نوع مقاله : مقاله پژوهشی
1 کارشناسی ارشد حقوق جزا و جرمشناسی، دانشگاه علم و فرهنگ ، کارمند سازمان تأمین اجتماعی (نویسندۀ مسئول)
2 کارشناسی ارشد آمار ، کارمند سازمان تأمین اجتماعی
عنوان مقاله [English]
Objective: This article studies the rights of Social Security Organization in terms of issued verdicts by the Court of Administrative Justice on hard and harmful occupations, and also examines the need to amend the law and judicial procedures. In this regard, the legal requirements to perform the duties of Social Security Organization, as a method of preventing
complaints, is surveyed as well.
Method: The present study is the result of analyzing the hard and harmful occupations in terms of the issued verdicts by the Court of Administrative Justice.
Findings and Conclusion: In order to perform its duties, the Social Security Organization has the right to use comprehensive laws to prevent complaints and votes against this fund, which needs the revision of a variety of ambiguous laws regarding hard and harmful occupations. Achieving this goal, requires determining the persons subject to Note 2 of Article 76 of the Social Security Law, as well as to determine the eligibly qualifying conditions. Accordingly, legal powers should be authorized to Social Security Organization in different fields including: recognition of the conditions to retire from hard and harmful occupations; the conformity of type and title of workers’ occupation in regard to the issued verdict by the committee of provincial Labor Office; the approval of performance guarantee for duties of employers to eliminate the pollution factors from workshops; and benefiting from a doctrinal interpretation rather than general interpretation of laws in the field of hard and harmful occupations.