How does a government employee face a decision that harms him?

The employee must initially make the administrative grievance

  • Administrative complaint is an administrative means of damage to the administrative or disciplinary decision submitted by the employee to the management authority, provided that it is amended and that the employee is satisfied with the 100 to go to court to request that the decision be quaed.

It is a written request in any form that the stakeholder has submitted to the decision-making or presiding administrative body, which includes his desire to withdraw the administration for a particular decision because of its illegality.

The grievance is of two types: –

Optional grievance, grievance and duty.

1. Voluntary grievance: it is not binding, whether to the complainant or others, the relevant person can submit his grievance to the administration and then go directly to the administrative judge, raising his case before him without delay for the response of the aggrieved administration.

2. Obligatory complaint: this is what the legislator has made a condition for accepting the case, i.e. it has to be conducted before entering the proceedings, in which case the outcome of the examination of the complaint must be awaited and this type of complaint is limited to the appeals of the employees to decisions concerning the affairs of the job.

The purpose of the complaint is:

Is that the representative of the administration may be satisfied with the validity of the complainant's point of view and the illegality of its decision and withdraw it or amend it.

Calculating the date of the complaint:

The employee must submit the complaint within 60 days of the publication of the appealed administrative decision in the Official Gazette or in the bulletins issued by government interests, or the declaration of the stakeholder or proof of certainty. This is the duration of the cancellation claim and this date is interrupted by a complaint to the administration or presidential authorities.

After submitting the complaint, it does not depart from one of the following three obligations:

The first is that the grievance should be withdrawn or amended properly, and thus the complainant's desire will be fulfilled and the problem ends.

2. The administration rejects the complaint expressly and informs the complainant before the 60 days scheduled for the broadcast of the complaint.

3. The 60-day silence of the administration is an implicit rejection of the grievance, but the last amendment to Article 7 of the Decree no. 20 of 1981 obliged the legislator to decide on the complaint within 60 days of the date of its submission, and if the decision of refusal must be reasoned.

This is contrary to the old law, where it was 60 days late to file a complaint without the competent authorities answering it as a rejection.

Proof of the date of submission of the complaint-

The reference is the date of the actual arrival of the complaint to the administration and the complainant must receive a receipt explaining the date of the application and the number of the complainant's receipt.

The appeal date is extended if the last day of the public holiday falls and the date of filing the case does not begin until the first working day after the holiday.

– : The penalty for not submitting a complaint-

If the complaint is obligatory: the court shall not accept the case as a form of residence prior to the appeal, but if the complaint is filed after the time, the court shall not accept the case as a form to be filed after the due date of the cancellation.

If the complaint is optional: the filing of the cancellation suit on time without submitting a complaint against the decision shall be accepted in form.

Procedures for submitting a complaint-

The complaint must be submitted on time, containing the material data, causing it, and rooting out the law.

– The person to which the complaint is submitted is the administrative body that issued the decision or the presidential entity

– If a special law regulates the way of grievance, its provisions must be restricted.

– The lesson on the date of the receipt of the complaint actually to the administration

– The lesson of the date of the grievance in the record of this and not any other date

– The complaint must be filed after the decision has already been issued and not before it is issued

– If the grievance is ambiguous and formulated in unspecified terms, it is not considered to be in the time limit.

– There is no specific way of complaining, it may be a complaint and it may be an ultimatum on the hands of the advertising representative.

– There is no lesson by repeating the grievance, the lesson is the first grievance and it is the only one that breaks the statute of limitations, but the grievances that follow do not count.

– The non-existent decision does not require a complaint from him, as the violation is flagrant in the law where the Court of Cassation went to the point that the non-immunity decision does not provide him with immunity and does not remove his defect by missing the date of the appeal and may file a lawsuit against him without complying with a certain date

-: The effects of submitting a complaint-

1. Effects of the voluntary grievance

The voluntary application of the application shall be extended to the period of the period, but the applicant may file a complaint directly to overturn the decision without waiting for the outcome of the complaint.

2. Implications of submitting a mandatory grievance

The submission of a obligatory complaint without which the cancellation claim is not accepted shall be subject to the validity of the period, but the applicant may not file a claim until after the administration has responded to the complaint and the 60-day period begins again from the date of publication of the decision in the official gazette or the bulletins issued by the government and the announcement of the relevant person or proof of his knowledge of E is a certain science.

-: The origin of the complaint is that it is permissible, but there are specific cases specified by law exclusively, namely,

1. Decisions to appoint to public office

 2. Promotion decisions

3. Decisions to terminate the employee's service or to impose a disciplinary penalty

Other than that, challenging her for lack of it doesn't have to be preceded by a complaint.

The explanatory note said: Due to the practical reality of the failure of the administration in most cases to answer or sympathize with the grievances of the stakeholders in the administrative decisions that the law required to complain about if the concerned person wishes to challenge it before the competent court, which forces the owner of The matter is to wait 60 days until the administrative body responds to his grievance, after which the journey of the lawsuit against the decision begins.

Moreover, the administration's position is often negative from these grievances, based on the fact that it misses the 60-day deadline for responding without such a response. Grow up with the man of the administration who made the decision or who offers to complain a kind of negativity and unwillingness to reverse his decisions even if they are tainted by mistake, and throw the matter to the court if the complainant wants to do so

 

Source

Decree no. 15/1979 on the civil service

Decree of Law No. 20 of 1981 Administrative Department of the Supreme Court

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