The legal system for abolishin The legal system for abolishing public office Comparative study
Abstract
This study deals with the legal system for abolishing the civil service in a comparative manner by examining the concept of abolishing the civil service, explaining the conditions for this cancellation, clarifying the implications of job cancellation, and addressing the administrative judiciary's position on administrative decisions related to the dismissal of employees as a result of canceling their jobs.
The results of the research are that the administration must organize public utilities, to achieve this, it may resort to laying off employees on the grounds of canceling a department or department. Administrative demobilization is a license granted by law to the administration that ends with its mediation the functional link between the employee and the administration outside the scope of discipline. If the administration exercises this right in order to achieve the public good; Its decisions are legitimate. The study also found that there are conditions that must be met in order for the decision to cancel the job to be legitimate, namely: that the job cancellation be real, that the purpose of canceling the job is to reorganize the public facility, that the job’s cancellation is not intended to dismiss the employee for disciplinary reasons, and that it is impossible to transfer him. To another job before his dismissal, and that the decision to cancel the job was prior to the issuance of the employee's termination decision. The decision to cancel the job has a set of effects, including what is related to management, and some of it is related to the employee, as for the administration, it aims, as a result of the abolition of some jobs, to raise the efficiency of the facility in which part of its functions is canceled and public spending is reduced by reducing the number of employees. The end of their service as a result of the cancellation of their job does not mean the disconnection between them and the management. Rather, there are a set of effects that result from the cancellation of the job, which are: the employee whose job is canceled obtaining his financial rights, his right to transfer to another job, and his referral to retirement or deposit, and termination of his service and his administrative demobilization.
Finally, the study recommends an integrated legal organization of the reasons for the employee’s termination of service by collecting all the causes and implications of them in a single legal framework, which facilitates the perception of them due to the importance of this matter in practical reality, and regulating all matters related to the public office by a law instead of a regulation, and activating the legal texts that The administration urges the necessity of respecting the guarantees that protect the rights of the employee, especially the penal provisions in the event of the administration's abuse of its privileges in line with achieving justice between the management and the employee, and granting the Jordanian administrative judiciary the power to use the authority of the matter in the face of the administration similar to the French legislator, and to enshrine the employee's right to employment Once again after the dismissal, the constitution recognized the right to work for every citizen, and obligates the administration to cause the dismissal decision. Causing is an effective guarantee that protects the interest of the administration and the employee alike, in a way that embodies the required balance in fair accountability, and finally, enshrining safety and job stability for employees working in public facilities in Jordanian employment legislation and French is similar to Egyptian legislation.
Key words: employee, abolition of the public position, expiration of the job association, administration, administrative judiciary, administrative dismissal, dismissal from the job without disciplinary methods.
