JURISPRUDENTIAL ANALYSIS OF DIFFERENTIATION BETWEEN CONTRACT AND LABOR AGREEMENT

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NIKKHAH REZA; SALEHI SEYYED MAHDI; MORTAZAVI SAYYED SALMAN

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Paper Information

Journal: Islamic jurisprudence Resaerch Year:2017 | Volume:13 | Issue:3 Page(s): 583-610

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Title

JURISPRUDENTIAL ANALYSIS OF DIFFERENTIATION BETWEEN CONTRACT AND LABOR AGREEMENT

Author(s)

NIKKHAH REZA | SALEHI SEYYED MAHDI | MORTAZAVI SAYYED SALMAN | Issue Writer Certificate

Keywords

CONTRACTQ1

LABOR AGREEMENTQ1

RENT OF SPECIAL HIREDQ1

RENT OF COMMON HIREDQ1

Abstract

When law of labor was legislated, some of hire of persons went out of Iranian civil code and get under the rules of labor law. This type of hires is called LABOR AGREEMENT and the remaining type of hires is called CONTRACT under the civil law. Following this separation, the problem of differentiation between CONTRACT and hire of persons under the labor law was raised among civil and labor lawyers. The lawyers have tried to present the criteria for differentiation between the two types of rents from different aspects. However, none of the common criteria can completely distinguish the nature of two types of rents. The problem is important because LABOR AGREEMENT determines, from one hand, obligations and responsibilities for employers, and on the other hand, rights and privileges for the hired person. Every hiring under the LABOR AGREEMENT includes these obligations and rights. Considering the importance of the problem and its being controversial in law and since it has not been dealt with in Imamiyyah jurisprudence, this paper, first, aims to present and analyze the views of lawyers and next to analyze the principle of differentiation in Imamiyyah jurisprudence.

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APA: Copy

NIKKHAH, REZA, SALEHI, SEYYED MAHDI, & MORTAZAVI, SAYYED SALMAN. (2017). JURISPRUDENTIAL ANALYSIS OF DIFFERENTIATION BETWEEN CONTRACT AND LABOR AGREEMENT. ISLAMIC JURISPRUDENCE RESEARCH, 13(3 ), 583-610. SID. https://sid.ir/paper/220879/en

Vancouver: Copy

NIKKHAH REZA, SALEHI SEYYED MAHDI, MORTAZAVI SAYYED SALMAN. JURISPRUDENTIAL ANALYSIS OF DIFFERENTIATION BETWEEN CONTRACT AND LABOR AGREEMENT. ISLAMIC JURISPRUDENCE RESEARCH[Internet]. 2017;13(3 ):583-610. Available from: https://sid.ir/paper/220879/en

IEEE: Copy

REZA NIKKHAH, SEYYED MAHDI SALEHI, and SAYYED SALMAN MORTAZAVI, “JURISPRUDENTIAL ANALYSIS OF DIFFERENTIATION BETWEEN CONTRACT AND LABOR AGREEMENT,” ISLAMIC JURISPRUDENCE RESEARCH, vol. 13, no. 3 , pp. 583–610, 2017, [Online]. Available: https://sid.ir/paper/220879/en

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