The Supreme Administrative Court in Iraq: the challenge and the time limit
The Supreme Administrative Court hears cassation within 30 days of notification or deemed notification, under the amended Article 7.
Read →State employees and official discipline
Conditions for appointing a State employee
In briefArticle 7 of Civil Service Law No. 24 of 1960 as amended requires, for a first appointment, that the person be an Iraqi national, or naturalised for at least five years, have reached the age of eighteen, pass a medical examination, be of good conduct, and hold a recognised educational certificate. Failure to start work within ten days of notification cancels the appointment order under Article 16.
The conditions of a first appointment are as they appear in Article 7 of Civil Service Law No. 24 of 1960 as amended, together with the time allowed to start work after notification of the order. How a vacancy is filled, and how it is advertised, may be organised by later texts and instructions still in force, which prevail over the 1960 path where they have changed it.
The wider framework is on State employee discipline in Iraq.
The conditions in Article 7
No one is appointed for the first time to a government post unless the following conditions are met, under Article 7:
the person must be an Iraqi national, or a naturalised person at least five years after naturalisation; must have reached the age of eighteen, or sixteen for a nurse, as paragraph (2) provides; must have passed a medical examination, and be free of contagious diseases and of physical or mental illnesses or disabilities that would prevent performance of the post, pursuant to a decision of the medical authorities in accordance with a special regulation, as the text puts it; must be of good conduct, and not have been convicted of a non-political felony or of a misdemeanour affecting honour, such as theft, embezzlement, forgery or fraud; and must hold a recognised educational certificate.
The existence of a vacant post in the cadre is a condition to be observed in employment, under Article 8(1). The authority that issues the appointment order, and the grades at which appointment begins, are set out in later articles of the same law, some of which have since been amended or reorganised. The conditions of eligibility are therefore read from Article 7, and the procedure of appointment is checked in the orders and instructions in force when the order was issued, without relying on an older title if the work has moved away from it.
Pay rates are those in the salary scale in force at the date of appointment. Figures in older tables attached to the law, or in articles that have been repealed or amended, are read only as they still stand in the text in force.
Starting work after notification, then probation
Article 16(1): the employee becomes entitled to the post’s pay, on appointment, from the date of starting work. If the employee does not start work within ten days of notification of the appointment, not counting the usual travel days, the appointment order is treated as cancelled. If a lawful excuse is put forward, the appointing authority may allow a period not exceeding thirty days from notification of the appointment for the employee to start work; when that period expires, the order is treated as cancelled. Meeting the conditions of appointment does not replace this time limit.
After starting work, an employee on first appointment is on probation for one year of actual service, under Article 14. The detail is on the probationary period for a State employee. If the employee is later absent, or is late in taking up a post after a transfer or after leave, Article 37 is read, as on ending a State employee’s service.
Once appointed, the employee is subject to the duties and prohibitions in the Law on the Discipline of State and Public Sector Employees No. 14 of 1991, as on employees’ duties and prohibitions.
The office follows the appointment order, the Article 7 conditions, the date of notification and the letter recording the start of work.
| Element | Basis | What is kept |
|---|---|---|
| Nationality or the period since naturalisation | Article 7(1) | The nationality document, or proof that five years have passed since naturalisation |
| Age | Article 7(2) | Proof of having reached eighteen, or sixteen for a nurse if that provision applies |
| Medical examination | Article 7(3) | The decision of the medical authorities under the special regulation |
| Good conduct and the absence of a conviction | Article 7(4) | Proof that there is no conviction for a non-political felony or a misdemeanour affecting honour |
| A recognised certificate | Article 7(5) | A copy of the certificate and proof that it is recognised |
| Starting work after notification | Article 16(1) | The date of notification and the date of starting work, or the excuse for an extension |
Legal basis and sources
Frequently asked questions
Is it enough to meet the Article 7 conditions without starting work?
No. Article 16(1) treats the appointment order as cancelled if the employee does not start work within ten days of notification, not counting travel days, with a possible extension of no more than thirty days if a lawful excuse is put forward.
Is the age requirement the same for every post?
The general rule is reaching the age of eighteen. The text makes an exception for a nurse, who must have reached sixteen.
Are the conditions of appointment applied again if someone who was never confirmed is re-employed?
Article 15 places an unconfirmed employee on probation again if re-employed after resignation, abolition of the post, or discharge. The original conditions of appointment are read together with the person’s circumstances at the time of re-employment.
Related topics and articles
- 01The probationary period for a State employeeProbation on first appointment under the Civil Service Law: one year, extendable by six months, discharge if the employee is not fit
- 02Ending a State employee’s serviceHow a State employee’s service ends in Iraq: resignation, deemed resignation under Article 37, discharge during probation, dismissal and removal
- 03Duties and prohibitions of the public employee under the discipline lawDuties of a State employee under Iraq’s discipline law, and prohibitions including holding two posts, work outside official hours, and accepting gifts.
- 04Absence, abandonment of the post, and resignationAbsence from duty, abandonment of the post, and resignation of a State employee: how the three paths differ, and when an investigation may open.
- 05Disciplinary penalties under the State employee discipline lawDisciplinary penalties in Law No. 14 of 1991, from a written reminder to removal (azl), and how each penalty affects promotion.
Grievance against an administrative decision in Iraq
A grievance is required before filing in the Administrative Judiciary Court: 30 days from notification, 30 days to decide, then 60 days to claim.
Read →When is a State employee referred to the courts under the discipline law?
Under the State employee discipline law, an investigation may stay in the department, or lead to referral if the act appears to be a job-related crime.
Read →