كف يد الموظف عن العمل المؤقت لحين إنهاء إجراءات التحقيق بحقه

Date
2007-06-09
Authors
عصمت محمد صوالحة
Journal Title
Journal ISSN
Volume Title
Publisher
AL-Quds University
جامعة القدس
Abstract
This study has discussed the subject of employee work suspension until investigation is over or as it is called (detention pending investigation) since the employee work suspension is considered one of the most important results investigation welfare as well as public welfare, and because it is peculiarity given to the administration, it was stipulated in most of legislations. As long as relieving the employee of his post was founded for investigation and public welfare, we have to explain that "detention pending investigation" "employee work suspension" is completely different in its content from relieving the employee of his post which is considered as punitive penalty. Relieving the employee of his post is also implemented by legal force since the conditions of detention pending investigation or detention for final criminal sentence are available. In order to avoid mixing between the previous concepts, most legislation tended to differentiate between them, and the Palestinian legislator was aware when he avoided his issue and differentiated between the two. As long as employee work suspension (detention pending investigation) is a temporary produce ends by the end of investigation either by conviction or acquittal, this study aims at demonstrating many respects. The most important respect is the relation between the employee and his job during work suspension, the employed rights and duties on him during the period, the given punitive guarantees to him during that period and impacts of such oversight according to Palestinian Civil Service Law number "4" for the year 1998. The executive regulations of the Civil Service Palestinian Law for the Year (2005) and the administrative and financial control Law No.(15) for the year (2004) and earning third draft Law No.(1) for the year (2005) and the Judicial Authority Law for the year (2002) The law and order officials of the municipalities No.(1) for the year (1955) and the Law of Civil Procedure and Commerce No.(2) for the year (2001) compared with the legislation Arabic in Jordan, Egypt, Qatar, the UAE, Oman, Kuwait, and Syria. Two main chapters have discussed the subject of the study in Palestine. The first chapter has discussed theoretical respects of employee work suspension while the second chapter has discussed practical respects of employee work suspension. The study found that the Palestinian legislature to give the subject the palm of the hands of the employee to work a little attention as it referred to this aspect just in tow materials in the Civil Service Act Palestinian nor did it provide some safeguards, such as: guarantee impartiality, and non-aligned countries, it did not specify provisions for reimbursement members of the boards of discipline and dismissal. However, the Palestinian legislator made a text of the guarantee provisions causing disciplinary and grievance and provides a guarantee judicial appeal. The study concluded that employee work suspension in considered final decision, and it can be appealed to administrative judiciary like any other administrative decision, especially if it includes one of the justification that require appealing to administrative judiciary since the later plays and important role assessing the appealed issues because it is like an observer who watch the right decision and approve it or see that the decision is unfair and he cancel it especially that our administrative judiciary is a cancellation one in the first degree. The study included a basic recommendation regarding the subject of employee work suspension until detention pending investigation is over with him. This recommendation is: 1- The necessity of the subject to widen the legal articles of Palestinian Civil Service Law related to the subject of employee work suspension "detention pending investigation" in order to explain the whole subject from different sides instead of Law restriction to two articles that treated this side. 2- Limit the time for the period that the employee suspension from his work, that it must be from two months to four months instead of leaving it with out limitation. 3- Work for writing some of the work faults, not all, and limited it in some subjects; the punishment law, put duty lists for the limited part from the workers, the avoidances that was taken in the organized law for some workers staffs, like the punishment for the members of the teachers in the Universities. 4- Its important that The Palestinian legislature has to add to the Civil Service Act Palestinian text differentiates between the palm of the hands of the employee to work as a precautionary measure and the suspension from duty as a disciplinary sanction, as well as between the palm of the hands of the employee to work and the suspension from the force of law.
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Keywords
القانون, Law
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