C- Resignation is the employee’s free desire to leave his job before the age specified for the end of service, with the approval of the administration. Resignation is an administrative act on the part of the employee in which he declares his desire to leave the service for specific reasons (1).
Q: What are the cases in which an employee’s resignation may not be accepted?
A – Referring the employee to investigation. If the investigation concludes that he is not responsible for what has been attributed to him, his resignation may be accepted. Postponing the resignation in this case is not restricted to the period of six months, the termination of which without deciding on the resignation is considered an acceptance of it. Rather, the suspension is subject to the period that the investigation takes, even if it extends to more than six months. Months.
B- If he is suspended from work for the benefit of the investigation being conducted against him, or for the public interest, or by force of law, as if he were detained in precaution or in implementation of a judicial ruling.
C – If any other disciplinary measures are taken against the employee, and if these procedures result in his being held accountable or punishing him with anything other than the penalty of dismissal, the resignation may be accepted.
Q/ Is it permissible for an employee to stop working after submitting his resignation and before accepting it from the competent administrative authority?
C – Article (75) of the system indicates that “the employee must continue to perform his work until he is informed of the decision to accept the resignation or until the specified period has passed for it to be considered accepted.”
The employee is entitled to his salary until the date he is informed of the resignation decision and the expiry of the period after which the resignation is considered acceptable.
Q: What are the types of resignation?
C – There are several types of resignation, including explicit resignation, implicit resignation, conditional resignation, collective resignation, and so on. However, we will limit ourselves to presenting two important types of resignation, which are explicit resignation and implicit resignation.
First: Explicit resignation:
Explicit resignation: issued by the employee is a voluntary act on his part in which he declares his desire to leave the service for specific reasons. It is not required to be in a specific form, but rather it must be written so that its meanings are understood based on the employee’s desire to leave work permanently.
Second, implicit resignation:
Implicit resignation: It is the assumption that the employee intends to leave work as a result of his absence from work for specific periods determined by the legislator (1). Article (81) of the decree on the civil service system stipulates that “if the employee stops working without permission, even if that is after an authorized leave… Accordingly, he will be deprived of his salary for the period of his interruption without prejudice to disciplinary accountability. If the interruption reaches fifteen continuous days or thirty non-continuous days within twelve months, he is considered to have resigned by law.
It can be understood from this text that the legislator has made the employee’s resignation effective by force of law as soon as he is absent from work for a period of fifteen consecutive days or thirty non-consecutive days, and that it grants the administration any discretionary authority regarding the excuses presented by the employee who is absent from work.
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(1) See Dr. Adel Al-Tabtabai, Civil Service Law, p. 483.
However, in view of the termination of the services of large numbers of employees, especially those who have strong excuses that may amount to force majeure, the Civil Service Council issued an explanatory decision for the content of Article (81). Among what was stated in this decision is that the administration is authorized to have discretionary authority in view of legal resignation, so it has the right to To accept this resignation and then terminate the employee’s service or return him to his job in light of its appreciation for the excuses he provides to her, while not being entitled to any salaries, allowances or job benefits during the period of his absence from work (1).
