Ray (Judicial Case Review)

Ray (Judicial Case Review)

Criteria for calculating and paying workers' annuities; Case study of Judgment No. 3328 of the General Assembly of the Court of Administrative Justice

Authors
Seyed Rasoul Tabatabaei moghadam 1
mahdi sarayloo 2
1 Imam Sadiq University
2 Imam Sadiq university
10.22106/jcr.2024.556062.1418
Abstract
One of the rights of workers at the end of labor relations is the right to years, which is known as the termination bonus and the like. The legislature mentions the amount that is paid to the worker equal to one month (or more) of the last salary (or wage) for each year of work experience. Wages are also considered to be all cash and non-cash funds that are paid to the worker in return for doing work during normal working hours. On the other hand, the right to work includes all the worker's earnings, including wages and other legal benefits. ; Therefore, according to legal documents, the basis for calculating and paying annuities is only wages and salaries, and the right to work, which is the sum of legal wages and benefits, can not be considered as a criterion for paying annuities. However, the decision No. 3328 dated 11/29/1398 of the General Assembly of the Court of Administrative Justice has declared the criterion for calculating and paying the annual salary to be the absolute rights of the worker (including the titles of wages, salaries and labor rights). This article seeks to investigate the discrepancy or conformity of the claim of the lawsuit No. 3328 of the General Assembly of the Administrative Justice Court with the relevant articles in the Labor Law and the possibility of implementing Article 91 of the Law on Organization and Procedure of the Administrative Justice Court.
Keywords
severance pay
salary
The right of action
Labor Law
Court of Administrative Justice
Subjects
Ray (Judicial Case Review)
Volume 12, Issue 43
43
Spring 2024
Pages 119-130

  • Receive Date 18 June 2022
  • Accept Date 04 November 2024