Economic Analysis of the Guardian Council's Approach in Passing the Labor Law; a Case Study of Contractual Freedom

Q: How can I download an article?

To download an article from SID, first log in to the site, search for the article title, and click on the 'Download Article' option.

Q: How can I download an ISI article?

To download an ISI article on SID, enter the keyword or article title in the search bar, view the relevant results, click on the desired article, and select the 'Download Article' option.

Q: How can I access the SID database?

To access the SID database, visit SID.ir, create an account, and log in to access scientific resources.

Q: Is downloading articles from SID free?

Some articles on SID are available for free, while others require payment. Details are specified on the article's page.

MANSOURIAN MOSTAFA; ROSTAMI VALI; SHABANI AHMAD

مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

Journal Paper

Paper Information

Journal: JOURNAL OF PUBLIC LAW KNOWLEDGE Year:2019 | Volume:8 | Issue:23 Page(s): 87-106

Download Full-Text

Persian Verion

View:

504

Download:

Cites:

Information Journal Paper

Title

Economic Analysis of the Guardian Council's Approach in Passing the Labor Law; a Case Study of Contractual Freedom

Author(s)

MANSOURIAN MOSTAFA | ROSTAMI VALI | SHABANI AHMAD | Issue Writer Certificate

Keywords

Economic Analysis

Approach of the Guardian Council

Contractual Freedom

Labor Contract

Law and Economics

Abstract

To protect workers and to ensure the minimum privileges and job securities for them, the Labor Bill was passed in the Islamic Consultative Assembly, and in numerous important cases, accepted the government's interference in the relationship between employee and employer and restricted the parties' will to conclude the contract. However, the Guardian Council considered mandatory the parties' agreement in Labor Contracts in accordance with the primary Sharia rule; even though that agreement didn’ t predict minimum wage, vacations and holidays, insurance, severance pay and the like. Indeed, the review of the Guardian Council's comments in this regard indicates that the Council believed in Contractual Freedom as one of the original Islamic systems and considered its permanent change to be impossible. On the basis of this approach, the Islamic ruler and his agents can only temporarily violate these systems and avoid enforcing them on the basis of necessity and public interest until the removal of the impediments. This article seeks to evaluate the Approach of the Guardian Council based on the Contractual Freedom from the economic perspective. The findings of this study indicate that based on the Economic Analysis, the Guardian Council's approach, more than that of the current Labor Law, has been to provide both worker and employer benefits and to improve the employment status.

Cites

No record.

References

No record.

Cite

APA: Copy

ROSTAMI, VALI, SHABANI, AHMAD, & MANSOURIAN, MOSTAFA. (2019). Economic Analysis of the Guardian Council's Approach in Passing the Labor Law; a Case Study of Contractual Freedom. JOURNAL OF PUBLIC LAW KNOWLEDGE, 8(23 ), 87-106. SID. https://sid.ir/paper/370901/en

Vancouver: Copy

ROSTAMI VALI, SHABANI AHMAD, MANSOURIAN MOSTAFA. Economic Analysis of the Guardian Council's Approach in Passing the Labor Law; a Case Study of Contractual Freedom. JOURNAL OF PUBLIC LAW KNOWLEDGE[Internet]. 2019;8(23 ):87-106. Available from: https://sid.ir/paper/370901/en

IEEE: Copy

VALI ROSTAMI, AHMAD SHABANI, and MOSTAFA MANSOURIAN, “Economic Analysis of the Guardian Council's Approach in Passing the Labor Law; a Case Study of Contractual Freedom,” JOURNAL OF PUBLIC LAW KNOWLEDGE, vol. 8, no. 23 , pp. 87–106, 2019, [Online]. Available: https://sid.ir/paper/370901/en

Related Journal Papers