اقصاء الموظف العام من وظيفته : دراسة مقارنة == Pubic Employee's Exclusion From The Job Comparative Study
Author name:
كاظم خميس كاظم التميمي
Supervisor name:
رشا عبد الرزاق
General topic:
Law
Specific topic:
Administrative Law
Degree:
Master
University:
Mustansiriyah University - Faculty Of Law - Department Of Public Law
Language:
Arabic
University location:
Baghdad
First pages:
13T1506 - p.pdf
Abstract:
The keenness of the legislator to improve the public civil service making it necessary to care when choosing the employment staff and stipulating requirement of ability and efficiency in appointing in public office for public interest, for it legislator puts usually conditions that must be met in candidate for public office, it is worth mentioning that these conditions for appointment to differ from country to another, depending on prevailing in that country's legal system. By reference to our Iraqi legislator whereas stipulated conditions the Iraqi legislator several conditions for appointment to public office, it is of two types personal conditions relating to the person of the candidate for appointment, including the requirement of citizenship, a lifetime condition, the condition of the school certificate, including the objective conditions relating to the existence and function, the requirement for the degree of vacancy in the permanent staffing, a decision appointment of the set by law, and other conditions as the legislator put a penalty on failure of one or all of these conditions for the candidate to the public office, an exclusion from public office based on the provisions of Article 62 of the Iraqi Civil Service Act No. 24 of 1960, but the This law did not know this term, and it can be defined the term of exclusion that (it is one of the states or the reasons for the termination or expiration of the functional link between the public employee and the state). In other words, it is breaking the functional link between the public employee and management. It is seen from the above that the career exclusion is the subject of the availability or unavailability of the conditions set by the legislator to engage in public service in order to formalize the legal status of public official on a person, and therefore that exclusion is not a disciplinary penalty imposed on the employee, because the disciplinary sanctions came on exclusively under the discipline of state employees and the public sector Law No. 14 of 1991, and therefore the career exclusion can be definedIt is a legal action exercised by the administration and within the limits of legal powers include the employee from a job as a result of the exclusion of breach of condition and more of the conditions of appointment provided for by law. It is noted that the career exclusion differs from the isolation and separation from employment as their respective terms, conditions differ from each other in addition to the legal implications of each.The importance research study begins and the reason for its choice as the title of our mission the result of psychological, social and economic impact of termination of employment whereas some likening penalty in the Criminal Code on the grounds that it does not only affect the employee but extend to his family, so it was necessary to search as provided by the legislator from guarantees and controls and conditions that may reach the employee from which to cancel the decision to terminate its relationship with the public service through its appeal. On the other hand increased the importance of exclusion in recent times in all Iraqi government departments as a result of the increase in cases , it is was accompanied by confusion evident in the use of exclusion from employment as may resort management sometimes to the exclusion rather than isolation despite the non - applicability of the text for exclusion contained in the text Article 62 of the Civil Service Act No. 24 of 1960 amended, and this between us through resolutions spend own exclusion Court staff.
