Public employee strike (Comparative analytical study)
Journal of college of Law for Legal and Political Sciences,
2017, Volume 6, Issue 22 part 1, Pages 170-226
The public officials and have some rights and privilages that emanate from their and office according to the constitution, laws and regulatuions, this is on the one hand. On the other hand, they are under some duties imposed by the same sources of law like Constitution, Statutes and so on .
Sometimes, the rights of the public officials and stand in their practice with some of their official duties. This could be exemplified by the contradiction between the right to express of the public official and embodies by the strike of work,with the duty of strict compliance with the work schedules and continuity on work but by a legal excuse and by the prior approval from the administrative institution concerned. Here appears a kind of contrast and contradiction between the private right of expression and the public right which entails that the public services and administrative institution must work continuousy,regularly and steadily for the sake of the whole society.
Therefore, the right of the public official to strike is a complex issue and deserves to be accurately dealt with and handled according to the relevant laws , knowingly there are multiple regulation and solutions to it acoording to the trends of the different legal systems throughout the world. However , as different as one can think are the legal solutions adopted by the different systems ;it,generally ranges between the absolute prevention and conditional allowance being restrained by some regulatory or legal or judicial restraints.
In Iraq and Kurdistan Region,there are so many practical cases of work strike, on which there are so many legal limits and laws, but the problem is that those laws are out of use and disoperated against the striking cases conducted by the various sectors officials. In our opinion,those punishing provisions are to be deemed as canceled after the accession to the Internation Convenant to the economic , social and cultural right of Iraq.
So ,we opted to consider the above mentioned issue dividing it on two chapters; the first dedicated to stating the essence of strike of work done by the public official , and the second being dedicated to the legal regulation to the on-function strike. Finally, the study will be ended by a set of findings and reeommendatins that we have made in respect of the topic at issue , taking into account the public and the private interstes' ie. that of the whole society and that of the public official or functionary.
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