The optimal employment system of village assistants in the regulatory structure of Iran

Village Assistance Office is one of the most important local institutions in the administrative organization of the Islamic Republic of Iran. This decentralized institution, which is classified as a non-governmental public institution in terms of its legal nature, was created in line with the administrative self-organization and in accordance with the Islamic village councils in the eligible areas. According to the executive authority and the requirements governing these institutions, setting the desired employment model will have a great effect on the way of managing the village affairs and the implementation of the government's general policies in these areas. Since the employment system of Village Assistance Office is based on the "Law on the establishment of self-sufficient rural workers in the country's villages" proposed by the Ministry of Interior and approved by the Cabinet, the Cabinet of Ministers has introduced this local institution as subject to the "Labor Law". Meanwhile, the rule of the labor law on the employment system of Village Assistance Office will face various challenges, because on the one hand, the extension of this law to non-governmental public institutions is considered a matter within the competence of the legislator, and the Cabinet of Ministers' initiative to do so is an interference in this competence. It is considered; And on the other hand, the labor law has special requirements and restrictions, especially for public law entities, which, against the principles governing public services, such as the principle of stability and continuity, silences the requirements of village administration or makes them subject to the requirements and will of private law entities. The present article with analytical and descriptive method, along with pathology in the prescribed situation on the one hand and the inclusion of the labor law on the employment system of Village Assistance Office on the other hand, its desirable features with emphasis on the necessity of establishing a special employment law or the inclusion of this category of institutions in The civil service management law will be reviewed