Paternalism and Labour Contracts Law

Paternalism، which has not accepted in the traditional contract law with regard to the persons of Legal capacity، nowadays، is recognized in the labour law and thereby، the government intervention in the labour contracts is prescript to prevent workers from harm to them. This conception is not protected in theory and practice of different theoretical traditions and legal systems as fully and widely as the harm to other، and it is very controversial. Accordingly، this article، firstly، examines the paternalism position in the thoughts of the individualist، communitarian and Islamic schools and then it considers the agreeing and disagreeing views about it with respect to weakness of the paternalism position in Liberalism and its capability in canon law of Islam. Finally، it proposes a framework and some principles prevailing the paternalistic intervention in the labour contracts to establish agreement between mutually discarding views، and thereby it offer the legislator a way by which they can organize the relation of two social groups of workers and employers.