reza nikkhahe; saleh nori; mohamad hasane javadi
Abstract
According to the judicial precedent of the Supreme Court No. 156 to claim damages for delay in payment of salaries of public servants and payment it by the government, despite the recognition of this issue by the legislatures in other cases, the delay in paying debts by the natural or legal persons ...
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According to the judicial precedent of the Supreme Court No. 156 to claim damages for delay in payment of salaries of public servants and payment it by the government, despite the recognition of this issue by the legislatures in other cases, the delay in paying debts by the natural or legal persons is not allowed. The reasoning in the decision, "the difference in pay employees the government in the implementation of employment legislation required to implement it with government deals as well as trading and obligations of the parties" is expressed. The basis that is not acceptable by the general rules of contracts. So check it is important that what is the difference between the delay payment of salaries of government employees and other natural persons or legal liabilities? And demand for the delay in payment of salaries of public servants and pay for it can be based on what rights jurisprudence? Recognizing this necessity this study explains, reviews and assesses the judicial precedent and then with legal proofs and legal arguments, proves the foundations permits compensation of delayed payment of state employees.
