Legal-Economic Analysis of Contractorship Premium Rates: The Criticism of Social Security Organization and the Administrative Justice Tribunal

Social Security Organization (SSO) is regarded as one of the most important social and economic institutions for its effective role in protection of labor. In the past decades, it was keeping balance between SSO’s incomes and costs that constituted the main concern of the SSO officials. The problem...

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Main Author: Abbas Toosi
Format: Article
Language:fas
Published: Allameh Tabataba'i University Press 2017-07-01
Series:Faṣlnāmah-i Pizhūhish-i Huqūq-i ̒Umūmī
Subjects:
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author Abbas Toosi
author_facet Abbas Toosi
author_sort Abbas Toosi
collection DOAJ
description Social Security Organization (SSO) is regarded as one of the most important social and economic institutions for its effective role in protection of labor. In the past decades, it was keeping balance between SSO’s incomes and costs that constituted the main concern of the SSO officials. The problem of contractorship premiums has been one of the main legal challenges the SSO has experienced with its premium-payers. Since 1370, SSO by issuing the Directive 149 provided for some fixed rates for non-state projects that caused a serious legal challenge between SSO and economic actors. By landmark judgement of 1378, Administrative Justice Tribunal (ADT) solved the problem in favor of SSO. Contractors who were not satisfied with the judgement raised the externalities originating from the Directive before legislatures, and since 1384 were able to cause some legislations aimed at reforming SSO practices to be enacted. However, SSO, has continued to insist on its previous position by raising some legal scepticism. This article, shall seek, based on legal and economic foundations, to study the SSO practice and its judicial confirmation by ADT from a critical point of view.
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spelling doaj.art-1964cf2b6418408da41c3b0cad6541d22023-01-02T18:44:50ZfasAllameh Tabataba'i University PressFaṣlnāmah-i Pizhūhish-i Huqūq-i ̒Umūmī2345-61162017-07-011955295910.22054/QJPL.2017.7777Legal-Economic Analysis of Contractorship Premium Rates: The Criticism of Social Security Organization and the Administrative Justice TribunalAbbas Toosi Social Security Organization (SSO) is regarded as one of the most important social and economic institutions for its effective role in protection of labor. In the past decades, it was keeping balance between SSO’s incomes and costs that constituted the main concern of the SSO officials. The problem of contractorship premiums has been one of the main legal challenges the SSO has experienced with its premium-payers. Since 1370, SSO by issuing the Directive 149 provided for some fixed rates for non-state projects that caused a serious legal challenge between SSO and economic actors. By landmark judgement of 1378, Administrative Justice Tribunal (ADT) solved the problem in favor of SSO. Contractors who were not satisfied with the judgement raised the externalities originating from the Directive before legislatures, and since 1384 were able to cause some legislations aimed at reforming SSO practices to be enacted. However, SSO, has continued to insist on its previous position by raising some legal scepticism. This article, shall seek, based on legal and economic foundations, to study the SSO practice and its judicial confirmation by ADT from a critical point of view.Social Security Organization؛ Articles 38 and 41؛ Rate of Insurance for Contractorship; Economic Actors; Administrative Justice Tribunal
spellingShingle Abbas Toosi
Legal-Economic Analysis of Contractorship Premium Rates: The Criticism of Social Security Organization and the Administrative Justice Tribunal
Faṣlnāmah-i Pizhūhish-i Huqūq-i ̒Umūmī
Social Security Organization؛ Articles 38 and 41؛ Rate of Insurance for Contractorship; Economic Actors; Administrative Justice Tribunal
title Legal-Economic Analysis of Contractorship Premium Rates: The Criticism of Social Security Organization and the Administrative Justice Tribunal
title_full Legal-Economic Analysis of Contractorship Premium Rates: The Criticism of Social Security Organization and the Administrative Justice Tribunal
title_fullStr Legal-Economic Analysis of Contractorship Premium Rates: The Criticism of Social Security Organization and the Administrative Justice Tribunal
title_full_unstemmed Legal-Economic Analysis of Contractorship Premium Rates: The Criticism of Social Security Organization and the Administrative Justice Tribunal
title_short Legal-Economic Analysis of Contractorship Premium Rates: The Criticism of Social Security Organization and the Administrative Justice Tribunal
title_sort legal economic analysis of contractorship premium rates the criticism of social security organization and the administrative justice tribunal
topic Social Security Organization؛ Articles 38 and 41؛ Rate of Insurance for Contractorship; Economic Actors; Administrative Justice Tribunal
work_keys_str_mv AT abbastoosi legaleconomicanalysisofcontractorshippremiumratesthecriticismofsocialsecurityorganizationandtheadministrativejusticetribunal