Unnatural Termination of the Eemployment Bond of a Public Employee

(Comparative Analytical Study)

Abstract

The public employee is considered an important means in the hands of the state through which he manages the administrative work in the state, so the task of the state is to take care of the public employee by organizing and monitoring the professional life of the public employee, at the beginning of his professional career that starts from the stage of his appointment until the end of his career in one of the ways stipulated There is no doubt that the relationship between the employee and the administration is not an eternal relationship, but rather a temporary relationship, and this relationship ends in the event that there are legal reasons for termination of service, and among these reasons there are unnatural or unusual reasons that lead to terminate the service of the public employee, and through this study we review those reasons, which are the loss of nationality and dismissal from the job for political reasons and cases of dismissal without the disciplinary method, and we dealt in this study the reasons that lead to the termination of service also through the analysis and comparison of the laws of some countries such as France and Egypt And Iraq, and we showed in this study the effects of terminating the service of a public employee, whether the effects were legal or material, We also showed the employee's right to appeal before the administrative court or the competent authority to appeal in accordance with the law in force to recover his right if the administration's decision was arbitrary or illegal according to unnatural reasons to terminate the functional bond between the public employee and the administration, Among the most important results and conclusions of the research is the existence of different reasons for the termination of the service of the public employee, whether the reasons are natural or unnatural, in the French and Egyptian laws, these reasons were specified by explicit legal texts, in contrast to the Iraqi law, and in light of the results and conclusions, we reached a set of recommendations, the most important of which We recommend that the Iraqi legislator specify the reasons that lead to the termination of the service of the public employee in the civil service law, so that the reasons are clear and explicit for the public employee.