Basic Conditions for validity of Labor Contract conclusion from the perspective of public and private law

The history of labor relations from the era of slavery (which was not identified by any kind of personality for slaves) until the nineteenth century represented suffering and long struggles to recognizing identity and human rights, including rights and freedoms of labor, which led to changing of labor relations. Today, the nature of labor contracts, due to its connection to public order, has changed from the mere private contract to public-private nature.The purpose of this article is to explain the substantive and formal conditions for concluding an employment contract (individual and collective labor contracts) and also guarantees for the implementation of the above conditions in one hand and the condition of lack of legal and fighi prohibition of the parties in seizing the property or work (Article 9 Labor Law) which is one of the special conditions of labor contracts on the other hand. The research method in this article is descriptive-analytical and the method of collecting information is Documentary. The result of this study is that, for the various reasons mentioned in this article, Article 9 of the Labor Code complements Article 190 and subsequent provisions of the Civil Code and each of these two articles reveals the private and public dimensions of labor contracts.