A comparative study of the legal system for the protection of the hazardous jobs in the member states of the European Union and Iran

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Heidarnezhad Valiyollah

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Journal Paper

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Journal: COMPARATIVE LAW REVIEW Year:2023 | Volume:14 | Issue:2 Page(s): 753-783

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Title

A comparative study of the legal system for the protection of the hazardous jobs in the member states of the European Union and Iran

Author(s)

Heidarnezhad Valiyollah | Issue Writer Certificate

Keywords

arduous or hazardous jobs

European Union

Iran

early retirement

Labor Law

Abstract

The physical and mental health of workers and operators of hazardous jobs is directly related to their occupation Therefore, most countries have considered a special support system to support and maintain the health of those who work in hazardous jobs, and the most important and common way to support those who worker is early retirement. Comparing the factors of the legal system to support hazardous jobs in Iran and the member countries of the European Union is the main question of the present research, which has been investigated by descriptive and analytical methods. Considering the bankruptcy crisis of pension funds and in line with economic austerity policies, it can be seen that in the last two decades, the list of hard and unprofitable jobs has been revised and most countries have taken steps to eliminate or reduce support for the hazardous jobs. In Iran's legal system, according to the procedure established by the Administrative Justice Court, the system of supporting hazardous jobs for those subject to the Labor Law and the employees of executive bodies in terms of the authority for determining the hazardous jobs, the number of retirement years, the way to provide for the financial burden of retirement and ... Is different. With regard to the study of European models in Iranian law, amending laws with the approach, requiring employers to reduce and remove environmental pollutants, eliminating discrimination, and creating a balance between the protection of those subject to the Labor Law and the employees of executive bodies, not imposing a financial burden on pension funds in order to maintain the rights of For a generation, reducing the years of friendship, determining the list of the hazardous jobs by a centralized institution with specific quantitative criteria and with the requirement of periodic and continuous revision seems necessary.

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