Iran's legal system and the procedure of administrative justice court on the subject of unemployment insurance

Document Type : Original Article

Authors

1 Master's student in Public Law, Allameh Tabatabei University

2 Master's student in Public Law, Allameh Tabatabei University

10.22034/qjo.2023.369389.1286

Abstract

Objective: The problem of unemployment and ensuring the livelihood and health of workers during unemployment period is always one of the main issues of labor code and social security. The purpose of writing this article is to investigate the situation of unemployment insurance in Iran's legal system.
Method: The research method is descriptive-analytical, and the data were collected through library sources.
Findings and Conclusion: The results of this study show that in Iran, since 1990, based on the adoption of "the Unemployment Insurance Law", workers who are unemployed against their will can be covered by unemployment insurance as a "social support" under the terms and conditions determined by the competent authority. Also, the results of the research show the strong role of the judicial procedure of the Administrative Court of Justice in removing ambiguity from the unemployment insurance law. Based on this legal procedure, unemployment caused by the termination of the contract by the employer, dismissal due to negligence or violation of disciplinary regulations, redemption against the will, handing over the workplace to another, retrenchment due to lack of need and geographical change of the place of service and all involuntary unemployment is included in unemployment insurance, and on the other hand, unemployment caused by seasonal jobs, termination of contract and unemployment of voluntary insured persons are excluded from unemployment insurance. The Administrative Court of Justice also allows receiving a provision for older workers who are fifty-five years old or older at the time of receiving unemployment insurance, until retirement.
 
 

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History

  • Receive Date: 23 September 2022
  • Revise Date: 22 November 2022
  • Accept Date: 30 November 2022

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