Legal implications and rights arising from the termination of an administrative officer's service in iraq and iran
Abstract
It is well known that the public position represents a vital source of stability for the employee and their family, as the employee devotes effort throughout their service to serve the country and obtain material benefits and rights that ensure a decent standard of living. Therefore, it is the responsibility of the legislator to preserve these rights, as failure to do so may drive the employee to pursue illegal means to secure them. From this concern arises the problem of the study: Have the Iraqi and Iranian legislators safeguarded the legal rights resulting from the termination of an administrative employees service in Iraq and Iran?
Accordingly, the main question posed by this study is: What are the legal implications and rights arising from the termination of the service of an administrative employee in Iraq and Iran? By applying a descriptive-analytical approach to examine Iraqi and Iranian laws related to this issue, the study found significant areas of similarity between the two countries in terms of the effects and legal rights resulting from termination. Both Iraqi and Iranian employment laws permit termination of civil service under specific conditions and regulations. An employee may submit a request for termination upon completing a certain period of service, and the decision rests with both the employee and the aadministration.Additionally, Iraqi law aligns with Iranian law in cases of retirement referrals, based on the conditions outlined in each system, including the agreement found in Article (First/Second Paragraph) of the amended Unified Retirement Law No. (27) of 2006. However, the study also identified differences. Iraqi legislation differentiates between termination of service as a matter of permissibility and employee choice, whereas Iranian legislation does not distinguish between voluntary and mandatory termination when granting public employees their rights. The study also clarifies how Iranian law allows challenges to decisions involving the denial of pension rights.