The Legal Issues of Linking Job Grade to Job Title and Ways to Address Them in Iraqi law
DOI:
https://doi.org/10.35246/w3gn6a75Keywords:
Iraqi Job System, Mandatory Linkage, Promotion, Advancement, Legal ProblemsAbstract
This research examines the legal problems resulting from the mandatory link between job grade and job title in the Iraqi employment system. The research is divided into two main sections. The first section focuses on diagnosing the problem, starting with defining the promotion and advancement systems, and analyzing the problematic nature of the mandatory link between them. It then discusses the negative effects of this linkage, which may include hindering the career path of outstanding employees whose jobs do not include high-level titles, weakening competency standards for promotion, imbalances in the distribution of tasks and responsibilities, and bureaucratic appointments and vacancies. The second section presents ways to address this problem. In its first section, it presents proposed legislative solutions, such as separating the financial promotion path from the title promotion path in the law, and establishing flexible promotion systems that depend on performance and efficiency standards instead of being exclusively linked to the title. The second section concludes with a discussion of the proposed executive mechanisms for implementing these solutions, which include mechanisms for evaluation and periodic review to ensure the success of the process of separating the two systems and achieving justice and efficiency in human resources management in the public service.
The ultimate goal of the research is to advocate for reforming the career system by separating the financial promotion path from the job title to motivate competencies and achieve job fairness.
Downloads
References
First: Books
I. Ahmed Mukhtar Omar, Dictionary of Contemporary Arabic Language, Vol. 2, 1st Edition, Alam Al-Kutub, Cairo, 2008.
II. Suleiman Mohamed Al-Tamawi, Principles of Public Administration, 7th Edition, Dar Al-Fikr Al-Arabi, Cairo–Beirut, 2010.
III. Aed Khalif Mansour Al-Saeedi, The Legal Regulation of the Job Grade in Iraqi Legislation – A Comparative Study, 1st Edition, Comparative Law Library, Baghdad, 2019.
IV. Abdul Aziz Abdul Moneim Khalifa, Disciplinary Guarantees in Public Service, 2nd Edition, Dar Al-Fikr wa Al-Qanun, Baghdad, Iraq, 2005.
V. Lafta Hamil Al-Ajeeli, Decisions of the State Consultative Council, Al-Sanhouri Library, Beirut, 2018 , p. 250.
VI. Mohammed Yaqoub Al-Saeedi, Principles of Administrative Law, Part I, University Press, Baghdad, 2010.
VII. Marwa Mowafaq Hadi, Explanation of the Provisions of the Law on Salaries of State and Public Sector Employees No. 22 of 2008 (as amended), 1st Edition, Comparative Law Library, Baghdad, 2021.
VIII. Mostafa Abu Zeid Fahmi, A Concise Treatise on Administrative Law - The Theory of Public Utility, Vol. 1, 4th Edition, Arab Publishing and Distribution House, Cairo, 2000.
IX. Najeeb Khalaf Ahmed Al-Jubouri, Administrative Law, Yadkar Library, Sulaymaniyah, Iraq, 2018.
X. Hani Ali Al-Tahrawi, Administrative Law, Book One, 1st Edition, Dar Al-Thaqafa for Publishing and Distribution, Amman–Jordan, 2001.
XI. Waleed Saud Al-Qadi, Promotion of the Public Employee - A Comparative Study, 1st Edition, Dar Al-Thaqafa for Publishing and Distribution, Amman, 2012.
XII. Waleed Masoud Al-Qadi, Promotion of the Public Employee - A Comparative Study, Dar Al-Thaqafa for Publishing and Distribution, Jordan, 2012.
XIII. Youssef Elias, The Practical Reference in Explaining the Civil Service, Discipline, and Civil Retirement Laws, Dar Al-Taqni for Printing and Publishing, Baghdad, 2000.
Second: Theses and Dissertations
I. Israa Kareem Abdullah, Appeal Against the Decisions of the Administrative Judiciary before the Federal Supreme Court in Iraq, Master’s Thesis, University of Sulaimani, College of Law, Iraq, 2009.
II. Khalid Hammad Al-Azzi, The Legal System for the Promotion of the Public Employee, Master’s Thesis, Faculty of Law, Middle East University, Jordan, 2012.
III. Ghazi Faisal Mahdi, The Legal System of Promotion in the Public Service in Iraq – A Comparative Study, Ph.D. Dissertation, University of Baghdad, Iraq, 1992.
IV. Majid Majhool Darwish, Guarantees of the Principle of Continuity of Public Utilities – A Comparative Study, Master’s Thesis, University of Babylon, College of Law, Iraq, 2004.
V. Nouri Mohsen Al-Halfi, Promotion and Advancement in Public Service and Their Impact on Enhancing Administrative Efficiency – A Comparative Study, Master’s Thesis, College of Law, University of Baghdad, 2000.
Third: Journals and Periodicals
I. Kawthar Hazem Sultan, Delay of Annual Allowance and Promotion for Employees – A Comparative Study, Ministry of Higher Education and Scientific Research, Supervision and Scientific Evaluation Authority, 2010.
II. Mohammed Ahmed Raheel, Promotion of the Employee under the Multiplicity of Iraqi Legislations, Tikrit University Journal for Law, Vol. 8, Issue 3, No. 29, 2016.
III. The Iraqi Official Gazette (Al-Waqa’i Al-Iraqiya), Issue No. 4262, dated 31/12/2012.
Fourth: Laws
I. Civil Service Law No. 24 of 1960.
II. State Consultative Council Law No. 65 of 1979.
III. Law of Discipline for State and Public Sector Employees No. 14 of 1991.
IV. Law on the Salaries of State Employees No. 22 of 2008.
V. Amended Law on the Salaries of State and Public Sector Employees No. 22 of 2008.
VI. Law No. 103 of 2012.
Fifth: Judicial Decisions
I. Decision of the State Consultative Council No. 89/2013, issued on 24/9/2013.
Sixth: Electronic Websites
I. Official Website: https://www.moj.gov.iq/view.1494/
II. Official Website: https://copharm.uobaghdad.edu.iq/wp-content
III. Official Website: https://moj.gov.iq/view.320
Downloads
Published
Issue
Section
License
This work is licensed under a Creative Commons Attribution 4.0 International License.
Copyright and Licensing:
For all articles published in Journal of Legal Sciences, copyright is retained by the authors. Articles are licensed under an open access Creative Commons CC BY 4.0 license, meaning that anyone may download and read the paper for free. In addition, the article may be reused and quoted provided that the original published version is cited. These conditions allow for maximum use and exposure of the work.
Reproducing Published Material from other Publishers: It is absolutely essential that authors obtain permission to reproduce any published material (figures, schemes, tables or any extract of a text) which does not fall into the public domain, or for which they do not hold the copyright. Permission should be requested by the authors from the copyrightholder (usually the Publisher, please refer to the imprint of the individual publications to identify the copyrightholder).
Permission is required for: Your own works published by other Publishers and for which you did not retain copyright.
Substantial extracts from anyones' works or a series of works.
Use of Tables, Graphs, Charts, Schemes and Artworks if they are unaltered or slightly modified.
Photographs for which you do not hold copyright.
Permission is not required for: Reconstruction of your own table with data already published elsewhere. Please notice that in this case you must cite the source of the data in the form of either "Data from..." or "Adapted from...".
Reasonably short quotes are considered fair use and therefore do not require permission.
Graphs, Charts, Schemes and Artworks that are completely redrawn by the authors and significantly changed beyond recognition do not require permission.
Obtaining Permission
In order to avoid unnecessary delays in the publication process, you should start obtaining permissions as early as possible. If in any doubt about the copyright, apply for permission. Journal of Legal Sciences cannot publish material from other publications without permission.
The copyright holder may give you instructions on the form of acknowledgement to be followed; otherwise follow the style: "Reproduced with permission from [author], [book/journal title]; published by [publisher], [year].' at the end of the caption of the Table, Figure or Scheme.
