“Full salary without working hours”: Parliamentary amendment sparks controversy over employee leave
The agreement by the parliamentary legal committee to raise the nominal salary of an employee during long-term leave from 50% to 100% has sparked widespread controversy regarding the financial and administrative implications of the proposal, while its supporters believe it gives the employee greater flexibility. Dailynews reports
Meanwhile, experts are raising questions about the cost of paying a salary to an employee who does not perform actual service, the fate of the job grade, and the calculation of the leave period for service and retirement purposes.
Member of Parliament’s Legal Committee, Muhammad Jassim al-Khafaji, told Shafaq News Agency that “the Legal Committee agreed to amend the percentage of the nominal salary within the proposed long-term leave law from 50% to 100%, so that the nominal salary is complete.”
He explained that “the proposal should not be reduced to the issue of salary only, as there are details relating to the duration of leave, working outside the government job, job and retirement rights, as well as the implications for the government owner.”
Al-Khafaji added that “the aim of the proposal is to give the employee an opportunity to benefit from his experience and abilities during the leave period, while maintaining his job position in accordance with the regulations that will be determined by law.”
He indicated that the proposal will be subject to discussion during the upcoming legislative stages, explaining that the final details will be linked to the text that the House of Representatives will approve after completing its legal stages.
Legal perspective
For his part, legal expert Haider Anis Al-Rubaie told Shafaq News Agency that “raising the nominal salary from 50% to 100% clearly changes the financial equation of the proposal, because the state will have a full financial obligation towards the employee during a period in which he does not perform actual service.”
According to Al-Rubaie, “The employee’s right to leave can be regulated legislatively, but this right is not absolute; rather, it must be consistent with the public interest, the continued operation of government facilities, and the protection of public funds.”
He explained that “the legislator is required to conduct a thorough financial study before enacting the law, to determine the number of employees expected to benefit from the leave, the duration of the leave, the amount of money that the treasury will bear, as well as the future effects on the pension system.”
Al-Rubaie pointed out that “the problem is not only related to the salary, but also to the job grade. If the grade remains reserved for many years, this may limit the state’s ability to invest it in supporting institutions that suffer from a shortage of staff.”
He continued, saying that “public service is not just a financial position, but a responsibility related to providing a service to citizens, and therefore any legislation should achieve a balance between the employee’s right and the public interest.”
An opportunity for change, but with conditions.
On the other hand, a number of employees view the proposal as an opportunity to take advantage of vacation years in different personal or professional circumstances.
Government employee Ali Hamed told Shafaq News Agency that “granting employees a full nominal salary during leave could be a good step for those who have special circumstances or wish to pursue a professional experience outside the government sector.” Dailynews reports
According to the employee, what is more important than the salary percentage is the clarity of the law, especially regarding the right to return to the job, job grade, promotion, and the calculation of the leave period.
Hamed explained that “employees need to know whether the leave will be available to all employees under the same conditions, or whether it will be subject to special approvals and procedures according to the needs of the department and the job structure.”
For her part, employee Sundus Jalil told Shafaq News Agency that “raising the nominal salary to 100% will make the proposal more attractive to employees, but at the same time it needs precise controls so that the leave does not turn into an open situation without a clear definition of rights and duties.”
She pointed out that “the employee wants guarantees regarding his job future, especially if the leave continues for years, as well as knowing the mechanism for returning to the job and whether the grade, promotion and retirement rights will remain preserved.”
Inflation and equal opportunities
The proposal comes amid an ongoing debate about the size of the government apparatus, with supporters arguing that giving employees the opportunity to work in the private sector could alleviate pressure on some institutions suffering from a surplus of employees, and allow the private sector to benefit from their expertise.
On the other hand, experts believe that the success of the idea depends on how job grades are managed during the vacation, especially if the vacation period is long and there is no actual need for the employee to return to his department during that period.
The legal expert believes that “protecting an employee’s job position should not be a reason to disrupt the opportunities of others, and therefore there should be clear controls regarding job grade during the leave period.”
Al-Rubaie believes that long-term leave can be part of a broader administrative reform, but it should not be a substitute for restructuring the government apparatus.
He concluded by pointing out that “good legislation is that which specifies the cases in which leave may be granted, its duration, its financial and retirement implications, the mechanism for returning to work, as well as preventing conflicts of interest and exploitation of the job position.”
Full salary… the turning point
It appears that amending the salary percentage from 50% to 100% will be one of the most prominent points of contention during the discussion of the law, after the proposal in its previous form granted the employee half of his nominal salary.
On the one hand, a full salary can give the employee greater financial security during the vacation period, and on the other hand, it increases the financial obligation on the state, making the number of beneficiaries, vacation durations, and the mechanism for calculating service crucial factors in determining the final cost.
Furthermore, the continued payment of salaries, if the text is approved in this form, requires the competent authorities to identify sources of funding and not burden the general budget with uncalculated financial obligations.
While supporters of the proposal see it as giving employees a new option and allowing them to gain professional experience outside of government employment, its critics warn that it could become a means of freezing job grades and continuing public spending without actual service.
Ultimately, the challenge for the legislator will be to reach a formula that achieves a balance between the employee’s right, the state’s need to reform its workforce, equal opportunities, the continuity of public facilities, and the protection of public funds.
A full nominal salary may make leave more attractive to employees, but at the same time it makes the legislator’s responsibility greater in setting precise controls that prevent long-term leave from turning into a frozen job and a continuous salary, and ensure that legislation is a tool for administrative reform and not a new burden on the public treasury.
Shafaq.com