Damages for Preventing the Right of the Wife, to Work in the Non-financial Relationship of the Couple

The employment right of wife is one of the non-financial rights in the relationship between couples, the issue of compensation for obstruction of which has been less investigated and the present paper tries to explain it.

The present study is descriptive and analytical using library method.

Ethical considerations:

 In the present paper, the originality of the texts, honesty and trustworthiness are respected.

According to jurisprudence and subject rights, the husband can prevent the wife's employment if it is against the family interests or the dignity of the husband or wife. Preventing the wife's right to work is only possible with a court order, and if the husband prevents the wife's right to occupation without a court order, he is responsible and must compensate the damage caused to the wife. There is a difference of opinion regarding the responsibility of compensating damages caused to third parties, including the employer. Some people believe that the wife is responsible for compensating the employer or the parties to the employment contract because the husband's obstruction of the court order does not include the rule of force majeure. According to others, the wife is not responsible in this regard and the husband is responsible for paying damages to third parties.

due to the contract and work commitment of the wife to the third parties, the wife herself is responsible for compensating the damages caused to them, but the wife has the right to refer to the husband for the damages she has paid to the employer. Since the silence of the law in this case is considered a legal defect, therefore, a plan should be thought of in this field.