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
Study leave for a State employee
In briefArticle 50 of Civil Service Law No. 24 of 1960 as amended allows study leave in Iraq or abroad for an employee who has completed two years of actual service after the last certificate, with pay and fixed allowances, provided the subject relates to the employee’s specialty and to the department’s need. Counting the period for increment, promotion and pension is tied to obtaining the certificate contracted for.
The governing text is Article 50 of Civil Service Law No. 24 of 1960 as amended. The details of the grant and the form of the undertaking may be organised by instructions issued by the Minister of Higher Education and Scientific Research in coordination with the Minister of Finance, under Article 50(7), so the instructions in force are read together with the text.
The wider framework is on State employee discipline in Iraq.
Who may be granted leave, and where the study takes place
Article 50(1): the minister, or the head of an entity not linked to a ministry, may grant an employee who holds a first university degree or a higher degree, and who has completed two years of actual service after the last certificate, study leave outside Iraq, with all pay and fixed allowances, in order to obtain a higher certificate, for the period required for the study and for language training, in accordance with the conditions applied to scholarship students. The leave may be extended by one year, and then by a period not exceeding six months if necessary, preceded by confirmation of the student’s need for that extension.
Leave inside Iraq, under Article 50(2), is for an employee who has completed two years of actual service after the last certificate, with all pay and fixed allowances, in order to obtain: a higher degree, for a holder of a first university degree, for the prescribed period of study, extendable by no more than one year if necessary; or a diploma after preparatory study, for two years; or a first university degree (bachelor’s) after preparatory study, for four years.
A grant is conditional on the subject of study being related to the employee’s specialty, and on the need of the ministry or of the entity not linked to a ministry, under Article 50(3). A real-estate guarantee, or the guarantee of a personal surety, is required by the text for leave outside Iraq, in an amount equivalent to the pay, allowances, expenses and grants during the leave and any extension, under Article 50(1)(e).
Some ministry names in paragraph (8) of the article — including those connected with preparing a plan of study places at the beginning of each year — may have been followed by later administrative reorganisation. The department’s need and the plan of places are therefore read from the text, the instructions and the orders in force, without insisting on an older title if the division of work has changed.
Counting the period, failure, and return after leave
Article 50(4)(a): the period of study leave is treated as actual service for increment, promotion and pension if the employee obtains the certificate contracted for. If the study ends in failure for any reason, the period is not counted for increment or promotion, except where illness prevented continuation of the study or success, supported by a medical report authenticated by a competent official medical committee, or where force majeure prevented continuation. If a lower certificate than the one contracted for is obtained, the time in excess of the minimum allowed for that certificate is not counted for increment or promotion. An employee who has failed bears the study expenses incurred, including the pay received and travel costs, except where failure was due to illness supported by that report, or to force majeure.
Further privileges for a person who obtains the higher certificate contracted for within the legal period stated in the contract, without an extension, and the possibility of going on directly to a higher degree when success is at the grade stated in the text, appear in paragraphs (5) and (6), and are read from the text and the contract together.
When the leave ends, the employee must take up the post. If the employee does not do so, without a lawful excuse, within a period of no more than ten days from the date the leave ended, he or she is deemed to have resigned under Article 37(2) of the same law. The detail is on ending a State employee’s service and on absence, leaving the post and resignation.
The office follows the grant order, the contract, the guarantee, the date the leave ended, and any letter of return or record of absence.
| Element | Place in the text |
|---|---|
| Two years of actual service after the last certificate | Paragraphs (1) and (2) |
| A link between the subject and the specialty, and the department’s need | Paragraph (3) |
| Extension | One year, then up to six months outside Iraq if necessary |
| Counting the period as actual service | Paragraph (4)(a), if the certificate contracted for is obtained |
| The effect of failure | Paragraphs (4)(b) and (4)(d) |
| The guarantee for study outside Iraq | Paragraph (1)(e) |
Legal basis and sources
Frequently asked questions
Is the period of leave always counted as pensionable service?
Article 50(4)(a) ties counting it as actual service for increment, promotion and pension to obtaining the certificate contracted for.
What if the employee does not return when the leave ends?
Article 37(2) treats the employee as having resigned if he or she does not take up the post, without a lawful excuse, within a period of no more than ten days from the date the leave ended.
Who sets the conditions of the grant and the form of the undertaking?
Article 50(7) refers to instructions issued by the Minister of Higher Education and Scientific Research in coordination with the Minister of Finance. The instructions in force are read together with the text.
Related topics and articles
- 01Ending 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
- 02Absence, 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.
- 03Conditions for appointing a State employeeConditions for a first appointment to a government post under Article 7 of the Civil Service Law: nationality, age, a medical examination, good conduct
- 04The 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
- 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.
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