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By virtue of what was approved by parliament in accordance with the provisions of the article (61) and the provisions of the paragraph (A) of (V) of the article (138) of the constitution.

The presidential council held on 11/8/2009 resolved the following act:


No. 14 of 2009
Amendment of the civil service act
No. 24 of 1960 (amended)

Article (I): Repeals the article (50) of the civil service act, no. (24) of 1960 amended and replaced by the following:

Article (50)

First:

  1. The competent minister or head of the nonrelated ministry body can grant the employee who holds a university or higher degree and who has completed (2) two years in job following the last degree, a study leave outside Iraq with all the remuneration of salary to get a higher degree within the duration required by study and learning a foreign language according to the terms approved for scholars.
  2. Study leave provided for in paragraph (A) of (I) article may be extended for (1) year.
  3. Study leave provided for in paragraphs (A) and (B) of (I) may be extended for a period not exceeding (6) months, if necessary according to a confirmation about the need for this extension.
  4. Study leave employee is treated in the same way as the scholar regarding payment through loans in the event of failure and that period is considered a regular leave without pay.
  5. Study leave employee who wants to get a degree from outside Iraq should submit a real estate warranty or a guarantor warranty equals to all the salaries and other allowances that he would receive as well as all the expenditures, grants and aids that would be spent during the period of study leave and the language course even when extending the study leave.


Second: The competent minister or head of nonrelated ministry body may grant a study leave inside Iraq for the employee who has completed (2) years of actual service after the last degree he had, with the remuneration of fixed salary and allowance for the purpose of obtaining:

  1. A higher degree for those who have a university degree for the duration assigned for study and may be extended for not more than (1) year if necessary.
  2. A diploma degree after the secondary school for (2) years.
  3. A university degree (BA) after high school for (4) years.


Third: It is required in case of the study leave that the subject of the study of the employee is related with his specialization and in the light of the need of the ministry or the body nonrelated with ministry.


Fourth:

  1. The duration of the study leave granted to the employee is considered an actual service for the purposes of bonuses, promotion and retirement in case of obtaining the degree contracted upon.
  2. The duration of the study leave is not calculated for the purposes of allowances and promotion if he failed for any reason other than illness that may inhibits study or success, to be supported by a medical report certified by the official competent medical committee or as a result of compelling circumstances that prevent him from further study.
  3. If the employee obtained a degree less than the study contracted upon, the duration in excess of the minimum is not calculated for the purposes of allowances or promotion for obtaining a degree.
  4. The employee failed in study is not afforded the educational expenses incurred during his study including the salaries he received and the wages with the exception of failure due to illness, to be supported by a medical report certified by the competent official medical committee or due to compelling circumstances that prevent him from further study.

Fifth: Study leave employee who obtains a degree outside or inside Iraq within the legal period study defined in the contract without an extension enjoy the following privileges he deserves in accordance with legislation in force:

  1. The remaining period of the study defined in the contract is calculated onward for the purposes of allowances, promotion, and retirement when completion of the study before the end of the period.
  2. Extension of the educational study leave provided for in article (A) of first for obtaining a higher degree, excellence or very good at least .


Sixth: An employee granted a study leave for obtaining a very good degree at least in M.A inside Iraq within the study period contracted upon, is allowed to complete Ph.D degree or equal inside or outside Iraq.


Seventh: Terms of study leaves and the pledge that the employee committed to for obtaining a degree inside or outside Iraq are defined according to the instructions issued by the minister of higher education and scientific research in coordination with the minister of finance.


Eighth: At the beginning of every year, each ministry or the body not associated with ministry may submit a report on their need of study seats to the ministry of planning and development cooperation and the mentioned ministry, in coordination with the ministry of higher education and scientific research may prepare a central plan showing the seats allocated to ministries and organizations not associated with ministry according to the state need for scientific and professional specializations provided that the concerned ministries and authorities would be informed no later than the end of March of the same year.


Article (2): Any text contrary to the provisions of this law is not worked with.


Article (3): Resolution of the revolution command council (dissolved), no. (930) of 1980 is repealed.


Article (4): Minister of higher education and scientific research in coordination with the council of ministers may issue instructions to facilitate the implementation of the provisions of this law.


Article (5): This act takes effect from the date of its publication in the official gazette.


Tariq al-Hashemi, Adel Abdul Mahdi, Jalal Talabani

Vice president of the republic, Vice president of the republic, President


Binding reasons:

To raise the scientific level of employees in government departments and to facilitate their access to higher degree inside or outside Iraq and for the purpose of authorizing the component minister or head of the body not associated with ministry to grant study leaves inside and outside Iraq according to a public policy that shows the state need in general and the ministries or entities not associated with ministry in particular for scientific and professional specializations, this act has been enacted.



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