نوع مقاله : مقاله پژوهشی
1 دانشگاه علامه طباطبایی، دانشکده حقوق و علوم سیاسی، گروه حقوق خصوصی و اقتصادی
2 دانشگاه علوم قضایی و خدمات اداری
عنوان مقاله [English]
Objective: Maternity leave is considered as one of the subjects of social security and human rights in any country. The basis of maternity leave is to rest after the childbirth to ensure the health of mother. The aim of this study is to investigate the acts governing maternity leave, to discover the efficient period and the pattern of the social security system of some countries. Meanwhile, studying the sentences of Administrative Justice Court indicate that the basis of maternity leave in view of that Court and its approach is about the expressive reasons of the organizations for non-performing of the rules on maternity leave..
Method: This research is the result of using analytical-descriptive method, while collecting information was done through library research method besides using different sources such as verdicts issued by Administrative Justice Court.
Findings and Conclusion: The social security system of Iran has been developed subordinate to social policies. Currently, the period of maternity leave is 9 months and in some situations 12 months. While the economic approach to maternity leave does not consider this long period to be efficient. In addition, by examining the sentences issued by Administrative Justice Court, it is concluded that the Court has always prioritized the rights of women and mothers, by relying on legal principles, and does not pay attention to the reasons presented by public institutions in the absence of the enforcement of the laws on maternity leave.