تأملی بر مراجع صالح رسیدگی به دعاوی جمعی کار در ایران

Based on the provisions of the Labor Law, labor disputes are divided into two categories: individual and collective. Collective labor disputes arise from differences in the preparation and regulation of collective labor agreements, and in some cases, the lack of government intervention in resolving these disputes can have devastating economic, social, and even security consequences for society. Despite the importance of this issue, there has been much discussion and study in the Iranian legal system regarding individual labor disputes and claims, but the legal system governing collective labor disputes is considered one of the neglected issues of labor law. Studies conducted on the method of resolving this category of disputes showed that according to Articles 142 and 143 of the Labor Law, although the Dispute Resolution and Recognition Board is competent in this regard, these two quasi-judicial authorities have only an advisory and recommendatory status and status in this capacity, and their opinions are not binding on the parties to the dispute. Furthermore, given that such claims lack the characteristics of a judicial claim, therefore, based on Article 122 of the Administrative Court of Justice Law and also paragraphs 7 and 10 of Article 84 of the Civil Procedure Code, it is not possible to file a complaint against these decisions of the Dispute Resolution and Resolution Board in the Administrative Court of Justice. Accordingly, Article 143 of the Labor Code has foreseen and incorporated administrative proceedings in describing the process of handling these disputes after the quasi-judicial stage.