نشریه حقوق اداری
پیاپی 4 (تابستان 1393)

In recent years Many companies and government agencies Have been transferred to the Non-governmental. As a result of this transfer, Legal system governing these institutions and personnel In terms of employment and workforce Also has changed. Assigned institutions are not Public institutions And their employees are covered by the government, private sector, including labor law and social security system. Nevertheless In some cases There is no single, unified legal system. Among Legal system governing retirement(Early retirement and Timely) Employees transferre Under Article 44 of the constitution Pre- and post-transfer. Also The regulations relating to Change Pension Fund of The staff Has legal uncertainties. This article While studying Relevant legal provisions And identify ambiguities and contradictions in our legislative system, The current legal order In this regard Clear and transparent manner Expressed.

The purpose of this research is to study the study of illegality of holding more than one Public Job about Mayor. This research is important because Mayor has a very important role and position in city management, and also he is in contact with various organizations that he is member in some of them. But his membership must not be in opposition of Illegality of Holding more than one Public Job. The principle 141 of Constitutional law is written in a manner that does not include individuals and organizations such as local decentralization organizations like municipality . So we will search in other legal sources (Act of illegality of holding more than one public job, ratificated in 1373/3/11). Another issue is that the management of local affairs in Iran is decentralization, and the mayor is chosen(appointed) by city council, and is representive for local affairs. By searching related acts(rules), we want to find out whether it is possible to aggregate Mayor's job with other local and national delegations in Iran.

Referral of disputes to arbitration had has some limitations all the time from states, these limitations has been originated from observing public interests. Although Article 139 of Iran Constitution has not absolutely prohibited Referral of Public and State Properties Disputes to Arbitration, but there are some limitations for this matter in this article. Getting approval from aphorized organizations are the mechanism has been considered in Iran, and oil and gas as explicit example of Public and State Properties are governed under this rule.

Individuals, who are employed in executive system or governmental jobs, may have no scientific and practical qualifications. In this case, substantiation of an efficient and qualified official system through absorbing and employing elites will not be possible. Hence, public services management law has predicted that all individuals who are qualified to be employed in official employment, should spent a period called personnel’s probationary period, for 3 years. During this period, all needed trainings are taught to employee. If conditions including: competence, creativity, skill, sprit of servicing people, innovation and … were observed in the employee and he was able to gain needed scores, then his probationary official employment will change to firm recruitment with confirmation of selection. These employees are considered as official employees, enjoying complete wages and benefits like official employees. The only difference is that these employments’ condition is unstable. Since if ,while or after probationary period or even at extension time of period for two years, the employee has not found qualifications to change into official employment, then his condition can change into contract employment or his employment certificate can be canceled. Present investigation examines different aspects of probationary periods in public services management law.

Justice has been one of the fundamental principles of the law and the most important goal for the governments. One of the dimensions of Justice in society is providing equal conditions for all people in order to hold public office under the employment Justice. The legislature to fulfill its mechanisms have predicted that it would be equitable principles of procedural Justice in realizing the benefit of the public service interpreted. Indeed the employment process must comply with the requirements that are necessary to explain the concept of Justice in employment. According to the authors, the Islamic legal system was never meant to employment Justice equality is not absolute because, contrary to popular perception, the concept of Justice, "inequality" is located. Sense of Justice than "entitled to respect" does not mean "equal treatment equal" and "unequal treatment of unequals".By understanding the true meaning of normative and procedural precise and coherent system can be designed for the many challenges in the legislative and Hnjargzary employment Justice including gender, creed, ethnicity, race, etc. The logical answer is arranged and organized.

Administrative law guarantees the effectiveness and policy enforcement and protects the freedoms and individual rights that employment rights is considered one of the most fundamental issues. According to the article, failing to meet the most qualified individuals, legal defect in terms of entry, lack of accountability and transparency, the challenges of selecting, Lack of control over the recruiting process, due to the government's employment system, are the causes of undeveloped system and, it seems necessary to reform administrative system. With in this article’s interdisciplinary and critical approach, legal concepts of entering public service in light of Fundamentals of Public Administration are analyzed and solutions are suggested.