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 non-commitment 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 .