نظرية الموظف الفعلي : دراسة تحليلية في ضوء أحكام الفقه و الاجتهاد القضائي

Abstract EN

De facto employee theory is one of the theories that had been created by the French state council while trying to establish the principles and rules of the administrative law, and the Egyptian administrative judiciary adopted this theory in many cases.

De facto employee is defined as the person who occupy a public office without legal statues or proper and required legal documents or even without any document.

Originally, all his actions are supposed to be invalid, but the judiciary system consider his actions legal, despite the fact that it is not within its domain or direct specialty, in order to protect others good intention and make sure that the functioning of the public utilities is continuing.

Jurisprudence and judiciary put two conditions for the de facto employee theory: The lack of legal statues of the de facto employee.

The existence of outside appearance and the exceptional circumstances.

There are many consequences to this theory, among them which is related to the actions of the de facto employee in case of he had not occupied the public office, and the case of his occupation to this office terminated or became invalid, and the case of he continue illegally occupying his position.

Also, there are many other consequences to this theory related to statues of the de facto employee whether to his rights such as his salary or retirement pension, or his duties in his position.