Public Law Studies Quarterly

The Judicial Process of Individual Labor Disputes in Iran, France and the United States

Document Type : Article

Authors

Abbas Karimi 1
Fatemeh Rahmati 2

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

https://doi.org/10.22059/jplsq.2021.306812.2505
Abstract
The large number of employers and employees and their substantial participation in the economy and the weak position of employees in the labor-management relationship, demonstrates the importance and necessity of research on individual labor dispute resolution. This paper is a comparative study of the judicial mechanisms for individual labor dispute resolution in Iran, France and The United States. In Iran, unlike the two other countries, administrative authorities resolve labor disputes under special rules. This study will show that the use of a professional judge who is an expert in labor law and familiar with the social, political and economic aspects of labor relations, in addition to representatives of workers and employers who truly represent their respective groups, together with reforming procedural aspects of labor law, especially in terms of discovery of evidence, will significantly improve Iranian labor law.

Keywords

administrative authorities
judicial authorities
labor courts
labor procedure code

  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. https://www.inc.com. 2019/10/26
    3. https://www.nlrb.gov. 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).
Public Law Studies Quarterly
Volume 52, Issue 4
Winter 2023
Winter 2022
Pages 1757-1778

  • Receive Date 26 July 2020
  • Revise Date 23 November 2020
  • Accept Date 26 January 2021

Home

Journal Process Ethics

Peer Review Process

Submission

Indexing and Abstracting

Contact Us