المركز القانوني للموظف المؤقت : دراسة مقارنة

الملخص EN

The administration presents public service through officials.

However, such officials may not be sufficient sometimes.

Therefore, it seek the assistance from other groups of officials through different legal forms but they are not permanent officials, they are used by way of contract, and officials by contract, or through admitting them to service by way of an administration decision resulting in appointment, called temporary officials.

The Iraqi law, however, did not confirm neither the name nor specify the legal nature consequent from he ambiguity of legal provision.

Hence, it is necessary to investigate the topic of legal regulation of the position of a temporary official and the resulting problems emanating from it in practice.

The topic has been dealt with from different aspects according to two sections.

the first section tackles the concept of temporary official, whereas the second one revolves around the legal position of temporary official .the study concludes with a finding in which we have summarized the most important conclusions and recommendations we arrived at the most significant concluding remarks are that the term "temporary official" is not well delimited in Iraqi law and that the legal position of temporary official is almost identical with permanent official.

Therefore, the Iraqi legislature is recommended to replace the term "temporary official" in article 1(8) form the law of unified pension, no.9 in 2014 by the term " non – permanent official " to include temporary officials, officials by contract and others، such as officials without salary.