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Abuse of Power in Employment and the Role of the Civil Service Bureau

Qiyas summary

The text discusses the role of the Civil Service Bureau in regulating employee affairs and addressing instances of employment abuse through regulatory review

Translated by Qiyas from السياسة — Original source

The public employee is a fundamental element in the success of the administrative apparatus; therefore, the employment relationship must be based on justice and equality, and respect for rights and duties. However, the reality may witness certain forms of administrative abuse, when administrative powers are used in a manner that harms the employee or affects their rights without a clear legal justification.

The role of the Civil Service Bureau emerges as an important authority in organizing employee affairs and public service, and in establishing the rules and regulations that govern the career path. Yet, some procedures and regulations may require review and development to align with modern changes in the work environment, and to achieve a greater balance between the employer’s interests and the employee’s rights.

Among the most prominent forms of administrative abuse are discrimination among employees, lack of clarity regarding the reasons for certain administrative decisions, and delays in addressing appeals and complaints. This may lead to employees feeling a sense of injustice, which in turn affects their performance and job stability. Therefore, protecting employees does not mean paralyzing managerial authority; rather, it means subjecting this authority to legal controls and preventing its misuse. Such discipline can only be achieved by strengthening the fundamental elements of the legal rule, namely, ensuring the application of laws in accordance with the principles of generality and abstraction.

From a critical perspective, amending and developing the legislation and regulations governing the civil service has become essential, so as to provide clearer guarantees for employees, specify procedures for appeals and investigations, establish fair standards for promotion and evaluation, and strengthen oversight of any decision proven to have been issued with the intent to harm an employee or without a legal basis.

Addressing administrative abuse is not achieved merely by issuing regulations; it requires fair and transparent implementation. As previously noted, this involves reinforcing the activation of the two elements of the legal rule: generality and abstraction. The development of civil service laws and regulations should aim to achieve a balance between managerial authority and employee rights, thereby enhancing workplace justice, raising the efficiency of the government apparatus, and safeguarding the dignity and rights of employees.

Salem Al-Jemaz

College of Commercial Studies, Law Major

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