Supporting Employees of Arduous or Hazardous Clinical Jobs in the Light of the Case Law of the Administrative Court of Justice

Human rights such as the right to life, the right to health, the right to work and social security, and the right to a healthy environment call for supporting workers of arduous or hazardous jobs in forms of their right to enjoy a proper, healthy and hygienic work environment and support during work and retirement. Clinical occupations have specifically been designated as arduous or hazardous occupations by the legislator's decree and its employees have been further supported. Unfortunately, because the mentioned employees work in different governmental and non-governmental sectors and that they are under different laws and regulations including different provisions depending on the relevant sector, different procedures have been adopted to support these employees which causes discrimination between people who have the same jobs with similar conditions and with the same duties. Those covered by the labor and social security law retire with at least 20 consecutive years or 25 alternating years of employment experience and without meeting the minimum age requirement, those subject to National Employment Laws and related regulations retire with at least 25 years of employment experience in non-specialized jobs and 30 years in specialized jobs, Azad University employees retire by having at least 20 years of employment experience, workers subjected to the Administrative Regulation for Employment and Organization of Non-faculty Employees of the University of Medical Sciences and Healthcare Services of the Country retire with 25 years of employment experience, and the employees of the armed forces retire with at least 20 years of employment experience. Therefore, extending the conditions of amendment 2 of Article 76 of the Social Security Law 1380 to all those working in arduous or hazardous clinical jobs can be considered a way forward.

Literature Review:

So far, no article has been written about supporting those working in arduous or hazardous clinical jobs.

Descriptive/analytical/exploratory research methods will be used in writing this research. Also, the method of collecting information in the upcoming research will be library research. Other methods of collecting information such as field research and questionnaires will not be used.

The table below demonstrates the different approaches to supporting those working in arduous or hazardous clinical jobs based on the governmental and non-governmental sectors and the different applicable rules to the mentioned sectors:Applicable law Minimum employment experience Minimum age Ex Gratia Payment for early retirement Organization's responsibility or authority Subject to the Labor and Social Security Law 1990.At least 20 consecutive years or 25 alternating years No need for meeting the minimum  age requirement severance pay equal to 1.5 years of experience for each year of employment Duty  to  agree with the request Subject to National Employment Laws and related regulations and employees of Social Security Organization and Martyrs and Veterans Foundation At least 25 years in non-specialized jobs and 30 years in specialized  jobs At least 55 years of age for men and no minimum age requirement for  women 5 years Duty to agree with the request Azad University staff At least 20 years No need for meeting the minimum  age requirement 5 years Duty  to  agree with the request Applicable law Minimum employment experience Minimum age Ex Gratia Payment for early retirement Organization's responsibility or authority Subjects the Administrative Regulation for Employment and Organization of Non-faculty Employees of the University of Medical Sciences and Healthcare Services of the Country At least 25 years At least 55 years of age for men and no minimum age requirement  5 years Duty to agree with the request Armed forces employees Subject to At least 20 years No need for meeting the minimum age requirement 5 years The duty or discretion of the armed forces in agreeing to the retirement of their employees is uncertain. Therefore, this system has caused discrimination between people who are employed in the same jobs with the same conditions and with the same description of duties which necessitates the initiative of the legislator to solve it.