Job Security in Jurisprudence, the Role of Written or Oral Contracts

Subject Areas : All jurisprudential issues

Mohammad Sadegh Elmi ¹ , Taybeh Balvardi ²

1 - Associate Professor of Ferdowsi University, Department of Jurisprudence and Law, Mashhad, Iran
2 - Department of Law, Islamic Azad University, Sirjan, Iran

Received: 2018-07-04 Accepted : 2018-08-27 Published : 2018-12-22

Keywords: Contract, Job security, written contract, oral contract,

Abstract :

Human is social and has social bonds to fulfill his needs and achieve goals, he is obliged to follow commitments and human and social contracts. Of these contracts,are job contracts between employer and employees. Having a secure and safe job and undergoing contractual interactions andattempts to strengthen these interactions and safety of contracts, is the main requirement to fulfill human needs. In the analysis of job security, contract is of great importance. Regarding writing a contract and terms of form, jurists have various opinions; some consider it oral and some written. This article aims at analyzing the form of contracts among jurists and their disagreements in regard to oral or written forms of contracts. It has been tried to explain their reasons. It is also mentioned that the agreement should be completely clear, rationale, and without any obscurity, written contracts would be safe and secure for the employer and employee.