Document Type : Research Paper

Authors

• seyed ali mirlohi ¹
• abbas karimi ²

¹ PhD student in Jurisprudence and Private Law, Shahid Motahari University and Graduate School, Tehran, Iran

² Professor at the University of Tehran, Faculty of Political Science and Law, Tehran, Iran

Abstract

The expansion of new forms of working relationships has presented legal systems with new challenges. "Zero-hour contracts," as one of the most flexible yet controversial types of agreements, lacked a clear legal standing in Iranian law. The primary objective of this research was to analyze the compliance of these contracts with the principles of Imamiyyah jurisprudence and the regulations of the Iranian Labor Law. The fundamental issue addressed was the challenge of uncertainty in the contract's core components, due to the lack of definite determination of work hours and wages, and its substantive conflict with the protective principles of labor law. Using a descriptive-analytical method, this study found that attempting to resolve this conflict through the traditional "employer-restriction" approach is inefficient as it undermines the flexibility required for production. The originality of this paper lies in proposing an alternative model: "worker empowerment and social security modernization." This model is based on the freedom to work for multiple employers simultaneously and the establishment of a social insurance system proportional to hours worked. The final conclusion is that instead of outright nullity, the legal system should pave the way for the conditional acceptance of these contracts through legislative reforms.

Keywords

• Basic Labor Rights
• Flexible Work Contract
• zero-hour work contracts
• Imamiyyah Jurisprudence
• Principle of Validity
• Stipulation in a Contract

Main Subjects

• Private and Islamic Law