran's labor law is a combination of trade union and judicial proceedings. In this method, a quasi-judicial authority outside the judiciary resolves the dispute, which has a separate procedure, but at a higher level, a judicial authority is included in the composition of the board, which consists of representatives of both the workers and the employer. The question of the present research is what are the damages of the current system of labor proceedings and how can they be fixed? In response, it can be said that although the most fundamental principles of labor proceedings are speed, impartiality and expertise of the members, but in this article, the conclusion is reached that the mentioned principles are not implemented in the current process of labor proceedings and according to the authors, the justice process Workers' rights are facing problems. These problems are not limited to formal issues and have also spread to the nature of workers' rights. By conducting an analytical-descriptive research and by providing evidence related to the rejection of the current system and explaining the problems related to people referring to labor dispute resolution authorities, which is evident in the laws, and to ensure that workers get their rights, it seems that the establishment and creation of labor courts It is necessary to be composed of the guild-judicial system.
Keywords
Labor court
recognition board
dispute resolution board
labor proceedings
trade union system
judicial system

Subjects

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Culmination of Law
Volume 11, Issue 2
Autumn 2025
Pages 3-35