Legal Framework, Special Protections, and the Role of Administrative Courts

What Does “Employment Status Conversion” Mean?

In Iran’s public sector, employment status conversion refers to the legal process through which a worker’s employment relationship with a government or public authority is changed from a temporary or insecure form (such as contractual, project-based, or outsourced employment) into a permanent civil service position.
This change is significant because permanent status provides job security, legal protection, and full employment benefits, and it plays an important role in safeguarding employees’ rights against arbitrary administrative decisions.

The General Legal Basis: Civil Service Management Law

The primary legal foundation for employment status conversion in Iran is the Civil Service Management Law. Under Article 46 of this law, recruitment and changes in employment status within executive bodies must be carried out in accordance with statutory rules and implementing regulations.
To enforce this provision, the government has adopted an Executive Regulation of Article 46, as well as a related administrative directive, which together define the general framework for converting employment status from temporary to permanent.

Special Rules for Protected Groups: Veterans and Their Families

While the general framework applies to most public employees, certain protected groups are governed by special rules. Article 4 of the Executive Regulation explicitly states that the employment status of individuals covered by protective legislation—most notably war veterans and their family members—must be determined according to specific laws, rather than general administrative rules.

In Iran, the term “Isargaran” (often translated as veterans or self-sacrificing individuals) refers to persons who participated in Wars or suffered injury in service, as well as their immediate family members. Their legal status is regulated under the Comprehensive Law on Services for Veterans and Martyrs’ Families, which provides enhanced employment protections.

Annual Budget Laws and Mandatory Employment Conversion

In recent years, the most decisive legal provisions concerning employment conversion have been included in Iran’s Annual Budget Laws. Unlike administrative guidelines, these laws are enacted by Parliament and carry binding and mandatory force. In particular:

The 2021 National Budget Law, and

The 2022 National Budget Law,

explicitly required all public authorities to convert the employment status of eligible veterans and their children, provided that the statutory conditions were met.
These provisions function as special laws and therefore take precedence over general employment regulations or internal administrative circulars. Failure by public bodies to comply with these obligations constitutes a violation of statutory duty.

Why These Cases Are Legally Complex

It is important to note that budget laws in Iran are time-specific and conditional. Their application depends on factors such as:

  • the individual’s employment status during the relevant period,
  • length and nature of service,
  • and the specific legal classification of veteran status.

As a result, determining whether a person qualifies for employment conversion requires a case-by-case legal analysis, combining statutory interpretation with administrative law principles and judicial precedent.

The Role of the Administrative Justice Court

Disputes arising from unlawful administrative decisions are adjudicated by the Administrative Justice Court of Iran—a specialized court established under the Constitution to review complaints against government bodies.
This court functions similarly to administrative courts or councils of state in other legal systems, with the authority to:

  • annul unlawful regulations and circulars,
  • review administrative inaction (failure to perform a legal duty),
  • and protect individuals’ rights against public authorities.

A Case Study: Challenging Unlawful Administrative Resistance

In one representative case, the central issue was the refusal of a public authority to convert the employment status of a veteran’s child, despite clear statutory entitlement. The client had over fifteen years of continuous service in major national energy projects, yet the authority relied on internal administrative circulars that had already been invalidated by the Administrative Justice Court.

At first instance, the claim was dismissed without substantive legal review. On appeal, however, the case was reframed through:

  • a strict analysis of the hierarchy of legal norms,
  • emphasis on the mandatory nature of parliamentary legislation,
  • recognition of acquired employment rights, and
  • reliance on binding precedents of the Court’s General Assembly.

The argument demonstrated that administrative circulars cannot override statutory rights created by law, and that refusal to act amounted to an unlawful administrative omission.

Do You Qualify for Employment Status Conversion?

What distinguishes these cases is not merely job history or protected status, but the precise legal assessment of eligibility. Many individuals—both veterans and non-veterans—are uncertain whether their employment arrangements fall within the scope of conversion laws.

Before pursuing administrative complaints or litigation, a specialized legal assessment is essential. Such an assessment clarifies whether a legal entitlement exists, how it should be asserted, and which procedural path is most effective. In a system where public employment law, special protective legislation, and administrative judicial practice intersect, informed legal guidance can be decisive.

By: Marjan Moradi