Effect of Temporary Separation on Salary and Promotion in Iraqi Law - Comparative study

Abstract

The importance of the subject lies in the effects of temporary separation on the legal position of an employee in addition to the social and financial effects upon him and his family as well.  As this subject does not have sufficient research, I decide to do a research on and find the following results:

1. Identifying the kinds of obligatory and non-obligatory temporary separation with the suggestion of legislative act due to non-extend period for the obligatory one to avoid management abuse against the employee and it would encourage the legislative side to act quickly in serving the public interest.
2. Clarifying the effects of temporary separation on the salary of an employee and suggesting a legislative amendment of the text set in unified Act of retirement No. (9) of 2014 considering the period of temporary separation as a half of retirement service entirely.
3. Suggesting a treatment for temporary separation on the employee's promotion because the Iraqi`s laws did not include the act of such treatment so that concerning the last periods service of an employee.
4. Supporting a preparation for  a temporary separation decision as an administrative decision to give the employee a chance to appeal  before  the administrative judge which is considered as a safely shelter to prevent the management abuse against him and we have supported guiding an Iraqi legislative to appoint the party that would be appealed in front of it , concerning temporary separation which was disputable before an issuing the law No. 17 in 2013.