THE JURIDICTION OF ADMINISTRATIVE JUSTICE COURT IN CONNECTION WITH THE COMPLAINTS ARISING FROM THE PUBLIC EMPLOYMENT CONTRACTS

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NEJABATKHAH MORTEZA; FAGHIH LARIJANI FARHANG

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Journal: PUBLIC LAW STUDIES QUARTERLY Year:2016 | Volume:46 | Issue:2 Page(s): 231-245

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Title

THE JURIDICTION OF ADMINISTRATIVE JUSTICE COURT IN CONNECTION WITH THE COMPLAINTS ARISING FROM THE PUBLIC EMPLOYMENT CONTRACTS

Author(s)

NEJABATKHAH MORTEZA | FAGHIH LARIJANI FARHANG | Issue Writer Certificate

Keywords

ADMINISTRATIVE JUSTICE COURTQ1

EMPLOYMENT CONTRACTQ1

EMPLOYMENT RIGHTSQ1

PUBLIC EMPLOYMENTQ1

PUBLIC SERVICES CODEQ2

Abstract

According to clause (3) of article (10) of ADMINISTRATIVE JUSTICE COURT's code, public employees’ claims against administrative bodies regarding violations of EMPLOYMENT RIGHTS are under The Court's juridictions. Even though The PUBLIC SERVICES CODE states them as one of the main formats of PUBLIC EMPLOYMENT in governmental bodies, contracts don't fall under the above-mentioned court's juridiction. As a result, an essential question emerges: what is the basis of ADMINISTRATIVE JUSTICE COURT's jurisdiction in accepting claims based on contractual employment? To reach an answer, this essay intends to recognize a distinction between contractual employments and private contracts that are not under The Court's juridiction in accordance to the decision of its general board. The argument is that the employment's contract has a law-based nature. All conditions, consequences and regulations of an administrative contract are determined by the law. Any alterations to its content depend on enacting new provisions and finally, parties' consent is irrelevant to conclude an administrative contract.

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APA: Copy

NEJABATKHAH, MORTEZA, & FAGHIH LARIJANI, FARHANG. (2016). THE JURIDICTION OF ADMINISTRATIVE JUSTICE COURT IN CONNECTION WITH THE COMPLAINTS ARISING FROM THE PUBLIC EMPLOYMENT CONTRACTS. PUBLIC LAW STUDIES QUARTERLY, 46(2), 231-245. SID. https://sid.ir/paper/251105/en

Vancouver: Copy

NEJABATKHAH MORTEZA, FAGHIH LARIJANI FARHANG. THE JURIDICTION OF ADMINISTRATIVE JUSTICE COURT IN CONNECTION WITH THE COMPLAINTS ARISING FROM THE PUBLIC EMPLOYMENT CONTRACTS. PUBLIC LAW STUDIES QUARTERLY[Internet]. 2016;46(2):231-245. Available from: https://sid.ir/paper/251105/en

IEEE: Copy

MORTEZA NEJABATKHAH, and FARHANG FAGHIH LARIJANI, “THE JURIDICTION OF ADMINISTRATIVE JUSTICE COURT IN CONNECTION WITH THE COMPLAINTS ARISING FROM THE PUBLIC EMPLOYMENT CONTRACTS,” PUBLIC LAW STUDIES QUARTERLY, vol. 46, no. 2, pp. 231–245, 2016, [Online]. Available: https://sid.ir/paper/251105/en

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