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Islamic Government of Afghanistan
(Islamic Emirate of
Afghanistan)
Official Newspaper (Jarideh)
Year: 1999
Issue No:
790
Copyright in Translation Center for International Management Education, Inc.
2003. All Rights
Reserved.
The Order of the Islamic Government of
Afghanistan
No.34
Date,1420/9/12
On the basis of
the ratification number (2733), dated 1420/7/11 and the ruling no
(2),
dated 1420/8/2 of the Council of Ministers of Islamic Government
of Afghanistan, I
hereby sign the law for officials of the Islamic
Government of Afghanistan in (9)
Chapters and (72)
Articles.
The Law for officials of the Islamic Government of
Afghanistan shall be enforceable
upon signing and shall be published
in the official newspaper.
(Greetings) Vasalam,
Servant of
Islam,
Amir Almomenin Molla Mohammad Omar (Mojahed)
Copyright
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Reserved.
The Laws
for Officials
(Officers)
of
the Islamic Government of
Afghanistan
Chapter One
General Rules
Article
1
These Laws are enacted observing Islamic regulations, and general bases
of the work in
order to regulate the relations of the officers (officials)
with the Office.
Article 2
A government officer (official)
is one who on the basis of the rules of these Laws is
permanently appointed
to the service in a public Office.
Article 3
(1) Judges and
prosecutors are subject to these Laws, and to their specific
legislative
documents.
(2) Officers (Officials) and individuals of similar
ranks in armed forces, police force,
officers of banks, and public
enterprises are subject to their specific documents.
Article 4
The
officers of the government are divided into the following five ranks and
grades.
Rank a(Alef): Superior
Rank b(Beh): Grade one and
Grade two
Rank c(Jim): Grade three, Grade four, and Grade
five
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Rank d(Dal): Grade six, Grade
seven, and Grade eight
Rank e(Heh): Grade nine and Grade
ten
Article 5
An officer shall not be deprived of his salary (for
his assignment/mission) without legal
authority, or court
order.
Chapter Two
Terms for Inclusion
Article
6
(1) The individual with the following qualifications shall be accepted
as government
officer.
1. Citizenship of Afghanistan.
2. Eighteen years
of age completed.
3. Approval of public health authorities certifying the
individual is not affected by
chronic, or infections diseases, or diseases
which prevent his the performance of
his duties.
4. Certificate from
public or private training centers.
5. Competence and talent for work
performance.
6. Completion of military service, or certificate of exemption
from, or dispatch to
the military service.
(2) In addition to terms stated
in Clause (1) of this Article, as for university lecturers,
teachers, officer
of bank and technical institutions their specific legislative documents
shall
also be observed.
(3) The priority for inclusion in specialized duties shall
be given to an individual who
has education, competence, and capability in
that field.
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(4) Approval of the age of the
person at the time of inclusion shall be accomplished,
with regard to his
citizenship (identification) paper.
Article 7
At the time of
employment, rank of the individual shall be determined on the basis
of
education as follows:
(1) Holder of bachelor degree, or its equivalent,
from public or private religious schools
to rank ten. Years of education,
more than bachelor, and less than bachelor
accomplished successfully in due
period of education shall be included in the record of
officer.
(2) Holder
of “license” degree, or its equivalent from public or private
schools of higher
education to rank nine and one year record. The period of
“license” degree for this
purpose is (4) years.
(3) Based on
the diploma, or certificate approved by the Ministry of Higher Education,
the
exact period of education, equal to four years for “license”, and
more than that
which leads to higher certificates shall be considered for
grade of promotion and
retirement of the officer.
Article 8
(1)
It is not permitted to include an individual as an officer when there is no
(vacant)
position (available).
(2) In case the individual, or his spouse
is not born from Afghan parents, he shall not be
appointed as a political
officer (diplomat).
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Chapter
Three
Appointment of the Official
Article 9
The
following authorities shall appoint the officer:
1. Officer (Official) of
rank a (Alef), upon the proposal of the minister, approval of
the
Council of Ministers, consideration of the Leader, (Amir-Al-momenin)
or
directly from the Leader, (Amir-Al-momenin).
2. Officer
(Official) of rank b (Beh), upon the proposal of the minister, and a
person
who is not of rank upon proposal by the Director of the Council of
Ministers.
3. Officer (Official) of rank c (Jim), in centers and
provinces upon the proposal of
the minister, and a person who is not of rank
upon a minister.
4. Officer (Official) of rank d and e (Dal and
Heh), upon the proposal of the
minister, approval of the governor of a
province, or its equivalent and a person
who is not of rank upon general
directorships associated with the Council of
Ministers upon proposal by
general director.
Technical officer (for rank e) in centers and provinces
upon proposal by the minister
and a person who is not of rank and in general
directorships associated with the Council
of Ministers upon proposal by
general director.
Translator’s Note: bachelor degree is not a degree
obtained in institutions of higher education. It is
equivalent to less
than what is considered a BS or BA degree in the Western world. The
equivalent
of BS and BA in these laws is referred to as
“license” and the equivalent of MS or MA is referred to
as
“Masters” .
Article 10
(1) An Office can hire
(employ) a new officer with sufficient competency for a position
higher than
his basic (main) rank, based on the following:
1- Possession of a bachelor
degree, in the center (2 rank higher), and in the
provinces (4 rank
higher).
2- Possession of a degree higher than bachelor, in the center (3
rank higher), and in
the provinces (5 rank higher).
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3- Possession of a “license” degree, in the
center (4 rank higher), and in the
provinces (6 rank higher).
4-
Possession of a “masters” degree, in the center (5 rank
higher).
5- Possession of a PhD degree, in the center (6 rank higher).
An
officer can be promoted to one rank, each rank higher than his basic rank, if he
has
sufficient competency.
(2) An officer cannot be assigned a duty by a
supervisor, who is his (close) relatives.
(Close) relatives for this purpose
are: father, son and brother.
Chapter Four
The Rights of the
Officer (Official)
Article 11
The officer shall enjoy the
following rights:
1. Allowance with its attachments, and other payments on
the basis of legislated
documents.
2. Leaves.
3. Promotion.
4. The
right to retirement, and taking advantage of other social
securities.
Article 12
(1) The determination of amount and terms
for allowance payment of different ranks of
officers shall be carried out as
follows:
1. For officer of public Offices and those mixed institutions in
which the share of
government is more than fifty percent, by the government,
according to specific
tables.
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2. For
officers of private enterprises and those institutions in which the share
of
government is less than fifty percent, by relevant enterprises and
institutions upon
the agreement of General Director of Labor and Social
Affairs.
(2) The amount of allowance for officers subject to Part (2), Clause
(1) of this Article
with the separation of each grade shall not be less than
the minimum allowance
determined by the government for officers of public
institutions.
(3) The officer from the time of appointment shall deserve
allowance with its
attachment.
Article 13
Financial privilege
for educational certificates of scientific and technical staff shall
be
regarded as a part of officers’ allowance.
Article
14
(1) The officer who observes work order and discipline properly and is
competent in the
performance of duty, shall be rewarded for his services with
financially, letter of
admiration, and letter of appreciation.
(2)
Financial rewards which include the amount of up to one month allowance with
its
attachments shall be granted to the officer upon the proposal of the
respective official,
and consideration of the minister, or the official of
rank a, or directly from the
mentioned authorities.
Article
15
(1) The officer shall be rewarded by the letter of admiration upon the
completion of the
following conditions:
1. Accomplishment of the assigned
work in the best way possible in its due time.
2. Accomplishment of the duty
in advance of the determined time with better quality
and quantity.
(2)
The letter of admiration which includes the amount of two months allowance
with
its attachments shall be granted to the officer upon the proposal of the
respective official
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and consideration of
the minister, or the official of rank a, or directly from the
mentioned
authorities.
Article 16
(1) The letter of appreciation with regard
to its significance is determined in the
following three grades:
1. Letter
of Appreciation, Grade three
2. Letter of Appreciation, Grade two
3.
Letter of Appreciation, Grade one
(2) The officer shall receive Latter of
Appreciation, Grade three upon the completion of
the following terms:
1.
Completion of conditions operating in Clause (1), Article (15) of these
Laws.
2. Innovation in work.
3. Accomplishment of positive works beyond
the call of duty for the Office.
(3) Letter of Appreciation, Grade three
which contains one year record shall be granted
upon the proposal of the
respective official and consideration of the minister, or the
official of
rank a, or directly form the mentioned authorities. Letter of
Appreciation,
Grade there includes two months allowance with its attachments
for the officer ranked
Superior.
Article 17
(1) The officer
shall receive Letter of Appreciation, Grade Two, upon the completion of
the
following terms:
1- Completion of conditions stated in Clause (2), Article
(16) of these Laws.
2- Presentation of constructive plans and proposals,
which shall lead to
effective consequences.
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(2) Letter of Appreciation, Grade Two which contains two
year record shall be granted
upon the proposal of the minister, or the
official of rank a, and consideration of the head
of the Council of
Ministers, or directly from the head of the Council of Ministers.
Letter of
Appreciation, Grade Two includes three months allowance with its
attachments
for the officer ranked superior.
Article 18
(1) The officer shall
receive Letter of Appreciation, Grade One, Upon the completion of
the
following terms:
1. Completion of conditions stated in Clause (1), Article
seventeen of these Laws.
2. Possessing the power to organize, cohere and
coordinate the work.
3. Effective and precise application of the government
policy at work.
(2) Letter of Appreciation, Grade one which contains one rank
promotion shall be
granted upon the proposal of the minister or the official
of rank a, and approval of the
head of the council of ministers and
consideration of the leader.
Latter of Appreciation, Grade one includes four
months allowance with its attachments
for the officer ranked
superior.
Article 19
(1) In a period of promotion, letters of
appreciation stated under these Laws shall be
granted only once.
(2) The
granting of letters of appreciation stated in this Article upon the completion
of
certain conditions shall not be conditional on the receiving of other
types of promotions
anticipated under these Laws.
Article 20
The
leaves of the officer are subject to the rules of the Labor Laws.
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Article 21
Rank promotion is the advancement of
the officer from the existing rank to the higher
one.
Article
22
(1) The officer shall be subject to rank promotion upon the following
conditions:
1- Three years of service completed.
2- Positive result of
competence evaluation papers.
(2) The period of service required for
promotion to rank superior shall be four years.
(3) The officer ranked
superior shall have allowance promotion upon the following
conditions:
1-
Upon one year of actual service while ranked superior 15 percent of
the
allowance allocated for the rank superior.
2- Upon two years of actual
service while rank superior, 25 percent of the allowance
allocated for the
rank superior.
3- Upon three years actual service while ranked superior, 50
percent of the
allowance allocated for the rank superior.
4- Upon four
years of actual service while ranked superior, 75 percent of the
allowance
allocated for the rank superior.
(4) The officer who has completed more than
four years of actual service while ranked
superior prior to the enforcement
of these Laws, shall be subject to allowance
percentage promotion stated in
Part 4, Clause (3) of these Laws.
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Article 23
The working duration of the officer,
introduced to international institutions, companies,
and private and mixed
institutions upon the agreement of competent government
authorities or due to
requirement shall be included in his employment record.
Article
24
Each year the due time to grant promotion shall be the birthday
anniversary of prophet
Mohammad (S) (12th of Rabie-ol-aval).
The
officer who shall deserve promotion on Rabie-ol-Aval, 12th, but due
to
administrative problems, his promotion is not granted, up on the removal
of the
problem, shall deserve his delayed promotion which shall be
enforceable from its earlier
due time.
Article 25
(1) The
officer for whom, due to the difference between his primary date of
appointment
and the determined time of promotion (Rabie-ol-Aval,
12th), the required record to
receive the promotion is not completed, the
shortages shall be treated as follow:
1- In case the period of shortage is
from one day to six complete months, the
shortage shall not prevent the
officer from promotion.
2- In case the period of shortage is more than six
months, it shall prevent the officer
from promotion.
(2) In calculation of
the service record for the officer that has been martyred, has died,
or has
become a total disabled for the defense of the Islamic objectives, or during
his
work performance, in case of period of shortage from one day to six
complete months,
the shortage shall not prevent the officer from his periodic
promotion.
Article 26
The Board of Promotion comprised of the
Minister or the authority with the position
beyond the rank, in the capital,
and the governor or his counterpart, in the province, and
general directors
relevant to the council of Ministers shall be established to approve
the
qualifications for promotion.
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Article 27
(1) The respective Office shall
formally forward the competence evaluation paper for
the promotion of the
officer to the first certifying authority two months prior to the due
time of
promotion.
(2) The first authority shall responsibly evaluate the competence
evaluation paper for
the promotion of the officer and shall forward the
evaluation paper to the second
authority ten days after receiving it.
(3)
The second authority in evaluation of the mentioned paper shall have
similar
obligations.
(4) The competence of the officer ranked (a) shall be
evaluated by the direct authority
in case based on the administrative
hierarchy, he has one superior authority.
(5) The respective Office upon the
approval of the accuracy of evaluation paper shall
forward the paper
accompanied by other certificates effective for promotion to the
Board of
Promotions.
Article 28
In case conditions for promotion and
retirement is provided simultaneously, the officer
shall be retired with a
promotion.
Article 29
The Authorities stated in Article (9) of
these Laws are competent to consider the
promotion of the officer in due
terms.
Article 30
(1) Taking advantage of retirement pension and
social securities of the officer are
subject to the rules of the Labor
Laws.
(2) Considerations for retirement of the officer as well as removal and
extension of his
service in due terms shall be done by the authorities stated
in Article 9 of these Laws.
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Chapter
Five
The Obligations of the Officer (Official)
Article
31
(1) The officer, as a faithful individual, believer, and servant of
the society shall within
the extent of religious rules, and the law undertake
his duties with complete faith and
shall safeguard public interests in the
best way possible.
(2) The officer is responsible for the duty, or
jurisdiction legally authorized as
transferred to him.
(3) The officer
shall observe the hierarchy, order, and discipline of the Office.
Article
32
(1) The officer for accomplishment of the assigned duties shall obey
the order of the
respective authority in the Office.
(2) In case the
officer regards the order of the respective authority contrary to the
rules
or regulations, he shall inform the respective authority in writing. If
after the
notification, the respective authority approves the execution of
his order in written form,
the consequences of the execution shall not be
with the officer and the respective
authority shall be
responsible.
Article 33
The officer within the official working
hours shall prevent himself from any action,
which causes cessation in the
affairs of the Office.
Article 34
The officer shall safeguard the
secrets of his duty and shall not reveal them unless
required by the
law.
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Article 35
(1) The officer
within the official working hours shall not be engaged in personal works
when
not taking advantage of his legitimate leaves.
(2) The presence of the
officer shall be controlled by the respective authority, and the
respective
Office shall provide and maintain the attendance records.
Article
36
The officer shall not take advantage of official jurisdiction for
personal intentions.
Article 37
The officer shall not take part in
tenders he is bound to perform.
Chapter Six
The Conditions of
Transfer of Officers (Officials)
Article 38
The officer with
the following exceptions shall not be transferred in less than
three
years:
1- The requirement of field specialty and work skill of the
officer, which shall lead
to the improvement of affairs.
2- Unfavorable
competence evaluation paper in the period of rank promotion.
3- Agreement of
both Offices and consideration of the authorities stated in Article
(9) of
these Laws.
4- Urging requirement of the officer, which shall be convincing
to the Office.
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Article 39
The
officer shall undertake his existing duty until he completes the procedures
of
transfer.
Article 40
The transfer of the officer in due terms
shall be done by the authority who had
appointed him, as anticipated in
Article (9) of these Laws.
Article 41
(1) Transfer of school and
asylum teachers in due terms regardless of the rule subject to
Article (40)
of these Laws shall be within the jurisdiction of the Minister of
Guidance,
in the capital, and in the provinces, within the jurisdiction of
the governors or their
counterparts.
(2) Transfer of lecturers in
pouhantoon, higher education and religious, vocational and
higher
training institutions regardless of the cases subject to Article (40) of these
Laws
in the capital as well as the provinces shall be within the jurisdiction
of the respective
ministers.
(3) Transfer of teachers subject to Clause
(1) of this Article to duties outside educational
and training institutions
of the respective province cannot be done without the
agreement of the
Minister of Guidance.
Translator’s Note: There is no equivalent for
the word “Movaghaf” which means “stoppage”
or
“temporary suspension” . Therefore, the word itself has
been used instead of its English equivalent.
Chapter
Seven
Officer’s Movaghaf
Article 42
The
officer during his period of employment shall be subject to one of the
following
movaghafs:
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1-
Main movaghaf.
2- Service movaghaf.
3- The Military service
movaghaf.
4- Education movaghaf.
5- Temporary dismissal
movaghaf.
Article 43
Main movaghaf is the state where
the officer performs his duty actually in a specific
assigned
position.
Article 44
(1) Service movaghaf is the state where
the officer upon the order of the Office is
temporarily obliged to perform a
public service other than his main duty.
(2) Duration of the public service
cannot exceed six months.
Article 45
(1) The Military service
movaghaf is the state where the officer is spending the
military
service or the precaution period in accordance with the rules of the
Armed Forces of the
Islamic Government of Afghanistan.
(2) The officer
shall be dismissed from his work from the time of summons to the
military
service.
(3) In the military service movaghaf, the Office shall not
provide the officer with
allowance and its attachments. But his family can
take advantage of financial aids and
social securities of the officer. The
allowance of the officer during his precaution
service shall be executed
based on specific criteria of the related sector.
(4) The military service
period of the officer and secondary graduates of public,
religious,
pouhantoons, and other public and private institutions of higher
education and
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training summoned directly to
the military service shall be included in their work
period.
(5) The
officer shall take advantage of the salary and his other privileges stated
in
Clause (3) of this Article, if summon to the military service is not due
to resignation or
work dismissal.
(6) The officer shall refer to the
centers of summon and dispatch from the time of
summon within one month,
otherwise, he shall be subject to the state of waiting
movaghaf
without pay.
(7) In case the officer, consistent with the rules of law,
is not subject to the military
service, he is obliged to refer to the
respective Office within a month of receiving the
card for dispatch or the
certificate of exemption from the military service.
Article 46
(1)
Education movaghaf is the state where the officer upon the agreement of
the Office
shall be studying (scholarship-fellowship) in the country or
abroad.
(2) Successful education period of the officer shall be included in
his work period upon
education certificates with regard to the rules of
specific legislative documents and
approval of the ministries of Guidance and
Higher Education.
Article 47
The time spent for acquiring on-duty
training in the country or development of relevant
certificates for
(enhancing) foreign languages skills shall be counted towards work
period by
presenting the (successfully) passed certificates.
Article 48
The
officer who is in education movaghaf in accordance with relevant
legislative
documents shall deserve allowance with its attachments as well as
other privileges of
the employment.
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Article 49
The officer shall be in temporary
dismissal from duty in the following cases:
1- Suspension.
2- Resignation
and abandonment of duty.
3- Engagement in positions out of rank or in
international institutions.
4- Waiting.
5- Accusation to the violation of
Islamic rules or corruption.
Article 50
(1) Suspension is temporary
dismissal of the officer from his duty.
(2) The officer shall be subject to
suspension in the following cases:
1- In case where the officer is under
accusation and shall be arrested.
2- In case where the officer is dismissed
from his work for investigation and trial.
Article 51
Employment
rights shall be executed and rendered in the period of investigation
and
trial in due terms as follow:
1- In case the accused officer is not
under investigation or arrest and is not
suspended, he shall take advantage
of all rights and privileges stated in the rules
of these Laws.
2- In case
the accused officer is under investigation or arrest, his employment
rights
shall be suspended until ruling of the court. If as a result of
investigation, the
officer becomes not liable to prosecution, he would
deserve corrective action, or
upon the court ruling is regarded innocent, the
allowance and all his rights during
the period of suspension, the
investigation and trial, shall be rendered to him.
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3- In case the officer subject to Part 2 of this Article
is temporary released until the
ruling of the competent court, the Office
shall return him to work. In such a case,
the officer shall take advantage of
all rights and privileges stated under these
Laws.
4- In case the accused
officer is sentenced to suspended imprisonment, during the
sentence his
promotion shall be withheld. If during the suspension, the convict
commits no
offense, the impact of the offense shall disappear and his promotion
shall be
rendered from its due time.
Article 52
(1) An officers with at
least ten years of work record can call for his resignation.
(2) Resignation
request shall be presented to the respective authority of the
relevant
Office.
(3) Approval and disapproval of the officer’s
resignation shall be within the jurisdiction
of the authority subject to
Article 9 of these Laws.
(4) The officer can withdraw his resignation within
15 days.
(5) Within 15 days after the expiration of the period stated in
Clause (4) of these Laws,
the Office shall make decision and shall notify the
officer, otherwise, his resignation
shall be approved.
Article
53
(1) The (officer who has resigned) shall continue his duty from the
time he applies for
resignation, until the time of decision making, or within
the expiration of 30 days (from
the time the resignation has been
submitted.)
(2) The Office shall review (computer) financial accounts of the
resigned officer within
two months from the time of resignation
approval.
(3) As for the case stated in Clause (2) of this Article, the
resigned officer shall deserve
a monthly payment equal to the income of his
main rank.
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Article 54
(1) The
resigned officer, maintaining his rank, can again return to work, or call for
his
retirement.
(2) In case the resigned officer returns to his work, the
period of resignation shall not be
included in his work period.
(3) In
case the resigned officer calls his retirement, he shall deserve retirement
pension
from the time of resignation approval.
Article 55
(1)
Resignation of the officer in an emergency condition is not permitted.
(2)
Group resignation of the officers of an Office is not permitted.
Article
56
(1) In case the officer abandons his work for more than twenty
consecutive days,
without any justified excuse convincing to the Office, he
shall be considered dismissed
from his work.
(2) The rule stated Clause
(1) of this Article should be applied to the officer who does
not attend his
new position after receiving written notice as well as the officer who
has
completed his leave.
(3) The officer dismissed from his duty shall be
regarded resigned and shall be subject
the consequences of
resignation.
(4) The officer subject to Clause (3) of this Article shall
return to work provided that
one year be deducted from his work
period.
Article 57
Waiting state is the condition where the officer
does not undertake a duty actually and
with or without income, waits for his
assigned duty .
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Article 58
The
officer shall be subject to waiting state with income in the following
cases:
(1) Abolishment of the position of the officer
(2) If he returns to
the respective Office within a month of completing the
military
service.
(3) If he returns to the respective Office within a
month of completing the incumbencies
outside the rank.
(4) If on behalf of
the Office, he is introduced for education in the country or abroad
and
refers to the respective Office or the General Director of Labor and
Social Affairs within
a month of completing the education.
(5) If he
refers to the respective Office one month after completing his duty in one of
the
institutions stated in Article (23) of these Laws.
(6) If a substitute
has been assigned for his position.
(7) If his period of suspense and trial
is terminated in accordance with Part 2, Article (5)
of these Laws.
(8) If
he refers to the respective Office within 15 days of performing his
pilgrimage
duty.
Article 59
(1) The officer who is in waiting
state with income shall deserve the income, specified
to the main rank with
its attachments for maximal six months from the respective
Office.
(2) The
officer who is in waiting state with income shall take advantage of
other
employment rights and shall follow the orders in the
Office.
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Article 60
(1) The
Office shall appoint the officer who is in waiting state with income, based on
his
field of study, or his experiences until the time of his reappointment
and shall render his
income with its attachments for his work.
(2) The
Office cannot hire new (replacement) officer with similar conditions as long
as
there is a officer who is in waiting state with income.
(3) The Office
shall provide the grounds for reappointment of the officer who is in
waiting
state with income for up to three month.
(4) In case the respective Office
within three months does not provide the grounds for
reappointment of the
officer consistent with his field of study and work record, the
Office shall
communicate the issue in writing to the General Director of the labor
and
Social Affairs.
(5) The General Director of Labor and Social Affairs
shall provide the grounds for
reappointment of the officer introduced bused
on the rules of Clause 4 of this Article.
Article 61
(1) The
officer shall be subject to waiting state without income in the following
cases:
1- If he does not refer to the respective Office for reappointment in
the
specific time stated under these Laws.
2- If one year is past from the
time of resignation or dismissal of the officer.
3- If he refers to the
Office more than a month after his leave of absence
without pay.
4- If the
rejected officer is pardoned or rehabilitated according to the law.
5- If
upon the ruling of the court he is sentenced to jail for up to a year.
(2)
The waiting state without income stated in Clause (1) of this Article shall not
be
included in the work period of the officer.
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Article 62
The Office shall formally
communicate the matter to the General Director of Labor and
Social Affairs
immediately after the officer is placed in waiting state without
income.
Article 63
Temporary separation of the officer shall be
carried out by the authority who has
approved his appointment based on the
order predicted in Article 9 of these Laws.
Article 64
The officer
subject to waiting state without pay, from the time of applying,
observing
the rules of Article 130 of the Labor Laws can call for his
retirement pension.
Chapter Eight
Punitive
Cases
Article 65
Regulations stated in Parts (1, 2 and 3),
Article 88 of the Labor Laws shall be applied to
the officer observing the
rules of Article (89 to 93) of the mentioned law.
Article 66
(1)
The officer in the following cases, by advice for the first time, by warning for
the
second time, and by reduction in allowance up until five days for the
third time, shall
undergo punitive acts.
1- Violation of religious rules
and accusations of corruption.
2- Lack of commitment to duty.
3-
Inappropriate attitude towards clients.
4- Lack of precision in the execution
of legal orders and assigned duties.
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5-
Violation of internal rules, regulations, and bills of the Office.
6- Delay
in the performance of legal duties and orders.
7- Lack of precision in
safeguarding and cleaning the office and work equipment.
8- Lack of observing
work discipline.
9- Bringing excuses in order not to perform the duty.
(2)
Advice and warning are respectively within the jurisdiction of the officials of
rank
(b) evaluating the certificates (forms) of promotion competence and
reduction of income
grants to first grade.
Chapter
Nine
Miscellaneous Rules
Article 67
(1) The rank of
officers of public, mixed and private companies who are recently
accepted as
the public officer, shall be determined with regard to their
background
knowledge as follow:
1- If the annual income of the officer of
public, mixed, or private company in any
specific rank equals the annual
income of the officer of the government in that
specific rank, such complete
years shall be considered in the work record of
the officer of public, mixed,
or private company.
2- If the annual income of the officer of public, mixed,
or private company in a
similar rank is more than the income of the officer
of the government, the rank
of the officer of public, mixed or private
company shall become equal
according to the following formula: Annual income
of the officer of public,
mixed, or private company based on his rank divided
by the annual income of
the officer of public, mixed, or private company
based on his rank multiplied
by the years of service equals to the years of
service executable in the public
Office.
(2) The rank determined on the
basis of the rules of these Laws shall be valid upon
the approval of the
competent authority.
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Article
68
Determination of retirement share, payment of retirement pension, and
other aids stated
in the Labor Laws shall be regulated by legislative
documents.
Article 69
(1) Officials who are retired from the armed
forces and are qualified for public
employment can be assigned as civil
officers in a public Office if they are not in their
age of obligatory
retirement or upon court ruling have not violated the right
of
employment.
(2) The retirement pension of the official who is assigned
as an officer shall be
discontinued and his military work period shall be
included in his next employment and
thus his rank shall be determined.
(3)
In case the retired official receives his retirement pension all at once and
is
completely disconnected, the rank of the mentioned employment shall be
determined
based on his education.
Article 70
(1) A new officer
shall be subject to the work record (daftar-savaneh) of public
officer
and specific table of primary records, attached to these Laws.
(2) In case of
any differences between the age stated in the work record (daftar
–
savaneh) of the officer and his identification
certificate, the age stated in his work
record shall be valid.
Article
71
Execution of the promotion, retirement and determination of incomes of
banking
institutions officer shall be performed in accordance with relevant
legislative document.
Article 72
These Laws shall be enforceable
upon the date of signing and shall be published in the
official newspaper.
Upon its enforcement, the Laws of the Officers (Officials)
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published in the official newspaper no (666) dated (1st
of Jozay, 1367) including all its
modifications, and other rules contrary to
these laws shall be considered annulled
(abolished).
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