حدود المسؤولية التاديبية للعمال : دراسة مقارنة == The Limits Of Disciplinary Responsibility Of The Worker A Comparative Study
Author name:
طارق جهان بخش فرمان
Supervisor name:
فراس عبد الرزاق حمزة
General topic:
Law
Specific topic:
Labor and Social Security Law
Degree:
Master
University:
Mustansiriyah University - Faculty Of Law
Language:
Arabic
University location:
Baghdad
First pages:
13T1495 - p.pdf
Abstract:
Responsibility is the basic foundation for the application of the legal texts of the occurrence of a breach on the part of any contractor or morally committed or moral obligation. Legal liability is a breach of the rule of law and the rules of the consequent legal penalty and be on three types (criminal liability, civil liability and disciplinary responsibility). Since the resource focused on the disciplinary responsibility of an emerging legal liability for breach of worker duties of his job or going to him pursuant to the Forbidden by the business, or because of the behavior involves the neglect or failure to perform his duties, or out on the requirements of the job or a breach of dignity, but commits a sin administratively , justifies the competent administrative authority has received disciplinary responsibility of the worker careful consideration and the importance of the various legislations in the world because of the importance of identification and reflection effects on the ultimate goal of discipline is to ensure the proper functioning of public utilities (project) regularly and promotion of universal and improve production and resource economics. The error disciplinary is a fundamental pillar in the emergence of the disciplinary responsibility and spins where Dar disciplinary responsibility nor the legislature is required and there is damage in the disciplinary responsibility, not the legislator puts a precise definition of the disciplinary offense did not give its constituent limited to acts, but limited law statement and duties of workers and business banned them in general, and without specifying the precise as it is in the Iraqi Labour Law No. (71) for the year 1987 and the Egyptian labor Law No. (12) for the year 2003. And thus can be likened to the crime discretionary disciplinary offenses in Islamic law, a non - specific crimes in the text and not on predetermined respective sanctions. Although the disciplinary responsibility is personal responsibility factor, but do not ask what the irregularities committed by not asking whether perpetrated by other ones, which is not based only on the basis of a specific error. There are contraindications to disciplinary the responsibility factor which in the case of insanity, mental infirmity, and the case of sugar for non - selection and the state of physical coercion and force majeure and these images raise responsibility for the worker for doing wrong, including the foreign why legitimate defense, and the enforcement of an order issued by the President to be obeyed. The error disciplinary unspecified disciplinary responsibility Unlike criminal error, which is based on the base is no crime or punishment except by law, the limits of disciplinary error can not be counted in the basic image and takes the form of a violation of the orders of the employer on the one hand and the breach of the system of work in the project, on the other hand, and therefore it is impossible to take all actions in advance that takes the form of disciplinary error. The last stage in the disciplinary responsibility of resource actions are taken against the worker crowbar or that person's duties pursuant to the acts prohibited it, and take multiple forms and penalties but generally can collect and arrange these sanctions in three types : 1. moral sanctions. 2. financial penalties. 3. separation from service. Moral and penalties in labor laws take many forms begin by reminding then matter then warning and rebuke, in other words, worker status in the case knew that he committed an offense and warned not repeated and only subjected to harsher punishment as a result of the emergence of disciplinary responsibility, the financial sanctions it leaves an impact on the worker's wage, and also to his family and is on multiple forms of the fine specified wage and one day, for example, if the worker is paid per day to the fullest extent does not exceed 20% of the wage barn which is equivalent to (5) working days in the month, and develop labor legislation limits the fine. With regard to the latter procedure is disconnected and the will of the individual from the employer as a disciplinary measure, took legislator subject of Chapter control relevant judicial and administrative due dangerous to its impact on the future of the worker and his family economically and gross errors in the emergence of the responsibility of the disciplinary factor are mistakes that can not be forgiven and that cause the owner No serious damage to working with him upright after working relationship with the employer secrets. Finally, the disciplinary responsibility must be surrounded by a set of guarantees legislator believes his protection from employer abuse in the use of the disciplinary authority
