The Criterion to Distinguish

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NAJARZADEH HANJANI MAJID

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Title

The Criterion to Distinguish "Worker" from "Employee" in Iranian Legal System

Author(s)

NAJARZADEH HANJANI MAJID | Issue Writer Certificate

Keywords

LaborQ2

employeeQ1

Labor ContractQ1

employerQ1

AdministrationQ2

Abstract

In terms of legal status, 'workers' and 'employees' jobs are indicative of "subordinate Labor", which, despite some similarities in dual legal systems, have certain conceptual features, and thus recognizing and distinguishing their examples have significant practical implications. Among the similarities between these two legal situations, one can mention personality similarity, wage compliance, and order compliance. But in distinguishing these two terms, one must keep in mind the differences and specifications of each. The nature and basis of the employment are absolutely legal, but the basis for the formation of the worker-employer relationship is the contract. The basis of employee's compliance with the orders of supreme administrative position is the principle of administrative discipline, but the basis for the worker's order compliance is the economic risk of the employer. Finally, the recruitment of an employee is possible only by the Administration and with full compliance with the legal terms and conditions of public employment, including the conduct of the public employment examinations. However, employing a worker and concluding a contract is not limited to the Administration and is done by the consent of the parties.

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APA: Copy

NAJARZADEH HANJANI, MAJID. (2019). The Criterion to Distinguish "Worker" from "Employee" in Iranian Legal System. JOURNAL OF PUBLIC LAW (LAW RESEARCH QUARTERLY) (LAW & POLITICS RESEARCH JOURNAL), 21(64 ), 9-24. SID. https://sid.ir/paper/225267/en

Vancouver: Copy

NAJARZADEH HANJANI MAJID. The Criterion to Distinguish "Worker" from "Employee" in Iranian Legal System. JOURNAL OF PUBLIC LAW (LAW RESEARCH QUARTERLY) (LAW & POLITICS RESEARCH JOURNAL)[Internet]. 2019;21(64 ):9-24. Available from: https://sid.ir/paper/225267/en

IEEE: Copy

MAJID NAJARZADEH HANJANI, “The Criterion to Distinguish "Worker" from "Employee" in Iranian Legal System,” JOURNAL OF PUBLIC LAW (LAW RESEARCH QUARTERLY) (LAW & POLITICS RESEARCH JOURNAL), vol. 21, no. 64 , pp. 9–24, 2019, [Online]. Available: https://sid.ir/paper/225267/en

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