Legal Implications of Suspending a Public Employee's Duty under the Amended State and Public Sector Employees Discipline Law No. 14 of 1991

Abstract

Suspending an employee's duty under the State and Public Sector Employees Discipline Law No. 14 of 1991 is a precautionary measure taken by the administration when the interests of the investigation necessitate temporarily removing them from their job responsibilities. This is done to prevent any potential influence on evidence, witnesses, or the course of the investigation. This measure entails suspending the employee's direct relationship with their position and their powers during the suspension period, without constituting a disciplinary penalty. Financially, the employee receives only half of their nominal salary, and allowances related to the nature of their work are suspended until their responsibility is determined. Furthermore, the period of suspension is not considered actual service for the purposes of promotion and bonuses unless the investigation or the judiciary concludes that the employee is not responsible, in which case their financial and professional rights are retroactively restored. The decision to suspend an employee is subject to judicial review as it has a direct impact on the employee's legal status, thus allowing for appeals if it is issued outside the limits prescribed by law.