Amirkabir Journal of Civil Engineering

Amirkabir Journal of Civil Engineering

Pathology of Labor Contracts in the Construction Sector Based on Labor Law with a Project Risk Management Approach

Document Type : Research Article

Authors
Mohammad Ali Banayazdi
Mohammad Sajjad Zareian
Hadi Alizadeh
Department of Civil Engineering, Shahab Danesh University, Qom, Iran
10.22060/ceej.2026.24063.8255
Abstract
The non-compliance of construction labor contracts with the mandatory requirements of Labor Law is one of the fundamental causes of legal disputes, financial risks, and executive delays in private sector construction projects. Most of these contracts, due to unprofessional drafting and disregard for the fundamental rights of the workforce, create a breeding ground for conflicts and project failure. This research aims to perform a legal pathology, identify, and prioritize these discrepancies to enhance the risk management system in construction projects. The research method is descriptive-analytical, employing a qualitative content analysis approach to compare the provisions of 40 real-world contracts concluded in construction sites with 33 relevant articles of the Labor Law of the Islamic Republic of Iran. The findings led to the identification of 11 major and recurring discrepancies. Quantitative results indicate that discrepancies related to “wages and salaries”, “social security insurance”, and “end-of-service benefits,” accounting for 60% of the total frequency, are identified as the highest-risk challenges, followed by issues such as “non-compliance with safety principles” and “illegal working hours.” The final analysis proves that these discrepancies are not merely legal violations but act as hidden risks that directly lead to unforeseen costs, heavy penalties, and work stoppages. Finally, while providing a framework for drafting standard contracts, this study proposes practical solutions to reduce disputes and guarantee project success.
Keywords
Construction Law
Labor Law
Risk Management
Construction Contracts
Labor Disputes
Subjects
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Amirkabir Journal of Civil Engineering
Volume 58, Issue 2
2026
Pages 197-218