The mechanism for resolve labor disputes in the legal system of Iran and America; According to the standards of the International Labor Organization

Paknejad, Aminallah; Rostami, Vali

doi:10.22059/jplsq.2021.310182.2565

Document Type : Article

Authors

Aminallah Paknejad ¹
Vali Rostami ²

¹ Ph.D. Student in Public Law, Department of Public and International Law, Faculty of Islamic Studies and Law, Imam sadiq university, Tehran, Iran.

² Professor of Public Law, Department of Public law, Faculty of Law and Political Science, University of Tehran, Tehran, Iran

10.22059/jplsq.2021.310182.2565

Abstract

Due to its economic-legal nature, litigation in labor law has special requirements; Because the government in regulating labor-employer relations, as well as the broad economic effects on labor rights, requires the need to design a judicial system for economic growth and the survival of both groups. ILO has set norms and rules in this area that can guide countries. In addition, it is necessary to use preventive experiences in regulating labor relations (including the United States) to improve the judicial system in the country; but how we can make a use of them. The authors have started with a descriptive-analytical method and a comparative approach to enumerate the norms of the ILO in the field of labor litigation (in three areas of using alternative dispute resolution, specific principles of collective litigation and principles of mutual participation). How to implement these norms in Iran and the United States are examined. In the United States, special attention has been paid to the first two norms, that in Iran it is faces several weaknesses. The implementation of the third norm in Iran is also better than the United States.

Keywords

Main Subjects

Public Law

References

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The mechanism for resolve labor disputes in the legal system of Iran and America; According to the standards of the International Labor Organization

References

References

Articles in Press, Accepted Manuscript Available Online from 21 June 2024

Articles in Press, Accepted Manuscript
Available Online from 21 June 2024