Mayors retired
Azarbaijani, the deputy of coordination and planning of legal affairs of the executive bodies, regarding the inclusion of the law prohibiting the employment of retirees, announced as follows:
In the name of excellence
According to the questions and requests received from this deputy regarding the declaration of opinion on the subject of “Inclusion of the law amending the law prohibiting the employment of retirees approved on 6/6/2013 to mayors and redeemed persons and the inclusion of the 60-day deadline listed in note (3) of the law prohibiting Employing retirees to people who are subject to the prohibition of the aforementioned law according to the amendment law approved on 6/6/2013 announces:
A- Regarding the inclusion of the law prohibiting the employment of retirees to mayors
Considering that:
1- The application of the prohibition order of the subject of the law to all institutions subject to Article 5 of the National Administration Law and institutions that somehow use the public budget of the entire country, including municipalities as non-governmental public institutions mentioned in Article 5 of the National Service Management Law.
2- In the amendment of the law, which the authorities have mentioned as exempt from the prohibition, the subject of clauses (a), (b) and (c) is contrary to the ruling of note (1) before the amendment and in the position of expression, the phrase “and their equivalents” is intended . Therefore, in cases where the mayor of a metropolis is on par with the official subject of clause (c), since the equivalent officials are not exempted, they are subject to the prohibition of the subject of the law.
3- The prohibition of use is stated in the law approved in 2015 and the recent amendment has only limited the scope of the exceptions in note (1). Therefore, in the sentence of banning the subject of the single article of the law, all retired people have been sentenced, regardless of the conditions of employment of people, including selection and appointment. In addition, in the inquiry law, Note (1) of the single article of the law prohibiting the employment of retirees, approved on 02/07/2013, it is also specified that the officials referred to in Note 1 are all appointed and selected officials. Therefore, the selection and appointment did not have an effect on being excluded from the scope of the law. Therefore, the fact that the mayors are elected is not a reason for including or not including the recently mentioned law to them, and the mere employment of retired people in the institutions subject to the law is enough to extend the law to them.
4- The non-mention of legal provisions such as Article 71 of the Law on Organizations, Duties and Elections of Islamic Councils of the Country and Election of Mayors in Note 5 of the law cannot mean that mayors are excluded from the prohibition of the subject of the recent law. Because the laws subject to Note 5 have unity of sentence and subject in terms of the permissibility or nonpermissibility of employing retirees, therefore, the legislator has given an order to explicitly repeal them. While the ruling on the subject of Article 71 of the Law on Organizations, Duties and Elections of Islamic Councils of the country and the election of mayors, which is similar to that for some elected or appointed officials in other executive bodies, refrains from the issue of employing retirees.
Therefore, municipalities are subject to the prohibition of the law prohibiting the employment of retirees approved in 2015, and considering that in the notes under the single article of the aforementioned law, as well as its recent amendment (2017), mayors are not mentioned as officials exempted from the scope of the law, therefore, the mayors are also subject to the law. And they are not exempted from the ban on the employment of retirees and redeemers.
@shorapanjom
This post is written by erfanifar48