Ray (Judicial Case Review)

Ray (Judicial Case Review)

Commentary on Decision No. 1328 dated 01/09/2013 of the General Board of the Court of Administrative Justice (obligation of the executive body to pay maternity leave for contractual employees

Authors
1 Allameh Tabataba'i University
2 Islamic Azad University Central Tehran Branch
10.22106/jcr.2024.2008752.1461
Abstract
An official and contractual employee has the right to salaries and benefits from the executive body or social security organization during vacation time of gestation and childbirth. There is no dispute in the administrative and judicial procedure regarding the payment of salaries by the executive body of the employee's place of service. In the case of official employees. But, there has always been a difference between the executive body and the social security organization regarding contract employees, for the payment of salaries and benefits for vacation time of gestation and childbirth. This difference has led to the filing of a complaint by the contract employees in the Court of Administrative Justice that Court branches have issued different opinions regarding the subject: including the different opinions issued by the 3rd and 25th branches of the Administrative Justice Court in the field of payment of salaries and benefits by the executive body and the social security organization. Due to difference the issue was raised in the General Board of the Administrative Court of Justice And the court and board, after reviewing the votes of the branches, voted to oblige the executive body to pay the salaries of contractual employees during vacation time of gestation and childbirth. A vote that according to the civil service management law, the national employment law and the contractual employment regulation is incorrect according to the authors. And it is the social security organization that should pay the benefits during vacation time of gestation and childbirth and not the executive body.
Keywords
Subjects

Volume 11, Issue 41
41
Winter 2023
Pages 71-87

  • Receive Date 02 November 2023
  • Revise Date 11 November 2023
  • Accept Date 14 February 2024