The 10-year commitment of those admitted to the Ministry of Education was removed
According to the online economy report, quoted by IRNA, one of the citizens submitted a complaint to the Court of Administrative Justice in April and raised the point that in the law, an article was added to the law on determining the employment duties of teaching rights teachers and educators of the literacy movement in the Ministry of Education, approved in 2017. There was no commitment to convert the status of teaching staff into a contract, but in its executive regulations, the issue of notarial commitment of employees was raised.
It is stated in the Executive Regulations of Clause 2 of the mentioned law: Employment of the accepted subjects of this regulation within the limit of the annual allocation capacity (employment permit) by the organization and the credits allocated in the annual budget law, with the conditions of employment in less developed areas and based on need. Education regions of the province are divided into education based on field and course of study, gender and according to the years of service and according to the guidelines prepared and notified by the ministry within three months. It is not possible to transfer these people before 10 years.
The General Board of the Court of Administrative Justice has given the following opinion in this regard: In the general laws and regulations of the country, including the Civil Service Management Law approved in 1386 and the contract employment regulations approved in 1368, the Council of Ministers stipulates the provision of a notarized commitment to serve in the requested location. and according to the aforementioned laws and regulations, the right to transfer and relocation of official and contractual employees is recognized and the term of employment of contractual employees may be less than ten years, in which case it will not be possible to employ individuals for ten years.
According to the decision of the general board of the Administrative Court of Justice, based on the numerous votes of the general board of this board, the condition of providing a notarized commitment not to request transfer within a certain period after starting the service has been found to be illegal and invalidated, and as a result, the condition of providing a written commitment stating More than 10 years of service in the requested geographical location by the accepted candidate included in the complained provision will practically result in not having the possibility of transfer within a certain period after starting the service.
The members of the general board of the Court of Administrative Justice emphasized: “Establishing mandatory rules regarding the conditions of employment of people in government and public units is one of the duties and powers of the legislature or authorized by the legislature in advance.” Based on this, the ruling stipulated in paragraph 6.3 of the rulebook No. 160150 dated 9/2/1398, the Ministry of Education, which includes obtaining a 10-year notarized commitment not to submit a request for transfer and relocation from those admitted to the contract recruitment test, is beyond the authority of the authorizing authority and is documented in paragraph 1 of article 12 and article 88 of the law. The organization and procedure of the Court of Administrative Justice approved in 1392 are revoked.
The decision of the General Board of the Court of Administrative Justice has been communicated to the judicial system with the signature of Mehdi Darbin, the Deputy Judicial Officer of the Court.