Authors
Assistant Professor, Faculty of Law and Political Sciences, University of Mazandaran, Babolsar, Iran
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.
Keywords
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