College of Law

Extension of the Service of University Service Employees (Teachers)

The Iraqi legislator has made it mandatory for public employees to be referred to retirement upon reaching sixty (60) years of age, which is the legal age for retirement, regardless of their length of service (clause (first) of Article (10) of the First Amendment Law, the Unified Retirement Law). The legislator has exempted from the provisions of the legal age for retirement those covered by the University Service Law who hold the academic title of Professor and Assistant Professor (clause (first) of Article (2) of the First Amendment Law, the Unified Retirement Law). The legislator has set the legal age for their retirement at reaching sixty-three (63) years of age (clause (second) of Article (2) of the First Amendment Law, the Unified Retirement Law). This means that holders of the academic title of Assistant Lecturer and Lecturer are referred to retirement upon reaching sixty (60) years of age. Thus, the Iraqi legislator has equated them with other employee categories by setting the retirement age at sixty (60). However, there are special cases stipulated by the Iraqi legislator in which it is permitted to extend the service of a (teacher) or postpone his separation from the job. These cases are:

First case: Extension of the service of holders of the academic titles (Professor) and (Assistant Professor) for a period not exceeding (5) five years.

The Iraqi legislator has given the University Council the authority to extend the service of holders of the academic titles (Professor) and (Assistant Professor) for a period not exceeding (5) five years, depending on the needs of the department or college, provided that the extension is every three years (paragraph (b) of Clause (First) of Article (2) of the Second Amendment to the University Service Law). The extension shall be granted by submitting a request to the college deanship, supported by the actual need for the services of (Professor or Assistant Professor), the number of students supervised, and the number of university service employees who hold the same title and the same general and specific specialization, in addition to exclusion from accountability, justice, and security clearance procedures. The request and all priorities shall then be submitted to the College Council, which, after approval, shall refer them to the University Council for presentation at the next session and approval. The extension shall then be referred to the Ministry for the Minister’s approval of the Council’s decision. The extension period shall be considered actual service. Second Case: Amending the Date of Birth of a University Service Employee

The Iraqi legislator has given the University Council the authority to count the date of birth of a university service employee (if born on July 1) until the end of the calendar year, i.e., December 31 of the same year, after the Minister has ratified the Council’s decision (clause (second) of Article (2) of the Second Amendment to the University Service Law). Amending the date of birth shall be done by submitting a request, no less than three months before the date the university service employee reaches the legal age, to the academic department, then the college, and the University Council, based on the actual need to amend the date of birth. This amendment shall be linked to the professor’s supervision of graduate students or teaching of undergraduate students, and the absence of an alternative to carry out the assigned tasks. The amendment shall be made before the employee receives an extension of service and after verifying the decision to confirm the age recorded in the faculty member’s personal file (the letter from the Ministry of Higher Education and Scientific Research/Legal and Administrative Department/Human Resources Department/Retirement Division, No. Q/4/5/6937, dated May 21, 2015; and the regulations for amending the date of birth issued). From the Ministry of Higher Education and Scientific Research/Legal and Administrative Department/Human Resources Department/Retirement Division on September 30, 2020. Third Case: Postponing the Retirement of a University Service Employee

The retirement of a (teaching) employee referred to retirement may be postponed for a period not exceeding (3) months if he or she has state funds in his or her possession for liquidation and the purpose of clearing his or her financial liability, or for the purpose of verifying the existence of funds owed to him or her. This period shall be considered remuneration for work, in accordance with the provisions of Cabinet Resolution No. (465) of 2019, which was approved by the Council at its fifty-first regular session held on 12/30/2019, which stipulated that (all ministries and entities not affiliated with a ministry may postpone the retirement of an employee referred to retirement for the purpose of properly auditing his or her financial liability within a period determined by the relevant department, provided that it does not exceed (3) three months from the date of issuance of the retirement order, for the purpose of handing over those funds to him or her, in accordance with what was stated in the letter of the Higher Authority for Coordination between Governorates No. 1/3189 dated 12/29/2019). Fourth case: Extension of the service of a university service employee if he is a family of martyrs.

A university service employee (a lecturer), and all employees in general, has the right to extend his service and continue it until he reaches the age of sixty-eight years, as an exception to the provisions of Unified Retirement Law No. (9) of 2014, if the (teacher) is a family of martyrs and has a decision issued by the Martyrs Foundation and is included in Clause (First) of Article (1) of the Martyrs Foundation Law No. (2) of 2016, as amended, which defines who is a martyr, and among the martyrs’ families specified in Clause (Second), which states that “the family of a martyr is: a. Parents and children; b. Husband and wives, even if they are non-Iraqi; c. Brothers and sisters; d. Son’s children and daughter’s children.” The extension of service shall be in accordance with the provisions of Clause (Sixth) of Article (20) of the Martyrs Foundation Law, which states that “an employee who is a family of a martyr has the right to continue service until he reaches the age of sixty-eight years.” 68 years of age, as an exception to the provisions of Unified Retirement Law No. 9 of 2014 or any law replacing it, regardless of length of service.

Legal Advisor

Ahmed Mahmoud Amin Al-Hayali

Head of the Human Resources Department at the College of Law, University of Mosul

Higher Diploma in Private Law