نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسندگان English
Obtaining a guarantee from the worker in various forms, means and scales is one of the issues and dilemmas that unfortunately has become widespread in labor relations and is seen abundantly. This is even though such a matter has no legal truth and has not been recognized in any of the legal provisions. It should be noted that obtaining a guarantee is mainly analyzed in the space of private law and has no place in today's young and progressive labor law, which is examined and matured under public law and has distanced itself from the principles governing contract law and has identified its principles. The present descriptive-analytical research concerning the spirit governing the labor law and the principles of interpretation of labor rights such as "supportiveness of labor rights", "extended interpretation in favor of the worker", "the maximum of the worker's duties" and "determining the will of the worker in accepting the conditions Unfairly" and answers to this question: “what is the legal basis for obtaining a guarantee from the worker by the employer?” According to the hypothesis, it was concluded that the legislator's silence is not considered as issuing a license to obtain a guarantee from the worker. Therefore, the legislator must enter into the issue and provide a suitable model to solve such a problem so that the socio-economic aspects of labor rights are maintained; In such a way that obtaining a guarantee from the worker is not a means to intimidate him and is placed as a pressure lever in the hands of the employer to prevent the fulfillment of the worker's legal rights, nor is the employer, due to lack of trust in the worker and fear of harming his resources, capital and information, To discourage the production and establishment of workshops.
کلیدواژهها English
نشریه علمی «دولت و حقوق»