Document Type : Article


1 prof., Department of Private and Islamic Law, Faculty of Law and Political science, University of Tehran, Tehran, Iran

2 Ph.D. in Private Law, Alborz Campus, University of Tehran, Tehran, Iran


The large amount of labors and employers and their economic participation rate in the countries, special and weaker position of labors in labor relationship and labor livelihood dependence to the work, shows us the importance and necessities of researches about individual labor dispute resolution. This article consider judicial mechanisms of individual labor dispute resolution that is methods uses legal remedies to resolve a lawsuit from the point of view of the litigant as well as the rules and regulations governing the proceedings in Iran, France and The United States of America. In Iran, unlike the two other countries that uses another systems, Administrative Authorities in accordance with special rules handles and resolves labor disputes; while studies shows the use of labor courts with a combination of a professional judge who is expert in labor law and familiar with the social, political and economic foundations of labor relations and Representing workers and employers who are the true representative of their groups and amending the relevant by-laws especially assigning more active role for the judge and anticipating an obligation for defendant in discovering the truth is more favorable to Iran labor law.


  1. انگلیسی

    1. A) Books
    2. Ebisui, Ebisui; Cooney, Sean & Fenwick, Colin (2016), Resolving Individual Labor Dispute (A comparative overview), First edition, Geneva ، International Labor Office، ILO
    3. Labor Dispute Systems, Guidelines for improved performance (2013), First edition, International training center, ILO, Geneva.



    1. B) Articles
    2. Budd, John & Colvin, Alexandre (2008), “Improved metrics for workplace dispute resolution procedure: Efficiency, equity and voice”, Industrial Relation, Vol.47, No. 3, pp. 460-479.
    3. Colvin, Alexandre (2012), “American workplace dispute resolution in the individual rights era”, International Journal of Human Resource Management, Vol.23, No. 3, pp. 459-475.
    4. Epstein, Richard A (1984), “In Defense of the Contract at Will”, 51 The University of Chicago Law Review 974, pp.946-982.
    5. Eugene K. Connors, Brooke Bashore-Smith (1991), “Employment Dispute Resolution in the United States: An Overview”, Canada-United States Law Journal, Vol.12, Issue 2, pp.318- 335.
    6. Fine, Jinc (2007), “A marriage made in heaven? Mismatches and misunderstandings between worker centers and unions”, British Journal of Industrial Relations, Vol.45, No.2, pp.335-360.
    7. Sargos, M. Pierre (2004), “Do we need labor courts?”, Budapest: Twelfth Meeting of European Labor Court Judges.


    1. اینترنتی
    2. 2019/10/26
    3. 2019/10/26


    References in Persian

    1. A) Books
    2. Akbari, Ehsan (2020), the Pathology of Labor Procedures in Iran Legal System, Tehran, Publishing Joint Stock Company (In Persian).
    3. Ghobadi, Hossein (2014), Labor Procedure law, Tehran: Jangal (In Persian).
    4. Hadavand, Mehdi & Aghaei Togh, Moslem (2015), Administration Tribunals in the Light of Fair Trial Principles (Iranian Law in Comparative Perspective), Tehran: Khorsandi Publication (In Persian).
    5. Karimi, Abbass & Parto, Hamid Reza (2018), civil procedure, Tehran: Dadgostar, Vol. 1 (In Persian).
    6. Karimi, Abbass (2017), Proof of litigation, Tehran: Mizan (In Persian).
    7. Katouzian, Naser (2004), the validity of the judgment in a civil lawsuit, Tehran: Mizan (In Persian).
    8. Mohseni, Hassan (2012), French Civil Procedure Code, Tehran: Publishing Joint Stock Company, Vol.1 (In Persian).
    9. Mohseni, Hassan (2012), French Civil Procedure Code, Tehran: Publishing Joint Stock Company, Vol.2 (In Persian).
    10. Nahreini, Fereidoon (2014), Civil Procedure, Tehran: Ganj Danesh Publication, Vol.1 (In Persian).
    11. Shams, Abdollah (2002), Civil procedure, Tehran: Mizan, Vol. 3 (In Persian).


    1. B) Articles
    2. Abadi, Saeed Reza & Agah, Vahid (2010),"The Minimum Wage System in Labor Law in Iran and the United States", Journal of Legal Research, No.52, pp.183-246 (In Persian).
    3. Abadi, Saeed Reza & Edrisian, Hamed (2016), " A Comparative Study on the Structure of Labor Dispute Settlement Boards in Iran and Some European Countries", Journal of Comparative Law Studies, No.2, pp.385-403 (In Persian).
    4. Amiri, Mohsen & Vijeh, Mohammad Reza (2014), "Basic Principles Governing Judicial Independence in Iran’s Legal System with an Eye to France’s Legal system", Journal of Comparative Law Research, Vol. 18, No.3, pp.1-26 (In Persian).
    5. Badini, Hassan & Davoudi Beiragh, Hassan (2015), "Civil Liability of the Worker to the Employer", Legal Research Quarterly Journal, No.72, pp.177-200 (In Persian).
    6. Elsan, Mostafa & Mahmoodi, Nasibeh (2018), "A Comparative study on the principle of immutability of litigation in Iranian and American law", Journal of Comparative Law Studies, No.2, PP.473-491 (In Persian).
    7. Karimi, Abbass & Pour Ostad, Majid (2007), "Civil Interrogation in Civil Lawsuit", Journal of the Faculty of Law and Political Science, No. 74, pp.297-347 (In Persian).
    8. Karimi, Abbass & Mohseni, Hassan (2011), “The Principle of Liberty on Defense in Civil Trial”, Journal of Legal Research, Vol.2, No. 3, pp. 93-109 (In Persian).
    9. Karimi, Abbass (2008), “Rational explanation of judicial reason”, Journal of the Faculty of Law and Political Science, Vol.37, No. 4, pp.297-347 (In Persian).
    10. Kashani, Javad (2012), “Group litigation: A response to the need to strike a balance between primary and secondary rules in the legal system”, Journal of Public Law Research, No.37, pp. 121-146 (In Persian).
    11. Mohseni, Hassan (2012), “the Notion of Jurisdiction in Iranian Judicial System”, Legal Journal of Justice, No.79, pp. 99-123 (In Persian).
    12. Mohseni, Hassan (2020), "Delay wage payment bonus (Critique of the vote for unity of procedure No 757 of The General Assembly of the Supreme Court)", journal of Private law studies, Vol.50, No.1, pp. 171-188 (In Persian).
    13. Rostami, Vali & Akbari, Ehsan (2020), "an Investigation into the Legal Pathology of Labor Procedures in Iran", Quarterly Journal of Public Law Studies, Vol. 50, No.1, pp.79-98 (In Persian).
    14. Rostami Cholkasari, Ebadollah & Baziar, Matin (2016), "The Cooperation Theory of the Parties and the Judge in the Settlement of Disputes", Journal of Comparative Law Research, No.1, pp.123-139 (In Persian).
    15. Tahmasebi, Ali (2014), "Comparative Study of Class Action’s Requirements in American and Canadian Law: Teachings for Iran′s Law", Journal of Comparative Law Research, Vol. 18, No.3, pp.153-177 (In Persian).