نوع مقاله : پژوهشی
عنوان مقاله English
نویسندگان English
This research examines the substantive legitimacy of disciplinary dismissal under Iraqi and Iranian labor laws,addressing the challenge of balancing an employer's authority to manage the enterprise against a worker's right to job security and protection against arbitrary contract termination.Its objectives are to define the limits of disciplinary authority;interpret concepts such as"legitimate cause"and"gross misconduct";elucidate the roles of gradation, proportionality,and fairness in assessing the legitimacy of dismissal; and compare the legislative frameworks of both countries.The study employs descriptive, analytical, and comparative methodologies, examining legal concepts, legislative evolution, and the provisions of Iraqi Labor Law No. 37 of 2015 and Iranian labor law,specifically Article 27,alongside the practical applications and scholarly opinions addressed in the original thesis.The analysis concludes that neither system treats disciplinary dismissal as an absolute employer prerogative; instead, both link it to specific work-related grounds and procedural safeguards designed to prevent the abuse of authority.However, the legal structures differ:Iraqi legislation tends to detail specific grounds for dismissal, penalties, and their governing criteria, whereas Iranian legislation places particular emphasis on approved disciplinary regulations and the oversight exercised by worker representative bodies.Ultimately, the research reveals that the adequacy of protection is not measured merely by the volume of legal provisions, but by the clarity of the violation, the soundness of its legal characterization, the proportionality of the sanction, and the feasibility of institutional and judicial review.Accordingly, it advocates for combining legislative precision with collective oversight, standardizing the principles that distinguish minor from gross misconduct, and establishing dismissal as an exceptional measure to be resorted to only after exhausting less severe remedies. The study demonstrates that assessing the gravity of a violation requires a comprehensive evaluation,encompassing the employee's conduct, the resulting consequences, and the safeguards surrounding the imposition of the sanction—thereby facilitating the formulation of a more rigorous and consistent standard for judicial application.
کلیدواژهها English