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Jordan Journal of Applied Science-Humanities Series

DOI

https://doi.org/10.35192/jjoas-h.v29i2.8

Abstract

This study examines the legal framework for abolishing public offices through a comparative approach by discussing the concept of civil service abolition, outlining the conditions for such an action, clarifying the implications of job cancellation, and addressing the administrative judiciary’s stance on decisions related to employee dismissal due to job abolition. The findings indicate that administrative authorities must organize public utilities, which may include laying off employees when a department or unit is abolished. Administrative demobilization is a legal license granted to the government, terminating the employment relationship outside disciplinary procedures. When exercised to serve the public interest, such decisions are considered legitimate. The study also identifies conditions necessary for the legitimacy of job abolition decisions: the job cancellation must be genuine; its purpose should be to reorganize the public facility; the cancellation should not be intended as disciplinary dismissal; transferring the employee to another position must be impossible before cancellation; and the decision to cancel must precede the employee’s termination decision. The end of employment due to job cancellation does not sever the legal relationship entirely; instead, it entails several effects: the employee is entitled to financial rights, the possibility of transfer to another job, or referral to retirement or deposit, as well as termination of service and administrative demobilization. Finally, the study recommends establishing a comprehensive legal framework that consolidates all reasons and implications of employee termination into a single law, facilitating understanding and regulation of public employment matters. It emphasizes amending the legal texts to ensure that employees’ rights are protected, especially through penal provisions that prevent administrative abuse and promote justice between management and employees. Furthermore, it advocates for empowering the Jordanian administrative judiciary to exercise authority similar to that of the French legal system, protecting employees’ right to re-employment after dismissal. Lastly, the study highlights that protecting job stability and security for public employees in Jordanian legislation aligns closely with French law and Egyptian legislation.

Abstract

This study examines the legal framework for abolishing public offices through a comparative approach by discussing the concept of civil service abolition, outlining the conditions for such an action, clarifying the implications of job cancellation, and addressing the administrative judiciary’s stance on decisions related to employee dismissal due to job abolition. The findings indicate that administrative authorities must organize public utilities, which may include laying off employees when a department or unit is abolished. Administrative demobilization is a legal license granted to the government, terminating the employment relationship outside disciplinary procedures. When exercised to serve the public interest, such decisions are considered legitimate. The study also identifies conditions necessary for the legitimacy of job abolition decisions: the job cancellation must be genuine; its purpose should be to reorganize the public facility; the cancellation should not be intended as disciplinary dismissal; transferring the employee to another position must be impossible before cancellation; and the decision to cancel must precede the employee’s termination decision. The end of employment due to job cancellation does not sever the legal relationship entirely; instead, it entails several effects: the employee is entitled to financial rights, the possibility of transfer to another job, or referral to retirement or deposit, as well as termination of service and administrative demobilization. Finally, the study recommends establishing a comprehensive legal framework that consolidates all reasons and implications of employee termination into a single law, facilitating understanding and regulation of public employment matters. It emphasizes amending the legal texts to ensure that employees’ rights are protected, especially through penal provisions that prevent administrative abuse and promote justice between management and employees. Furthermore, it advocates for empowering the Jordanian administrative judiciary to exercise authority similar to that of the French legal system, protecting employees’ right to re-employment after dismissal. Lastly, the study highlights that protecting job stability and security for public employees in Jordanian legislation aligns closely with French law and Egyptian legislation.

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© 2025 by the author(s). This is an open-access article distributed under the terms of the CC BY 4.0 Attribution license.