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Issue Info: 
  • Year: 

    2015
  • Volume: 

    16
  • Issue: 

    1 (41)
  • Pages: 

    5-31
Measures: 
  • Citations: 

    0
  • Views: 

    1392
  • Downloads: 

    0
Abstract: 

The Restraint of Trade Clause shall be taken in labour agreement to preserve the Client's competition position and restraint the employee from disclosing of the Secrets of Trade and creating some subsequent legal relationships. Since, this clause causes a lot of limitations, shall be subject to several conditions including to: (i) employer's legitimate interests, (ii) determining of the time and place of performance of the clause and (iii) not discrepancy with public policy and social benefits. In the Iranian law, since, Labour Act do not comprise the Restraint of trade clause expressly, we will examine the clause under general rules governing on clauses and obligations. This paper wish to examine the clause and conditions thereof generally then in Iranian Law.

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Author(s): 

NAJARZADEH HANJANI MAJID

Issue Info: 
  • Year: 

    2021
  • Volume: 

    26
  • Issue: 

    93
  • Pages: 

    71-88
Measures: 
  • Citations: 

    0
  • Views: 

    297
  • Downloads: 

    0
Abstract: 

One of the non-judicial methods to resolving legal disputes is refer to arbitration. Using of this method is prevalent in many cases and recommend because it can help to reducing the inputs of the judiciary and consequently decreasing the length of the trial. However, some disputes are not, because of some respects, arbitrable. In the Iran legal system, there is no legal explicit clause for the non arbitrablity of labour disputes and the Invalidity of the clause of arbitration in the labour contract, However, some of the principles and special considerations of labour law have made it doubtful. This paper, using a descriptive and analytical method, after examining the presentable arguments on the validity or invalidity of referring to arbitration in labour disputes, ultimately concludes that labor disputes, subject to observance of the mandatory rules and the minimum protective standards of labour law, are arbitrable and accordingly, the clause of arbitration in the labour contract is correct.

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Issue Info: 
  • Year: 

    2020
  • Volume: 

    84
  • Issue: 

    111
  • Pages: 

    23-45
Measures: 
  • Citations: 

    0
  • Views: 

    537
  • Downloads: 

    0
Abstract: 

Labour contract has a crucial role in the formation of Labour relationship, and also prove it. This contract can differentiate the given tie form other concepts and similar institutions in the Civil Code. In relation to current regulations, including labour Code, Correcting law of impediment to manufacture and industrial investment approved in the 2008, and Correcting law of impediment to competitive manufacture and improvement in the financial system with regard to the role of above-mentioned contract in the 2015, procedural and formality of its standards are in doubt. This article has gone over the various standpoints which is related to this issue in a descriptive-analytic and comparative way. Given the outcome, we make out that the formulation of indenture has been just influential in the proof step. Judicial precedent and the lack of anticipation of related sanctions leads to reinforcement of the latter statement. However, the evidence, that proves the litigations of Labour relationship is anticipated in the By-law of Labour Procedure approved 2012, There is no references of testimony and oath as a reason of specific significance. In French Law, there is no conclusive evidence, therefore, according to Civil Law, all the evidence is acceptable; as regard the Case-Law and the protective nature of the Labour Code towards labourer, it is accepted in our Law.

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Author(s): 

NOUBAKHT MOHAMMAD BAGHER

Journal: 

STRATEGY

Issue Info: 
  • Year: 

    2011
  • Volume: 

    19
  • Issue: 

    57 (SPECIAL SECTION ON ECONOMIC STUDIES)
  • Pages: 

    37-62
Measures: 
  • Citations: 

    0
  • Views: 

    5130
  • Downloads: 

    0
Abstract: 

The present study is extracted from an applied- developmental research in which this basic question is put forward: "Among various factors, what is the role of labour law in Iran's labour market and labour relations?" based on this problem the basic questions are as follows: 1. How flexible is the present law to create equilibrium in Iran's labour market? 2. How successful is the present law in proper regulation of labourrelations and creation of worker and employer satisfaction?In order to respond to these questions, first the data related to theoretical bases and findings of related studies were gathered through library reviews and their contents analysed. Second, standard rigidity indicators of JSL and EPL were used to quantitatively measure the flexibility of Iran's labour law. Third, analytical survey approach was used to evaluate the performance of labour law. The significance of differences were tested by squared x and SPSS. Research findings demonstrate that the rigidity and inflexibility of the current law (ratified in 1980) is much higher than those of the previous law (ratified in 1958) and those of other target countries. Findings of the survey performed among workers and employers prove the failure of law inregulating labour relations and creating satisfaction.It is concluded that the labour law should be amended to make it more flexible and to promote labour relations. Given the fact that any amendment requires a change of attitude towards labour relations and the interests of workers and employers, partnership relation model (PRM) is recommended for labour relations in Iran.

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Issue Info: 
  • Year: 

    2022
  • Volume: 

    13
  • Issue: 

    1
  • Pages: 

    339-368
Measures: 
  • Citations: 

    0
  • Views: 

    215
  • Downloads: 

    22
Abstract: 

The present study was conducted by examining the views of relevant experts and their exposure to child labor in Shiraz. Data were obtained through in-depth interviews and analyzed based on grounded theory. Ten axial categories and one core category were extracted from the coding process. The core category was developed under the title of "institutional passivity and sectoralism". The results of the research showed that the causal conditions such as incompatibility and institutional and managerial confusion, diversity of perspectives to the phenomenon of child labor and non-governmental organizations and indifference towards child labor has caused the emergence of this phenomenon. Intervening conditions include: negative representation and conflicting media activities, Inhibition of some domestic and international rules and laws and child labor of nationals and the problem of identification and identity. This central phenomenon is located in special conditions and contexts due to family pressure and starting the work process in childhood, child labor as an income generating industry, child labor as a source of financial support for the family and the unique opportunity for working children, and Shiraz's oppurtunities for immigrants. The type of encounter with working children in Shiraz has caused numerous consequences that can be seen Unreasonable increase of child labor of nationals, Failure to contain and control the problem of working children, lack of proper organization and social support of working children, Anonymity of working children and persuasion and encouragement of nationals to immigrate to Shiraz.

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Issue Info: 
  • Year: 

    2014
  • Volume: 

    9
  • Issue: 

    20
  • Pages: 

    27-55
Measures: 
  • Citations: 

    0
  • Views: 

    1330
  • Downloads: 

    0
Abstract: 

Whereas the labour inspection system is a public function and a responsibility of government, therefore, the necessity dictates that labour inspectors shall be composed of public qualified officials, and they also have executive, regulatory, advisory, corrective, making policy and preventive important duties. Hence, In order to enforce these duties in premises, they, in addition to have certain rights and powers, should enjoy the stability and independence of the employment, so that they exercise their duties and powers in impartial manner and free of undue pressures and constraints from outside the system, in order to protect the manpower, economic sources and environment of work that are, nowadays, considered as essential elements of sustainable developments. Therefore, labour inspectors, as representatives of the State in thr world of work, are empowered considerable rights legal powers that their proper enforcement of these rights and duties constitutes the fundamental to the authority of inspectors and inspection system as a whole. Instead of these rights and powers, labour inspectors also undertake the obligations that consist of: the compliance to the principle of the impartiality in the process of the inspections, preservation of professional secrecies concerned with employers, confidentiality regarding the source of complaints and professionalism and competency.

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Issue Info: 
  • Year: 

    2008
  • Volume: 

    10
  • Issue: 

    2
  • Pages: 

    81-87
Measures: 
  • Citations: 

    0
  • Views: 

    1752
  • Downloads: 

    0
Abstract: 

Background and aim: Using of some methods that regulate uterine contraction and accelerate labor is necessary. One of these methods is mother's position in active phase of labour. The purpose of this study was to evaluate the mother's position in active phase of labour on length of active phase, Apgar score and type of delivery.Methods: In this clinical trial study, a total of 200 pregnant women who referred to Emam Khomeyni hospital of Falavarjan were selected using simple method. They subsequently, were randomly divided in 4 groups of lateral, sitting, ambulating, and tree position. (Each group consisted of 50 women). Sampling was done during labor and a questionnaire was used for data collection. Data analysis was descriptive and analytic statistic and the software used in this research was SPSS.Results: The length of active phase in primipara, mulripara, the 5 minute Apgar, the length of the active phase in partial cephalo pelvic disproportion (CPD) and the type of delivery all were 3.57±0.52, 2.23±0.3, 2.46±0.25, and 2.25±0.16 hours, respectively. The length of "active phase in primipara was more than that in 3 others (P<0.01). Also, the mean of the second phase of pregnancy in these two groups was more than the earlier one (P<0.01). There was no difference among the four groups in the case of Apgar. However, Apgar of 8-10 in the fifth minutes in the sleep group was more than that of the other groups (P<0.001).Conclusion: Regarding the findings of this research, the mother's position except lateral position can effectively decrease the length of the active phase of labor, improve the 5 minute Apgar score and decrease rate of c/s. Mothers position in labor also improve the length of the active phase of labor in woman with partial cephalo pelvic disproportion (CPD).

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Author(s): 

KEESING DONALD B.

Issue Info: 
  • Year: 

    1966
  • Volume: 

    56
  • Issue: 

    2
  • Pages: 

    249-258
Measures: 
  • Citations: 

    1
  • Views: 

    146
  • Downloads: 

    0
Keywords: 
Abstract: 

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

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Author(s): 

OSULLIVAN G.

Issue Info: 
  • Year: 

    2005
  • Volume: 

    15
  • Issue: 

    -
  • Pages: 

    9-17
Measures: 
  • Citations: 

    1
  • Views: 

    121
  • Downloads: 

    0
Keywords: 
Abstract: 

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

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Author(s): 

LEE M.K. | CHANG S.B. | KANG D.H.

Issue Info: 
  • Year: 

    2004
  • Volume: 

    10
  • Issue: 

    6
  • Pages: 

    956-965
Measures: 
  • Citations: 

    2
  • Views: 

    145
  • Downloads: 

    0
Keywords: 
Abstract: 

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

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