Reduced Ability to Work from the Perspective of Labor Rights and Social Security

abadi, saeedreza

Volume 5 - MEJDS (2015) 5: 68 | Back to browse issues page

‎ 20.1001.1.23222840.1394.5.0.29.3

Mendeley

Zotero

RefWorks

abadi S. Reduced Ability to Work from the Perspective of Labor Rights and Social Security. MEJDS 2015; 5 :68-76
URL: http://jdisabilstud.org/article-1-523-en.html

Reduced Ability to Work from the Perspective of Labor Rights and Social Security

Saeedreza Abadi ^*

law faculty

Abstract: (16581 Views)

The protectionist approach of two labor rights and social security branches, possibly caused that various factors which threatening the economic and social interests of workforces in a systematic framework, internationally and domestically, are identified and controlled. Meanwhile, the health of workers is more important, because it can prevent costly medical expenses and provide some funding for public health in addition to public health development, and promoting the quality of life for a big range of community. Labor and social security rights, as two field of internal public law are derived from the governments intervention in private relations of Work to support the workforces and realizing the goals of social justice.

The problem of reduced ability of work because of accident or illness is an important topic in this protection field and describe some legal ambiguities in labour code, especially in article21 and 32 in the case of disability are the points that is addressed in this paper.

At the end, the result was that in the form of a reduction in the ability of the workforce, total disability and partial disability resulting from any cause or from work or otherwise, cause to terminate the relationship of work and to enjoy social security benefits and allowances, therefore Article 21 of the labour code on this point was inexpressive.

Keywords: labor law, social security, reduced work ability, work injury, accident on the track, occupational disease

Full-Text [PDF 843 kb] (4279 Downloads)

Type of Study: Original Research Article | Subject: Law

References

1. Labour Inspection Office. [Internet]. 2015/2/17;

2. Russell, E. Morgajr. and Sam David, Human Rights, A New Language for aging Advocacy, Gerontologist no. 42. 2002 [DOI:10.1093/geront/42.4.436]

3. Abadi, S. Decent work in Iran (Measuring Deficits and legal Analysis) , first edition, Tehran, Mizan Legal Foundation; [pp:16-17,[Persian, 2013

4. Hashemi, S. History and Evolution of Labour Law, Second Edition Tehran, Labour & Social Security Institute; [Persian,2002

5. International Conference of Social Security, Santiago, Chile, September 1942

6. Alizadeh, Social Security, Tehran, Labour & Social Security Institute; [P:66, [Persian,1999

7. Alizadeh, G, op. Cit, P. 76

8. Ilgami, T. Hasegava, T, Japanese Health Care System, pour Reza, A. (Persian, Translator) . First Edition, Tehran, Higher Institute of Social Security, 2008

9. Araghi, E. Introduction to Social Security Law, Tehran, Higher Institute Social Security; [PP:57-61,[Persian,2008

10. Standard Rules on the Equalization of opportunities for Persons with Disabilities. [Internet]. 2012 sep 13 [Cited 2012 sep 13].

11. [Internet], 2015/feb/20 [cited 2015, Feb,20];

12. Maridi, S. Dictionary of Social Insurance, Tehran, Higher Institute of Social Security; [p:23, [Persian,2000

13. Dupeyroux, J. Droit de la Securities, Press, Dalloz; [P571, 2001

14. Cornu, G. Vocabulaire Juridique, Press, Universaire; [P446,1987

15. Atiyah. P. S, Accidents, Compensation and the Law, 4th edition. Weidenfeld and Nicolson, 1987.

16. Employment Injury Benefits Recommendation, No 121 (1964)

17. Convention Concerning Benefits in the case of Employment injury, No,121 (1964)

18. Esmaiel, M. Diseases Caused by work, Tehran; Research and Education of Safty and Health at work Center, [Persian, Ministry of Labour and Social Affairs.

19. Lambert. f. Y, Droit du domage corporel : system d indemnisation, 3eme edition, Dalloz; 1996.