Legal Differences between the International Employee and the Public Employee – a Comparative Study
- Author:
- Rawnaq Saadi Hayallah Qaraghuli
- Level:
- Master
- Field of study:
- Low
- Language:
- Arabic
- Faculty:
- Faculty of Law
- Year:
- 2021
- Publisher:
- URD Press
- Supervisor(s):
- Ahmed Al-Bahadli
This study aimed to talk about the public employee and the international employee through a comparison between each of them; Where the definition of each of them and the conditions to which they must apply was defined, the aim was then to clarify the rights and duties enjoyed by both the public servant and the international employee.
An international is any person who works in an international organization outside the scope of his country in return for a specific, agreed upon salary. The public servant and the international employee also have a set of rights that are obtained by virtue of the position they occupy, and these rights can be economic or moral, and correspond to rights, and a set of duties falls on both the public as an employee as of the international employee, since the performance of the employee His duties is the main reason for obtaining his rights and privileges.
In general, the description of the international employee is given to a group of international employees who occupy permanent and continuous jobs and enjoy a special legal system to organize their relations with the organization and to indicate their obligations towards it and their rights before it.
The international employee is considered the tool of the international organization to achieve its purpose and objectives, as it is the basic building block for it, who bears the burden of tasks and responsibilities and is the one who achieves what the humanitarian community aspires to into a tangible reality. In order to confer the status of an international employee on a person working for an international organization, he must abide by a special international legal system, and no other party has the right to direct him or interfere in his tasks assigned to him. From performing his duties freely, reassuringly and without restrictions in order to achieve the interests of the organization and its lofty principles, for this we tried through this article to delve more into the subject by first giving a definition to the international employee to facilitate understanding and explaining this principle, and then shedding light on the various available guarantees that contribute to the implementation of this principle . So we concluded that the principle of the independence of the international employee has been enshrined in most of the charters of international organizations, through two aspects: political independence and financial independence, and it has been surrounded by a number of guarantees to ensure its achievement represented in: the appointment of the international employee by the international organization alone and not others; The international employee is subject to the legal system of the organization; The international employee enjoys immunities and privileges, is not subject to the national judiciary, and is subject to the international judiciary concerned with the disputes that arise between him and the international organization in the course of performing his job.
The most prominent results of this study were summarized in clarifying the comparison between the government employee and the international employee and explained the meaning of each and the conditions that must be met in each of them.
Both civil servants and international employees enjoy a set of rights derived from the position they occupy, and these rights may be financial such as salaries, allowances and grants, and moral rights such as promotion and leave, and all of them cannot be deprived of the employee unless legal reasons become apparent, otherwise the ban is arbitrary and the employee has the right objecting to it and not accepting it.