Examining the Effects of the Employer's Refusal to Accept Employee’s Work from a Jurisprudential Point of View

Document Type : Original Article

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Abstract

Sometimes, the emploee tries to do the work for employee on time, but the employer refuses to accept the work. This problem is one of the branches of a more general problem in which the creditor avoids accepting his claim. According to a general rule in this regard, which is also stipulated in Article 273 of the Iranian Civil Code, the demand must be submitted to the Ruler. However, applying this rule to an employee who is ready to do the work and the employer refuses to accept the work has many difficulties, especially in cases where the deadline for doing the work is limited and there is no opportunity to file a lawsuit and pursue legal action. The mentioned issue has been raised in Islamic jurisprudence and many opinions have been raised about it. This research, which uses the analytical method and library tools, seeks to confirm the theory that, as soon as the the employee prepars to do the work and makes himself She made herself available to the employer, he has fulfilled his contractual obligation: the contract ends and the emploee is entitled to the fixed wage.

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Articles in Press, Accepted Manuscript
Available Online from 01 November 2023
  • Receive Date: 27 August 2022
  • Revise Date: 12 December 2022
  • Accept Date: 11 March 2023