Legal Status of the Loaned Public Employee

Volume 7 , Issue 2 , December 2019 , Pages 413-453

Authors

Esmail Najmadin Zangna 1 ; Aso Hamashin AbdulKarim 1

1 Law Department, College of Law, Cihan University- Sulaimani, Kurdistan Region of Iraq./ Law Department, College of Law, Cihan University- Sulaimani, Kurdistan Region of Iraq.

DOI logo 10.17656/jlps.10164

Keywords

Abstract

The career life of a public employee is governed by a set of legal conditions, among which is the secondment of the job, which comes in the sense that temporarily the services of the public employee is to a party other than the party to which he/she originally belongs. So that the legal status of this employee creates an incentive and motivation for conducting researches, especially with regard to the legal regulation of the situation in Iraq and Kurdistan Region legal system and comparing them with other legal systems.
The researcher, therefore, decides to divide the study into two sections: the first section deals with the definition of job secondment through addressing the attempts to define it in the absence of a legislative definition, and it is defined in the light of the previous definitions and referring to the characteristics that make the secondment distinct and different from transport, placement and scarcity. As for the second section, the study aims at studying how to organize the rights and duties of the loaned employee towards to the two parties, and the mechanism of his/her disciplinary problem for the irregularities attributed to him/her during the secondment period. Building on the most important conclusions, the researcher suggests to the legislator and other parties to take the study conclusions in consideration in order to have a more clear and accurate organization.

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  • Published at22 December 2019

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