The Employee's Liability for Private Conduct Affecting the public Service

Abstract

The responsibility of the employee for the behaviors of their private life is one of the topics based on achieving a balance between the legal protection of the employee’s private life inside and outside the public institution and the administration’s right to supervision and control. The Iraqi legislator has guaranteed the protection of the private life of the public employee in the Constitution of the Republic of Iraq of 2005 and the legislation in force. However, this protection is not absolute, as despite the public employee enjoying their rights and freedoms outside the scope of work, their occupational position may make some behaviors of their private life that affect the public institution subject to accountability whenever they exceed their personal scope and directly or indirectly affect the reputation and prestige of public service. Furthermore, the amended State and Public Sector Employees Discipline Law No. (14) of 1991 and the amended Iraqi Penal Code No. (111) of 1969 constitute the legal framework regulating the disciplinary and criminal responsibility of the public employee. However, the provisions they contain have not established a precise and explicit standard defining the employee’s private behaviors that affect the public institution, which raises concerns about the administration’s abuse of its discretionary authority.