An on-site training course titled “The Legal Implications of Withdrawing Public Employee’s Hand in Iraqi Law” was conducted and lasted for three days.
The Continuous Education Department at Al-Safwa University, in collaboration with the Law Department, organized an on-site training course titled “The Legal Implications of Withdrawing the Hand of a Public Employee in Iraqi Law.” The course lasted for three days and was presented by the following:
- Assoc. Prof. Dr. Muthanna Abbas Abdul Kadhim
- Dr. Iyad Saud Hashim
- M.A. Adnan Ali Majid
The importance of the topic lies in the legal consequences of withdrawing a public employee’s hand on their legal status, financial and social impact on them and their families. The course covered the following key points:
- Identifying the types of obligatory and permissive hand withdrawals, with a legislative proposal to prevent the extension of the obligatory hand withdrawal period for an extended period, aiming to prevent administrative abuse against the employee and encouraging the investigative authority to expedite the process in the public interest.
- Addressing the impact of hand withdrawal on the employee’s pension and proposing a legislative solution by amending the Unified Retirement Law No. 9 of 2014, which currently considers the hand withdrawal period as half of the retirement service unconditionally. The proposal suggests that the calculation should be based on the investigation’s result to avoid unfairness to the employee when determining their retirement salary.
- Proposing a solution for the impact of hand withdrawal on the employee’s promotion, as Iraqi laws currently lack such provisions. The proposal suggests considering previous periods before the decision taken against the employee if the outcome favors them.
- Supporting the idea of considering the hand withdrawal decision as an administrative decision to provide an opportunity for the employee to appeal before the administrative judiciary as a safe haven to prevent administrative abuse. The support also extends to the legislative direction of specifying the authority to which the appeal against the hand withdrawal decision can be made, as it was a subject of debate before the issuance of Law No. 17 of 2013.
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