Legal protection for Employee Suspended From The Administration A comparative Study Between Iraqi Law and Algerian Law

   The public employee enjoys a set of guarantees, and the most important of these guarantees is the administrative investigation, which occupies an important position with the employee when moving his disciplinary responsibility, as the administrative investigation provides the full opportunity for the employee to prove his innocence and ward off all behavior directed at him, whether in word or deed, which constitutes a violation of the laws and regulations. What concerns the employee, as for the administration, through the investigation, it stands on the truth to make a just decision that is far from injustice and unfair, as it is based on the correct information that was reached through the investigation, but the subject of the administrative investigation is not an irregular issue, but rather finds its basis in the body of the legal texts as it took over this The texts are a statement of the authority concerned with the investigation and the authority responsible for referring it, and the subject of the investigation, which is the administrative violation and its implications during the course of the administrative investigation, and after the course of the investigation. And Algerian law. “

This study dealt with legal protection and disciplinary guarantees for the public employee and a comparison between Iraqi law and Algerian law, and whether these guarantees ensured that the public employee was able to benefit from these guarantees, where among these established guarantees he has the right to defense and the right to seek the assistance of a lawyer to defend him, and to see the existing papers In the investigation file, the employee’s grievance against the disciplinary decision and its importance and conditions were discussed, as well as the judicial appeal against the disciplinary decision and its conditions. I tried to divide this study into three main chapters, where the first chapter dealt with the faculties and concepts through two topics. The first topic explained the subject of colleges through main questions and sub-questions. The main question was “What is the legal protection for an employee who is withdrawn from the hand before the administration, a comparative study between Iraqi law and Algerian law. The second is an explanation of the linguistic and idiomatic concepts and the definition of the public servant, and in the second chapter the topic of the types of legal protection for the employee who is withdrawn his hand in front of the administration in Iraqi and Algerian law was discussed, and this topic was discussed through three topics, namely, criminal protection, civil protection and judicial protection. The subject of legal protection for the employee from the authority of the administration concerned with the disciplinary termination of the employment relationship in Iraqi law and Algerian law through two topics. The first topic discussed this issue in Algerian law and the second topic concerned the legal protection of the employee from the authority of management in Iraqi law. The study ended with some conclusions and recommendations. Contained in the conclusion.

The research methodology for this study adopted the descriptive – analytical method.