Employees’ Compulsory Attendance in the Official Working Hours And the Consequences of Non-Observance

Abstract

Public institutions utilize public employees to accomplish their
activities represented by the provision of public service in order to
meet the needs of public interests. The public employee’s noncommitment
in carrying out their duties will be negatively reflected
on the general performance of that public institution and may lead to
material damage that will affect the individuals, the users of these
facilities. That is why public service legislation is so keen to define the
public officials’ duties to ensure functionality and continuation of
public service provision.
The employee’s breach of or negligence of attendance at the
official working hours, both non-presence entirely, or partly by early
leave of work, before the end of the official working hours, will cause
confusion in the performance of the institution, and will make the
application of absence case possible, if he has no legitimate excuse
justified.
The Federal Public administrations and their counterparts in
Kurdistan Region keep tackling illegal absence through the issuance
of administrative legislations and decisions affecting employees'
salaries, without any investigative committee to investigate or even
question that case.
These administrative decisions issued in this regard are decisions
meant to punish the employee from a disciplinary perspective, which
are illegal decisions because they violate the procedures and affect
public employees and the public sector Act No. 14 of 1991, amended,
and then pose a risk to legal centers for public officials, and a
departure from the principle of legality .