Legal Relationship of an Administrative Employee in Terms of Confrontation and Submission in the Iraqi Administrative Law

In light of the development witnessed by the state function, which has become interfering in all aspects of economic and social life, so that it is no longer concerned with performing the services of citizens only, but has become concerned with the public employee a very important role in conducting the state’s business and implementing its policy, as it is relied upon in achieving its development goals  And social and economic, tasked with ensuring the performance of basic services to citizens from this perspective.  Lack of motivation makes a person unable or unwilling to use all his hidden abilities in a good way, in line with the achievement of company goals.  Our study dealt with the descriptive-analytical approach, where we divided our study into three chapters.  To the legal nature of the employee’s relationship with the administration, then we held in the third chapter the ethics of the employee’s obedience to the administration, and we reached the most important results: that the employee is accused of the accusation attributed to him.  If the investigation committee informs him before proceeding with the interrogation of the violating employee of the charges or charges against him and the evidence against him, the administration may not impose on the employee any disciplinary punishment based on the injustice and the evidence that he did not do.  Face.  The right to confrontation is guaranteed to the employee. It represents a smooth stage of the right of defense for which confrontation is one of its conditions. How can the employee exercise his right to defense without being informed of the charges against him and the evidence against him? The second result is that the committee recommends imposing a disciplinary penalty on the violating employee among the penalties stipulated in the law  Discipline of the Iraqi state employees in force.  It is not permissible to recommend the imposition of more than one penalty, and it came out with recommendations, the most important of which are: We suggest that the Iraqi legislator amend Articles (229 – 230) of assaulting an employee or an accused person.  With public service and to determine the type and severity of the abuse.  Because of the public function and in proportion to the type and nature of the assault and the material and moral damage.