المعين تحت التجربة في القانون العراقي والقوانين المقارنة

Abstract

The appointed person under examination in the Iraqi law and the comparative lawsAs public job is considered a holly trust and a social service, must civil service laws in the world put the new employee under examination or those who re-employed sometimes for certain period of time. And that to be sure from the efficiency of the employee in occupation and morals to conduct the burdens of the public job, as well it builds different effects on the period of the examination, but most of civil services law whether in Ira or in the comparative states did not mentioned the definition of the employee under the examination neither mentioned the examination period, and so and in accordance to that we tried to put a definition for the employee under the examination and as follow: "every person who is appointed by an administrable order issued from specialized trend say for example a legal period of time and by the end of that period the administration has an estimated authority to make the employee permanent or not and the administration decision of unemployment is submitted to the monitory of the administrable judgment" As a result the examination period, is a period to test the occupational and moral efficiency of the employer to under take the burdens of the public job where that the employer passes through an actual service for the purpose of occupying the duties of the job he/ she was employed in In this period the appointed person submit all the law of the public service except some rights like enjoying vacations and adding service period if he/ she had service in practicing an occupation or the military service. Where his/ her right must be lower than the permanent employee. Due to his destiny is determined by ending the examination period successfully. And in case when the administration terminate his /her services in a tyrant way. He/she has the right of objection by law by the administrable judgment to seek justice against the tyrant decision, where the law did not leave the matter an questioned for the administration must be monitored without any exceptions in that this is a principle in the Iraqi constitution.