Majzooban Noor: One of the lawyers who has been the attorney of several legal proceedings in the field of labor and social security, confirmed the report and said: “In many cases, the departments of Labor and Social Affairs, by announcing their disqualification based on the Article 188 of Iranian labor law, refuse to take action on grievances issued by staffs of the organizations and government institutions which are run through government’s budget.
This leaves the prosecution with no choice but to refer to the Court of Administrative Justice after at least two to three months and make a new lawsuit.
He pointed out: “Due to their financial problems, most of these employees can not afford to hire a lawyer or consult with the persistent one who at least object to the departments of Labor and Social Affairs and take the suit to the Administrative Justice Court (labor court). However, it is not clear why the Administrative Justice Court (labor court) in an action which does not seem legal and appropriate to its duties, declares its disqualification for giving any votes and does so according to the “(conventional verdicts of the general juries) or (General Staff Court precedents vote) “. The plaintiffs are then usually referred to one branch of minister of justice.
The process at least takes eight to nine months while yield no positive results for the illegally dismissed workers, said the high-profiled lawyer. He added: “In such circumstances, because of the waiting for months and having no income, the complainers try to forget all about it and attempt to find another job and they basically do not go to the minister of justice because the action is not only time consuming but also requires covering opportunity costs. The workers, not being able to sustain this long out of job, head for other way, and relinquish the case undone while are despair of the justice system, which is unworthy of our regime.
He also mentioned: “Since the trails held by Administrative Justice Court (labor court) are not at the presents of these people, they do not even know how to defend their rights before the judge and as I said they can not afford to hire lawyers. As a result of this obscure process, the rights of employees of public agencies are usually violated.
According to this report a contract employee of one of the branches of the Islamic Development Organization while holding some evidences of his illegal dismissal which have also been submitted to the Tehran’s northeast branch of department of Labor and Social Affairs and Administrative Justice Court (labor court), Confirmed this long and inconclusive procedure: this must be asked from authorities of the Ministry of Labor and Social Affairs and the Judicial System that why there is this much weakness and failure in labor law that law-abiding people like us who have followed carefully all legal standards such as doing tasks accurately and paying Taxes and insurance, according to documents available in our cases, have to be so oppressed . What is more indecorously is that the Judicial System which claims credit for being the support of the oppressed, has exasperated us by advocating law-breaker organizations, So that we because of our responsibility of securing our families are forced to drop our grievances.
According to this report the Judicial System is needed to at least:
1.To Ask Court of Administrative Justice (labor court), which currently investigates petitions without having the prosecutions in the court to provide opportunity for the complaining public agencies worker whose majority has no knowledge of legal rules and writing a complaint to be present at the trail.
In this case, it must be noted that according to research conducted, during the process of handling cases, attendance of the petitioner is not prevented by staff and Administrative Justice Court (labor court) judges, but often those people due to lack of knowledge of judges flexibility in this area, don’t do so until after the verdict when this, based on studies done, don’t have any impact on the vote
2.Demand Administrative Justice Court (labor court) to train these people how to take legal action by offering advice to them, and then start proceeding with these lawsuits.
3. To address their cases in a shorter time while most of them are unemployed and without income in order for them to obtain their violated right.
4.By proposing to judges of the Court of Administrative Justice, prevent verdicts based on “precedent” from happening.
5.Allow plaintiffs who have faced this kind of problems to plead again in order for them to obtain their rights, and for the judicial system to clear its name from such ambiguities.