After the president’s ratification… Learn about the new dismissal mechanisms from jobs and the parties to which the Brotherhood’s Separation Law applies


Muhammad Napoleon

Posted on: Sunday, August 1, 2021 – 12:41 PM | Last update: Sunday August 1, 2021 – 12:50 PM

With the promulgation of Law No. 135 of 2021 amending some provisions of Law No. 10 of 1972 regarding dismissal by other than disciplinary methods and the Civil Service Law promulgated by Law No. 81 of 2016, which was ratified by the President and published in the Official Gazette, public officials are faced with a new legal reality regulating the issue of dismissal by other means. new disciplinary mechanisms.

The new amendments specify the scope of the application of the mechanism created for the dismissal of public officials, by stipulating that the provisions of this law shall apply to workers in units of the state’s administrative apparatus from ministries, departments, government agencies, local administration units, public bodies, and other agencies that have special budgets, and workers who Their employment affairs shall be regulated by special laws or regulations, and employees of public sector companies, and public business sector companies,” without prejudice to the constitutional guarantees established for some groups in the face of dismissal from the job and the laws regulating the conditions of service and promotion for officers of the armed forces.

Regarding the new mechanism introduced by the amendments for the dismissal of employees, the second article of the law on dismissal that changed the disciplinary path in its new form stipulates that the dismissal of the worker shall be by a reasoned decision issued by the President of the Republic or his authorized representative based on the presentation of the competent minister after hearing the worker’s statements, and the worker shall be notified of the dismissal decision. The dismissal of the worker in accordance with the provisions of this law shall not result in depriving him of a pension or an award.

The article adds that without prejudice to the provisions of Law No. 8 of 2015 regarding the regulation of lists of terrorist entities and terrorists, in the event that one or more of the reasons for dismissal referred to in Article (1/bis) of this law is available, the worker shall be suspended by force of law from work for a period not exceeding For 6 months or until the decision to dismissal is issued, whichever is sooner, with a suspension of half of his wages throughout the period of suspension from work, and the worker is notified of the decision to stop.

In accordance with the amendments, the Administrative Judicial Court shall have the exclusive jurisdiction to adjudicate requests submitted by employees of the entities referred to in Article 1 of this law, in an appeal against final decisions issued for dismissal by other than disciplinary methods in accordance with this law. The court may order compensation instead of ruling to cancel the contested decision, for reasons it deems that the public interest requires it.

The new law by amendment did not deal with the provisions of the law on dismissal other than the disciplinary path, but the amendments also affected the civil service law, to which an article was added specifying the cases in which employees of the entities referred to in the first article of the law may be preferred by other than the disciplinary path.

The article prohibits the dismissal of workers in the entities referred to in Article (1) without a disciplinary method, unless he breaches his job duties in a way that would seriously harm a public utility in the state or its economic interests, or if there are serious presumptions that he has committed what affects the country’s national security and safety. On the list of terrorists in accordance with the provisions of Law No. 8 of 2015 regulating the lists of terrorist entities and terrorists, a serious presumption is made, or if he loses confidence and esteem, or if he loses one or more reasons for the validity of the position he occupies, with the exception of health reasons.

The article also states that dismissal may not be resorted to by any other than disciplinary means if the case for dismissal has been filed before the disciplinary court.

The law also included the amendment of Article 69 of the Civil Service Law, which regulates the reasons for terminating the employee’s service, and the addition of Clause No. 11 on “dismissal without disciplinary action.”

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