Critique of Iran's Labor Dispute Resolution System from the Perspective of Justice and Fairness: A Comparative Study of the Labor Dispute Resolution System in England
Keywords:
Iran and England, fairness, justice, labor rights, labor procedure, litigation system, comparative legal systemAbstract
The labor procedural system, as one of the vital pillars of labor law, plays a crucial role in ensuring the rights of both workers and employers and in realizing justice and fairness within labor relations. The aim of this study is to examine and critique Iran’s labor justice system from the perspectives of justice and fairness through a comparative analysis with the labor justice system in England. The findings of this research revealed that Iran's labor justice system, in comparison to the English system, suffers from deficiencies and shortcomings. Although efforts have been made in Iran’s Labor Law and the procedural rules of labor dispute resolution authorities to limit the dismissal of workers and ensure job security, in many cases, due to the general nature of the legal provisions, it has not been possible to distinguish between unlawful dismissal and unjustified termination. Moreover, the practice of the Administrative Justice Court, as the judicial authority overseeing this institution, does not align with the conventions and recommendations of the International Labour Organization (ILO) that have been ratified and implemented in Iran. On the other hand, in England, where such conventions and recommendations have been adopted and are binding, workers' rights are better protected.
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