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Title:	Legal protection on freedom of association for trade union purposes : a study of Iranian labour law based on the ILO Standards
Authors:	Seraji Mostafa (P51761)
Supervisor:	Kamal Halili Hassan, Prof. Dr.
Keywords:	Dissertations, Academic -- Malaysia Universiti Kebangsaan Malaysia -- Dissertations
Issue Date:	15-Mar-2013
Description:	Since the formation of the International Labour Organization (ILO), efforts have been made to establish standards for the freedom of association and the right to organise within member states of the ILO. Those efforts led to the adoption of the freedom of association as a basic human right. However, despite such endeavours and the recognition of the freedom of association as one of the core ILO standards in 1948, there remain uncertainties and controversies as to the practical content of the right to freedom of association particularly for trade unions, under labour and industrial relations laws within the ILO member states. Also noteworthy, is that the Holly Quran, as the foremost reference point of the Islamic legal system, recognises, in specific verses, the right to organise for workers. Although there is no clear indication of the modern form of workers' organization in the Quran, or at the inception of Islam, a close look at the underlying spirit of the Quran and the Sunnah would show that the right to organise enjoys recognition under Islam. This study is pure legal research. Using an analytic approach, it evaluates the Iranian labour position, both in law and practice, against the background of the ILO standards. Since the Iranian legislature (Majles Shouraye Eslami) has not ratified the ILO Convention No. 87 and Convention No. 98, the study considers whether the Iranian labour position departs from the freedom of association guaranteed under both Conventions. It seeks to determine what particular ILO and other international instruments exist for the implementation of the standards for the establishment or membership of trade unions. An additional focus of the enquiry relates to how the ILO supervisory mechanism works in monitoring member states' observance of the right to organise. Although, a glance at the Iranian Constitutions (1906 and 1979) illustrates that historically, the right to form and join associations is highly protected, that right, to some degree, is restricted in law and practice. In order to test this hypothesis, the study examines the extent to which the different aspects of the right to organise, such as non discrimination in the formation or membership of trade unions, the formation of trade unions, as well as the right to seek membership without prior government authorisation among others, are enjoyed by existing Iranian workers' organisations, such as the Islamic Labour Councils, the Guild Associations, the House of Workers, and the Workers' Representatives. Although the examination reveals serious infractions of the ILO standards on the freedom of association, those standards, nevertheless, have had uncontested effects on Iranian labour law. Based on these findings, the study makes some recommendations, especially with regard to the more controversial aspects of Iranian labour law on the freedom of association for trade unions, with the chief purpose of bringing it into alignment with the ILO and other international standards, as well as the underlying spirit of the Islamic principles in the Holly Quran and Sunnah.,Ph.D.
Pages:	338
Call Number:	C67.MOS 2013 2 tesis
Publisher:	UKM, Bangi
Appears in Collections:	Faculty of Law / Fakulti Undang-undang

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