Claiming Jurisdiction in the Public Service and its Penalty in Iraqi and Lebanese Law

Author:
Noor Ali Yousif Al-Kaabi
Level:
Master
Field of study:
Low
Language:
Arabic
Faculty:
Faculty of Law
Year:
2022
Publisher:
URD Press

The nature of the disciplinary relationship that binds the employee to the state. This relationship should not be permanent, because the state, in its most effective tasks, always seeks to reap the maximum benefits from society, to reach the highest levels of development, calm and comfort, and this can only be achieved with maximum effort and work energy, and there are procedures Disciplinary, including the penalty of dismissal of the employee. The sentence of imprisonment for a crime that does not affect honor begins from the day the decision was issued in respect of it. The period of his arrest is considered to be from the isolation period, the time of separation in this case is the length of his stay in prison and only here the punishment will help. There are two types of imprisonment under the Iraqi Penal Code No. 111 of 1969. Simple imprisonment is the residence of the convict in one of the penal centers designated for this purpose for the period specified in the sentence, and its duration ranges from twenty-four hours to one year, unless the law provides otherwise. This meaning is confirmed and reinforced by the fact that dismissal is not one of the disciplinary sanctions that can be imposed under civil law. The word “dismissal” in the civil service system refers to termination of service for reasons other than disciplinary, the fate of an employee who has not passed the probationary period and is not the presidency. And if the employee receives a third notification within a year from the date of receiving a previous report that he is weak, then from today in Lebanon in the Council of Ministers he has the right to dismiss the employee for reasons of public interest, that is, for reasons of lack of discipline. The reasons relate to the public interest reward granted by law.