نوع مقاله : مقاله علمی پژوهشی
نویسنده
گروه حقوق و الهیات دانشکده علوم انسانی و اجتماعی دانشگاه گلستان
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسنده [English]
The issue of the “legal nature of civil employee” is one of the issues that is usually considered by jurists at the beginning of the issue of employee rights. Some of them consider the employee’s relationship with the government a “contractual” relationship, some consider it a relationship based on “administrative unilateral” and many consider it as a relationship based on “law” and have presented different indications to prove their claim. This research seeks to identify different theories about the jurisprudential and legal nature of civil employee in Iran’s legal system. It seems that a single same nature cannot be used to justify employment relations due to the diverse missions of executive agencies. Accordingly, permanent civil employment and the state of alternative civilian service is an administrative unilateral. Contractual employment, employment according to Labor Code and employment of specialist retirement is a rental administrative contract of individuals and hourly employment and specific job employment is considered a private contract of hiring of persons.
کلیدواژهها [English]
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