The Administration Discretionary Specialization to Extend the Public Employees Service

Abstract

The public employee is one of the most important tools available to the administration in managing public facilities to achieve the public interest. The administration usually selects employees based on their competence and qualifications and seeks to establish a permanent relationship with them, as employees acquire more skills and practical experience while exercising their assigned duties. However, the laws governing public service stipulate the termination of the employment relationship upon reaching the age that requires mandatory retirement. While the law sometimes does not grant the administration discretionary power to extend the service of public employees, in other cases it does, often restricts this power in terms of its scope and extent. The extension of an employee's service should generally not exceed five years, and must adhere to procedures and regulations established by law. These include the employee's specialization being rare, requiring a report specifying their qualifications, and being medically fit, with such a report issued by the relevant authorities. There is also a category of employees whose service has been extended as a form of redress and compensation, as is the case for employees covered by the provisions of the law concerning politically dismissed employees. Furthermore, we previously examined the definition of a public employee in legislation, jurisprudence, and legal scholarship, then studied the concept of service extension, and finally, the nature of discretionary power and its justifications.