@article{Dawood Mohammed_Dlawer Mohammed_2022, title={Disguised Employment Penalties and Grievances against it (A comparative study)}, volume={11}, url={https://journals.nawroz.edu.krd/index.php/ajnu/article/view/864}, DOI={10.25007/ajnu.v11n1a864}, abstractNote={<p>  In order to preserve the public interest and the smooth functioning of public utilities, according to the discretionary power it owns and on the basis of the principle of legality, which states that (there is no penalty except by text), the administration imposes a set of disciplinary penalties that the legislator has listed exclusively on the public employee who violated his job duties.</p> <p>  However, there are some other non-disciplinary employment penalties that the administration inflicts on the employee without resorting to the disciplinary measures stipulated in the law that cause harm to the employee’s legal status and deprive him of the guarantees that the legislator has guaranteed him, and this type of punishment is called (masked employment penalties) and Which is considered a violation of the principle of legality and an abuse of the authority granted to the administration.</p> <p>  Administrative decisions that include imposing disguised occupational penalties, like all other administrative decisions, are subject to management oversight, which is to guarantee the employee’s right to grievance against that decision and to demand its cancellation, withdrawal or amendment, and the removal of material and moral damages that were caused to him as a result of the grievance decision.</p> <p>  This research is a serious scientific effort to find out the extent and possibility of the employee who is punished with a disguised functional penalty grievance against the decision containing that penalty and the effects resulting from that grievance on the management, the grievance, and the decision containing the disguised functional penalty. The outcome of all this is the regular and steady functioning of public utilities, and the identification of weaknesses and gaps in the Iraqi legislation in this field through analysis, comparison, and proposing appropriate solutions and treatments to fill those gaps and shortcomings.</p>}, number={1}, journal={Academic Journal of Nawroz University}, author={Dawood Mohammed, Sangar and Dlawer Mohammed, Schwan}, year={2022}, month={Mar.}, pages={181–198} }