سحب يد الموظف وآثاره القانونية في التشريع العراقي – دراسة مقارنة

Abstract

The decision of employee’s suspension from practicing his job is one of the precautionary taken by the administration against the employee, as it is sometimes considered mandatory by the force of law, otherwise it is permissible according to the discretionary authority of the administration for the safety of an investigation. The decision of suspension has consequences that directly affect the employee’s position in his job, as it affects the employee’s legal and financial rights such as, paying the employee half of his salary. In addition, the decision of suspension includes expulsion of the employee from working during the period of suspension, thus, his work is considered void during this period. Therefore, the suspension decision is considered among sensitive decisions that assigned to the minister or head of the administration. However, it is not considered as one of the disciplinary penalties stipulated in the employee discipline law, which were mentioned exclusively. It was also mentioned in the law that suspension decision is one of the decisions that can be appealed, but regardless executing the penalty. Yet, Iraqi legislators has to entrust the task of examining the appeal decision in the employees’ judiciary court. The appeal is considered as one of the guarantees for the employee during the period of suspension, as s/he is returned to his job immediately after the end of the period. On the contrary, a decision may not be issued from the administration despite his detention, which considers him/her absent after which the service is terminated and considered as resigned for the lack of notifying the directorate of the detention. Consequently, the procedures for reappointing the employee to job will be difficult, especially when disposing his post.