An Examination of the Preliminary Juridical Issues on Permissibility of Employment Contract in the State Organizations
Document Type : Research Paper
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Abstract
Employment is one of the main subcategories of human resource management. Upon a close scrutiny, one can understand that management in general and employment in particular are organizational acts; therefore, an organizational action is considered as an obligatory act that is related to jurisprudence. As the mandate of an obligatory act can be inferred through diligent ways, the preliminary juridical issues about the permissibility of employment can be inferred by the same ways. One problem that is experienced in any organization is the matter of losing some experienced work force due to their resignation. Based on this, the question is whether employment contract is permissible, or it is considered as a necessary contract like hiring, or it is an independent contract like appointment that does not have authenticity in nature, with resignation and deposition in it. In this study, we try to apply an analytic-descriptive approach to explain its similarity to and difference from appointment and hiring. By aiming at explaining the legal- juridical nature of employment, we concluded that employment in the sense of inviting to work is not a one-way contract; but it is a necessary legal contract which is consistent with the contract of hiring. We also found that employment is different from appointment in the sense of appointing someone to work. Therefore, any organization has the right to stop its honest and reliable employees from resignation by applying strict conditions for their employment.
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Volume 9, Issue 2 - Serial Number 2
November 2015Pages 113-134
- Receive Date: 18 February 2015
- Revise Date: 14 March 2015
- Accept Date: 27 October 2016