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| Military service |
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| Rights of the recruit
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Law number 665 issued in 4 February 2005
Clause number 1
Contrary to any other stipulation, the military service provided for in the decree law number 102 issued in 16/9/1983 is to be conclusively invalidated in two years after the publication of this law in the official newspaper. ( Law number 665 issued in 4 February 2005 )
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The legal articles which preserve the rights of the recruit
Article 116
during the duty the draftee can participate to contests or
exams which is applied by public administration and
institutions, independent professions, municipalities or private
institutions.
Article 117
- The salary or wage, of the employee or the wage earner who was called for the military service, is suspended as soon as he terminates his job.
- the employee or the wage earner unavoidably returns to the job in which he was assigned, as soon as he is demobilized, before executing the military service on the condition that the period that he spent in the military service, to gradually advance in oldness and salary, is reckoned. And if the employer lingers from reinstalling him in his work or handing him his job, his salary becomes payable starting from the date of his demobilization
his case is to be settled definitely according to the regulations of article 126 of this decree law.
- Draftee can be transferred, on his own demand, at
the end of their service to the official service as a volunteer
with the same rank, after the acceptance of the army command,
depending on its needs, if he fulfill the conditions that apply
on the regular volunteers, but with more priority. In this case
the service duration will be counted.
the transition of the commissioned and non-commissioned officers (officer – adjutant – sergeant) to the active service remains subject to the conditions stipulated in the articles 30 – 32 – 35 of the national defense law.
Article 118
The recruit who does not wish to return to his previous job should inform his military superiors of his decision before 45 days at least from the date of his demobilization in order to inform the employer about this decision in a time limit that is no less than 30 days before the date of demobilization.
Article 119
the demobilized recruit who does not join his previous job during fifteen days starting the date of his demobilization is considered resigned if there are no force majeure which will be considered by:
- the civil service council if he is an employee or a wage earner or a contractor in all the departments and institutions of the public sector.
- The military courts if he is an employee in the private sector.
The rights of the demobilized who is considered resigned from his previous job are dissolved according to the laws and regulations in effect.
Article 120
If any draftee has an accident or injury during his service, the decree law that is applied on the soldier of the same rank in the official service and with equal salary.
Article 121
If the work manager refused to return the
draftee to his ex-work, then he (draftee) must get bonus on his
rights that is attendant by the valid rules, except the amend
that specified in section (A) from article (50) amended from
the worklaw. He gets special amend , not less than a salary of
one year, based on the salary that he got before the calling for
the military service, and this as failure and damages, if he was
physically able to work.
If the draftee was working in the public sector
before his military service and after finishing he gets back to
his work according to the regulation of the clause 2 of the article 117 of this decree law, and the year that is spent in the army will be
considered as a part of his work.
Article 126
The military courts examines the litigations arising from the application of the regulations of the articles 117 and 121 of this decree law concerning the recruited who used to work in the private sector.
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