Legalconsultation Thursday, 16 June 2011 04:45

by Abdelaal A Khalil

Human Resources Law No 8 / 2009 states that every employee violates the duties or commits prohibitions mentioned in the law of human resources or rebels against his job will face disciplinary action. And that is without violating his civil or criminal responsibility at the time of punishment. Disciplinary action can be taken against the employee only after the interrogation and after hearing his version and aspects of his defence. And the decision issued about the punishment must be with reason. The Legal Affairs at the government side will also conduct investigation into the violations against the employee and if a suspicion of committing a criminal offence is found during the investigation, it is necessary to submit the matter to the Chief Executive to inform the public prosecution or to complete the investigation. Informing the public prosecutor shall not disturb the right of the government agency to give a disciplinary penalty in what is proved against the offender.

The Chief Executive can suspend the employee facing investigation from the work if the interest of the investigation requires that with giving him total salary regularly. The period of suspension shall not exceed thirty days unless by a decision of the disciplinary body and all the employees arrested on remand or implementing an order or a juditial decision will be suspended by the force of law from his work during his imprisionment and he will be given total salary in the case of remand and half of his salary will be stopped if he was detained implementing an order or judicial decision with the preserving of total bonus and when the employee is back the matter will be presented before the president to decide what follows the disciplinary responsibility of the employee when he sees the lack of responsibility he will give him half of the salary which was stopped associated with the disciplinary sanctions that may be imposed on the employee with the job and the class which he occupies and a penalty of suspension of work with the deduction of half of the salary will be for a period not exceeding three months. And the Disciplinary Committee will look into detaining the employee for questioning in front of them and extension of detention, either the suspension issued by its own decision or by decision of the Chief Executive and the employee may appeal against the decision of the Disciplinary Committee to the President of the Commission within 30 days from the date of notification of this decision and the Chairman of the Committee will decide on the appeal within a period not exceeding 60 days from the date of its submission. And the passing of this period without a decision on the appeal will be considered as implicitly rejected. The administrative body of the lower Court is responsible for looking into the appeal on the decision issued by the President on the appeal, but if the disciplinary commission decides to separate the employee and he was suspended from his job then his services will end from the date of his suspension, untill the disciplinary body decides other than that. And finally the person has to seek help from his lawyer to follow up the procedures and ensure compliance with the law and the identification of the charge against the employee and access to the papers and take necessary action regarding it. This answer remains an advice built on the prospects sometimes you are wrong, sometimes right not on the certainity. Briefly the person has rights he must demand for them by the knowledge of specialist.