A Letter to Circumvent an Important Law / Inspection Organization Must Step In

The law banning the employment of retirees is binding on all agencies, and no institution can add a new exception by issuing a letter or administrative interpretation.

Ali Khezrian, a member of the 90th Principle Commission of the Islamic Council, in a conversation with the economic reporter of Ambassador Arjan, emphasized the necessity of strict implementation of the law prohibiting the employment of retirees and said: The legislator has clearly specified the exceptions and no executive body, including the country's administrative and employment organization, has the right to create a new exception to this law by issuing a letter or administrative interpretation.

Pointing to the necessity of implementing the law prohibiting the employment of retirees, he said: The Islamic Council approved this law in 1395 and amended it in 1397, and specified the duty of employing retirees in the relevant institutions. The principle of this law is to prohibit the employment of retirees, and its exceptions have been explicitly determined. Therefore, no body can expand the scope of these exceptions at its own discretion or provide the basis for bypassing the law by using administrative correspondence.

Playing with the law prohibiting the employment of retirees in Padjam!

Khazarian, in response to the question, in what cases has the law allowed the employment of retirees? He stated: According to the note of one article of this law, the employment of retirees in the positions referred to in clauses "A", "B" and "C" of Article 71 of the Civil Service Management Law is allowed. These positions include the heads of the three branches of government, the first vice president, the deputy speaker of the parliament, members of the Guardian Council, ministers, members of the parliament, and vice presidents. Also, the legislator has made the employment of retirees in the armed forces subject to the permission of the Commander-in-Chief. In the same note, exceptions have been foreseen for the Ministry of Information and some self-sacrificing groups. Therefore, the law is clear in determining what is allowed, and these rulings cannot be extended to other people and positions.

Can the administrative and employment organization issue licenses to other people or positions?

A member of the Parliament's National Security Commission said: The question is, when the legislator has clearly specified who and under what conditions can be exempted from the ban on employing retirees, with what authority can the administrative and employment organization issue permits for other people and positions? Can an administrative letter replace the parliamentary law? If any body is supposed to create an exception for the law with its interpretation and interpretation, what will the approval of the law in the parliament basically mean?

Referring to Article 73 of the Constitution, he emphasized: the official description and interpretation of ordinary laws is within the jurisdiction of the Islamic Council. Of course, the executive bodies can comment on the way the law is implemented within the limits of their duties, but this authority does not mean the right to change the law or develop its exceptions. The administrative and employment organization of the country is responsible for implementing the rules and regulations related to the administrative system, not an authority to create new licenses against the law. If there is any ambiguity in the implementation of the law, it should be resolved through the legal process, and not by a correspondence, the ban enacted by the parliament will be effectively rendered ineffective.

The member of the 90th Principle Commission of the Majlis continued: Another important point is that regarding the armed forces, the legislator has explicitly foreseen obtaining the permission of the Commander-in-Chief. Therefore, even in this field, it is not possible to act without complying with the legal condition. When the law has specified a licensing authority for a particular case, other executive authorities cannot consider themselves as substitutes for that authority. In the same way, in other institutions, the criteria must be the same as legally authorized exceptions and other valid legal documents, and the administrative and employment organization cannot create a license outside of this framework.

In another part of his speech, Khadzarian criticized the insistence of some managers on continuing to use retirees and said: We really have to ask if there are not competent, expert and capable young people in our country, and some organizations are still looking for different ways to employ retired managers? Isn't there supposed to be a turnover of elites in the management system of the country and an opportunity for the presence of new forces? The experience of long-term managers is definitely valuable, but the legislator has also provided a certain capacity to use this experience. According to the note of the two laws, subject institutions can use the services of expert retirees on a part-time and hourly basis, subject to the specified conditions and restrictions. Therefore, there is no need to abandon the law under the pretext of using experience.

Should this issue be considered opposition to persons or management records?

Khazarian stressed: Our problem is not to oppose people or to ignore the records and experiences of managers; The issue is the rule of law. It cannot be accepted that in one institution, the law prohibiting the employment of retirees is strictly implemented, but in another institution, with a letter or a different interpretation, the same law is ignored. The law should be the same for everyone, and no organization should consider itself exempt from its implementation due to its organizational position, financial independence, or having special employment regulations, without a valid legal document.

Given these concerns, what do you expect from surveillance devices?

In response to this question, a member of the National Security Commission of the Parliament stated: We expect the National Inspection Organization to seriously examine the issue of employing retirees in various institutions. This review should not be limited only to the appointment orders, but it is also necessary to review the retirement status of the people, the positions in which they have been employed, the legal documentation of the appointment and the correspondence that may have been the basis for issuing these orders. Especially if the administrative and employment organization issued a letter based on which a person was employed outside of the legally permitted cases, it should be determined what was the basis for issuing that letter and whether there was basically such an authority or not.

If a violation is found, what actions should be taken?

The law prohibiting the employment of retirees provides a guarantee of implementation for violation of its rulings, and in case of violation, it is necessary to investigate the responsibility of the authorities issuing the rulings and the financial effects of illegal actions. A law cannot be enforced, but its implementation is left to the discretion of the managers, and in the end, no one is responsible for the decisions that are against the law.

He also emphasized to the government: the government must be sensitive to the strict implementation of the law before all institutions. We expect the administrative and employment organization to emphasize the correct implementation of the law instead of its correspondence possibly becoming an excuse to develop legal exceptions. If the government believes that for some responsibilities it should be possible to use pensioners more widely, the way is to propose to the parliament to amend the law, not to create exceptions through administrative letters. No executive authority can arbitrarily create for himself the authority that is not given to him by the law.

Is this claim related to a specific device or collection?

This claim is not limited to a particular device or set. It does not matter to us whether the matter is discussed in the Ministry of Oil and its subsidiaries, including Persian Gulf Holding, or in the Stock Exchange Organization, banks, state-owned companies, municipalities, and other institutions and bodies subject to the law; Wherever there is a law prohibiting the employment of retirees, all officials are obliged to comply with it. If an institution claims that the appointment of a retired person was made based on legal exceptions, it must provide its documentation, and if it cites a letter from the administrative and employment organization, it must be clarified on what legal basis that letter was issued.

Some issues have been raised about some appointments in the stock exchange organization...

In this regard, Khazarian mentioned: One of the things that needs to be clarified is the employment situation of retirees in the stock exchange organization. Based on the Securities Market Law, this organization is a non-governmental public institution, and its officials should provide a clear answer about the legal basis of the appointments in question. Also, we expect the administrative and employment organization to announce the text of the letter and legal documents if it has issued any correspondence in this regard, and the National Inspection Organization to check the compliance of these actions with the law. Of course, I emphasize that this demand is not only related to the stock exchange organization, and similar cases in oil companies, banks, state companies and other related institutions should be handled with the same care.

In the end, he emphasized: Our problem is not a person or a specific appointment; The point is that the law of the parliament should not be set aside by an administrative letter. Exceptions to the law are clear and no organization has the right to add to it at its own discretion. We expect the government to strictly implement the law and the regulatory bodies to deal with possible violations without discrimination. No administrator is above the law and no administrative correspondence can replace the law.