The Competent Authorities for Addressing the Recruitment Complaints in the Iranian Legal System; Ambiguities and Solutions

Abstract

Regulations governing the employment of human resources in Iran are studied in two separate legal systems. Provisions relating to public sector employment are studied in the administrative law and provisions relating to private sector employment are studied in the labor law. According to the existing laws, certain authorities are determined in order to deal with complaints concerning the employment of each of these two groups. However, despite the determination of such authorities, it seems that in some cases uncertainty may arise as to discern the competent authority. Its major problem relates to the ambiguity in the scope of labor law on the one hand, and other employment laws and regulations on the other hand. Thus according to the definition of the worker and employee, detecting their difference aspects, their diagnosis criteria, and determination of the competent authority to deal with the recruitment complaints would be essential, and should be conducted according to the rules and legal texts.

Keywords

• jurisdiction
• recruitment complaints
• iranian legal system
• work trial authorities
• administrative justice court