نوع مقاله : مقاله پژوهشی
نویسندگان
1 دانشجوی دکتری رشته فقه و حقوق، دانشگاه مازندران، بابلسر، ایران
2 دانشیار، پژوهشگاه علوم و فرهنگ اسلامی، قم، ایران.
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسندگان [English]
The Rule of Respect (Qa’idat al-Ihtiram), as one of the fundamental jurisprudential and legal principles, holds a central position in the Iranian labor law system and serves as the basis for regulating relations between workers and employers. The primary problem of this research is to examine the extent to which this rule has been institutionalized within legislative, executive, and judicial structures, and to identify the strengths, weaknesses, and reformative capacities in this path. The research findings indicate that the Legislative Branch, by transforming jurisprudential foundations into binding rules, has provided a legal framework for protecting the rights of workers and employers. The Executive Branch has brought these rules into the practical sphere through the drafting of bylaws, executive regulations, and institutional supervision. Furthermore, the Judicial Branch has provided the necessary judicial support for the realization of this rule by establishing specialized dispute resolution bodies, applying executive and criminal guarantees, and through the supreme oversight of the Court of Administrative Justice. Thus, the Rule of Respect in Iran's labor law system is not merely a theoretical principle but a practical and binding framework operating at all levels of legislation, execution, and adjudication.
Despite these achievements, the Iranian labor law system faces serious practical challenges, including legal conflicts between the Labor Law and other statutes, weak enforcement mechanisms, prolonged litigation, and a lack of institutional oversight. These challenges create a gap between the "letter of the law" and "social reality," hindering the full realization of human dignity and social justice in labor relations. The overall conclusion of the research is that the Rule of Respect possesses a central role in resolving these challenges. Strengthening enforcement guarantees, promoting institutional supervision, resolving legal conflicts, and reducing litigation delays are the capacities of the Rule of Respect that can enhance the efficiency of the labor law system and fully realize its role at institutional and policy levels. The research methodology is based on documentary and legal analysis, wherein the articles of the Labor Law, executive bylaws, and labor procedure regulations are examined in light of the jurisprudential foundations of the Rule of Respect.
کلیدواژهها [English]
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