College of Law

A legal article that sheds light on ((the date of the employee’s probationary appointment))
Perhaps one of the important matters confirmed by the text of the law is that the date of confirmation of a public employee who is placed on probation is calculated on the day and date specified after he completes a year of active service (without having any leave without pay or leave with half pay), as for the regular leave that he is legally entitled to (during the period (Experiment) The legal text has been general and absolute, and the absolute is being applied. An employee on probation is an employee who has been appointed to permanent staff and is therefore treated like a regular employee in terms of his entitlement to regular leave and the procedures for granting leave according to the text of the law. In this context, the text of Article 43 of the effective Iraqi Civil Service Law No. 24 of 1960, as amended, as well as its text (1- The employee is entitled to regular leave with full pay at the rate of one day out of every ten days of his service period.) The word “employee” here includes those who are under probation, meaning that regular leave is for all employees and with full pay, and it is an actual job service that is counted. For the purposes of confirmation, promotion, bonus and retirement, this is also what was previously confirmed by the text of Article 14 of the same law by stating: (…3 – The period of probation is calculated from the employee’s period of service after confirmation.
4 – School vacations are considered actual service for the purposes of Paragraph (1) of this Article for those who enjoy them. Accordingly, the regular leave during the trial period (legally due and actually granted) is part of the period of job service that is counted for confirmation and granting the annual bonus, which is what the legislator stated. To stipulate that this year is considered part of the employee’s job service after confirmation. However, if the service is interspersed with (unpaid leave or with half salary), the period of confirmation is (extended) until the completion of the job year with full actual service, and thus he is granted the annual bonus from the date of the actual entitlement to confirmation. (Actual working year).
Dr. Ahmed Mahmoud Al-Rubaie
Assistant professor of administrative law
College of Law / University of Mosul