Protection of the Non-Pecuniary (Personality) Rights of Women in Private Sector Employment Contracts (A Comparative Study of Iranian and French Law)
Keywords:
legal protection, employed women, employment contract, comparative law, social securityAbstract
The present study was conducted with the aim of comparatively examining the legal protection of women’s labor rights in the legal systems of Iran and France. This study seeks to analyze and compare the extent and quality of legal protections afforded to employed women in these two legal systems, with particular emphasis on the periods of employment, pregnancy, maternity, and social security. The research method adopted in this study is descriptive-analytical, and the data were collected through library-based research and examination of the national laws of Iran and France, United Nations documents, conventions of the International Labour Organization, as well as scholarly books and articles. The findings of the study indicate that, in both legal systems, a set of mandatory protective rules has been established for employed women, particularly during pregnancy and motherhood. In Iranian law, the Labor Law and supplementary regulations guarantee protections such as maternity leave, prohibition of dismissal during the use of statutory benefits, and the employer’s obligation to transfer pregnant women from hazardous work without reduction of wages. In contrast, the French legal system demonstrates greater comprehensiveness and coherence and, in addition to similar protections, provides broader regulations concerning the prohibition of gender discrimination, longer leave periods, childcare services, and more effective enforcement mechanisms. The results of the study suggest that the level of protection afforded to employed women under French law, particularly regarding the reconciliation of motherhood and employment, is more extensive and effective than that provided under Iranian law. Accordingly, the amendment and completion of Iranian labor laws in relation to the prohibition of indirect discrimination, sexual harassment, and the strengthening of supervisory institutions appear to be necessary.
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