The approval of the mission of the employees from the executive bodies to the free zones was annulled + document

According to the economic correspondent of Fars News Agency, the Court of Administrative Justice annulled the mission of the employees of the executive apparatus to the organizations of free and commercial zones and found it contrary to the law.

The story is that in June of this year, the Cabinet of Ministers, based on previous approvals, approved in Note 3: The destination organization is allowed from the place of validity of the mentioned organizations and according to the law governing the supervision of the payment of the source organization. In cases where the organizational level held by the destination organization does not exist in the source system, “Industrialization will be carried out by the Management and Human Capital Development Council.”

Therefore, those who are appointed from the executive apparatus must be paid their salaries and benefits by the destination apparatus and their organizational position must be adjusted. The clerical government then changed the inclusion of individuals who could be assigned to free zone organizations to “inclusion in the law.”

The amendment prompted the Parliamentary Review Board to respond to the issue, saying the government could not decide on free zones because it did not include the Civil Service Law.

In its arguments for rejecting the government decree, the parliament believes: “The head of this decree, which prescribes the mission of the employees of the executive bodies, including the inclusive and non-inclusive bodies, to the organizations of free trade zones, is against the law in terms of expanding the inclusion of the law and leaving the government’s competence.”

Article 121 of the Civil Service Management Law deals with the subject of the executive regulations on the manner of transfer and official employees subject to the law and states: “Payment of salaries, benefits, organizational relations and other matters related to the observance of the provisions of this law shall be approved by the Cabinet upon the proposal of the organization.”

In this regard, Sajjad Karimi in an interview with Fars News Agency economic reporter, referring to the ruling of the Administrative Justice Court regarding the cancellation of government employees to free and special economic zones said: Last year, the Administrative Justice Court approved the 82nd Cabinet It had revoked the executive apparatus to the free zones.

He continued: Subsequently, in Note 3 of Article 7 of Articles 21 and 121 of the Law on Supplementary Management Law, the Council of Ministers created an addendum to this decree, during which it is possible to be instructed by executive bodies to free zone organizations based on salaries and benefits. Became; Because these areas are subject to the labor law according to the law, and on the other hand, the system of payment of executive bodies is the Civil Service Management Law, and there is a contradiction in this regard, and for this reason, the Court of Justice has objected; Because the payment system is changing.

The expert on administrative issues added: “Currently, the Court of Administrative Justice has annulled the mandate of the executive bodies to the free zones because the free zones are governed exclusively according to the Labor Law, which is the subject of Article 65 of the Law on Permanent Provisions of Development Plans.”

Karimi stressed: “Everyone who is hired must be subject to the labor law, in addition, the labor law does not provide for the transfer and mission of individuals.”

In response to the question whether the court’s decision is now enforceable or retroactive, he said: “This is a general law and includes all persons who are in charge of free zone organizations and have no more than two options, or to resign and Return to your device or find a new employment relationship with a free labor zone. There is a third case where the law on free zones is changed.

The expert on administrative issues clarified: after the ruling of the Court of Administrative Justice, if the people who have been assigned do not obey, they will be absent from the organizational position of origin and also receive any rights and benefits from free zones as illegal seizure of public property and funds. is considered. The judgment of the Court is no exception and applies to all persons.

According to Fars, at present, a number of employees of the Secretariat of the Supreme Council of Free Zones and organizations of these zones are members of the executive apparatus, which should be assigned as soon as possible, because any payment to them is considered seizure of public property.

Download the full text of the ruling of the Administrative Court of Justice.

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