Ali Zuweid's Political Programme
Proposed legislation · State, Constitution, Justice, Rights and Governance
Federal Civil Service and Public Employment Bill
A unified, modern framework for managing federal public employment, based on merit, impartiality and equal opportunity, linking recruitment, classification, performance, development and discipline to the state's actual needs.
Executive Summary
Iraqi public employment is currently governed by accumulated layers: Civil Service Law No. (24) of 1960, as amended; State and Public Sector Employees Discipline Law No. (14) of 1991, as amended; State and Public Sector Employees Salaries Law No. (22) of 2008, as amended; special service laws; and separate decisions and instructions. These layers make employee and job management less coherent and impede transition to skills-, outcomes- and data-based human resources management.
The Bill proposes a comprehensive federal law placing the “job”, rather than merely the “grade”, at the centre. Every job is linked to a description, competencies, funding source and identifier. Auditable open competition becomes the default for appointment; partisan allocation of professional posts is prohibited. Performance, promotion, mobility, development and hybrid work are regulated, and discipline is rebuilt around legality, proportionality, defence rights and appeal.
The Bill does not presume salary scales can be changed administratively. It retains the applicable salaries law during transition and requires separate legislative alignment based on job evaluation and fiscal impact. It preserves the Federal Public Service Council's constitutional role under Article (107) and prevents the new Law from becoming a pretext for parallel structures or retrospective interference with constitutional independence or acquired employment rights.
First — Constitutional and Legal Context
1. Constitutional Basis
The Bill rests on equality before the law, equal opportunity, the right to work, constitutional limits on public administration, and Article (107), establishing the Federal Public Service Council to regulate federal public employment, including appointments and promotion. It also observes Article (100), prohibiting immunity of administrative acts or decisions from challenge.
2. Applicable Legislation Underlying the Current System
| Legislation | Main Function | Response in the Bill |
|---|---|---|
| Civil Service Law 24 of 1960, as amended | Appointment, service, leave and aspects of employment status | Phased repeal and replacement with modern rules |
| State and Public Sector Employees Discipline Law 14 of 1991, as amended | Duties, prohibitions, investigations and penalties | Integrate the core disciplinary system after updating safeguards |
| State and Public Sector Employees Salaries Law 22 of 2008, as amended | Grades, salaries, increments and allowances | Remain effective during transition, with separate legislative alignment |
| Federal Public Service Council Law 4 of 2009 | Organisation and powers of the independent Council | Remain the institutional reference, coordinating recruitment provisions with it |
| Unified Retirement Law 9 of 2014, as amended | Pension entitlements | Remain effective, with improved digital integration |
3. Status of the Previous Federal Civil Service Bill
The Council of Representatives completed a first reading of a Federal Civil Service Bill on 6 November 2022, following earlier legislative processes dating to the fourth parliamentary term. In the minutes of the 28 February 2024 session, it was stated that the Government had subsequently withdrawn the bill previously given a first reading, while calls for resubmission continued. This document is therefore treated as new legislation requiring a complete government referral, rather than a formal amendment to an old draft.
Second — Legislative Gap
The problem is not simply one old law, but fragmentation of the employee lifecycle among several enactments, confusion of grade with job, weak links among staffing, job descriptions, performance and budgets, numerous special rules, uneven recruitment and appraisal procedures, and continued reliance on paper files or databases unable to communicate. This obstructs genuine workforce planning, identification of surpluses and shortages, and assessment of jobs' relative value.
Reform must also extend beyond central recruitment. The Federal Public Service Council now plays an actual appointment role; government appointments published during 2025 relied on its decisions and provisions of Law 24 of 1960. What is needed is one legal chain: planning, approving and advertising a job; selecting, developing, appraising, promoting and holding its occupant accountable; then ending service, with an auditable digital record at every stage.
Third — Proposed Legislative Policy
- Replace the 1960 Civil Service Law with modern legislation and integrate discipline rather than retain a separate disciplinary law.
- Retain the salaries law temporarily to avoid extensive fiscal change without approved schedules and costings, requiring an alignment bill within one year.
- Preserve Federal Public Service Council independence and link the federal recruitment platform and register to its constitutional powers.
- Make job descriptions, competencies and job evaluation the basis for recruitment, promotion and mobility rather than qualifications and seniority alone.
- Limit acting appointments and open-ended assignments, subjecting professional leadership to competition and performance assessment.
- Bring hybrid work, performance management, electronic personnel files and unified job identifiers within the Law, with privacy and human-review safeguards.
Fourth — Text of the Bill
Federal Civil Service and Public Employment Bill No. ( ) of ( )
In the name of the people — Presidency of the Republic. Pursuant to enactment by the Council of Representatives and ratification by the President, and under paragraph (First) of Article (61) and paragraph (Third) of Article (73) of the Constitution, the following Law is promulgated:
Chapter One — General Provisions and Governing Principles
Article (1) — Definitions
For this Law, the following terms mean: Council: the Federal Public Service Council. Public body: a ministry, entity not attached to a ministry, authority, agency or federal institution covered by this Law. Employee: a person holding a public civilian job under a lawful appointment decision and paid from public funds. Job: the duties, responsibilities and powers specified in an approved job description. Staffing establishment: all jobs approved by law or the budget. Competence: the qualifications, skills, behaviours and ability to meet a job's requirements.
Article (2) — Objectives of the Law
This Law aims to build a professional, impartial, merit-based federal civil service; unify appointment and career-management principles; connect jobs to actual state needs and approved descriptions; protect equal opportunity; strengthen integrity, accountability and productivity; and establish modern human resources management enabling digital transition, workforce planning and leadership development.
Article (3) — Scope
This Law applies to civilian employees of federal authorities, ministries, entities and independent bodies insofar as consistent with constitutional provisions and special service laws. The armed forces, security forces, judges and persons expressly governed by a special service system are excluded. General equality, merit, integrity and transparency principles shall apply where no conflict exists.
Article (4) — Fundamental Principles
Public service rests on legality, political impartiality, equality, merit, competence, integrity, equal opportunity, service to citizens, proper use of public funds, and reviewability and accountability of administrative decisions. Employment provisions shall be interpreted to prevent discrimination and favouritism and ensure proportionate job requirements and employee restrictions.
Article (5) — Equal Recruitment Opportunity
Every Iraqi meeting a job's requirements has an equal right to compete without unlawful discrimination based on sex, nationality, origin, colour, religion, sect, opinion, social status, disability or any other factor unrelated objectively to work requirements. Specific, proportionate statutory positive measures addressing underrepresentation or access remain permitted.
Article (6) — Political Impartiality
Party membership or political loyalty may not be required for professional posts. Appointment, transfer, promotion or punishment shall not reward or penalise political positions. Employees may exercise civil and political rights outside work within statutory limits protecting impartiality, confidentiality and state resources.
Article (7) — Protection against Quota Allocation
Professional posts may not be distributed through partisan or sectional quotas or arrangements unrelated to published merit criteria. Political or constitutional offices governed by the Constitution or special law follow their own rules; their political character shall not extend to lower professional ranks.
Article (8) — Competency-Based Management
Each body shall adopt a competency framework linking jobs to required knowledge, skills and behaviours for advertising, testing, appraisal, development and promotion. Criteria shall be proportionate; unnecessarily high qualifications may not be used to restrict access or exclude applicants.
Article (9) — Digital Human Resources Management
The state shall establish interconnected federal human resources, job and staffing records with standardised, auditable core employment data exchangeable among competent bodies. Personal data protection and cybersecurity shall be respected. Automated final recruitment or promotion decisions without genuine human review and access to challenge are prohibited.
Article (10) — Relations with Special Laws
Special service laws apply to matters expressly regulated by them. This Law fills gaps without diminishing constitutional bodies' independence. Special laws shall be periodically reviewed to prevent unjustified privileges and align general public employment principles.
Chapter Two — Federal Public Service Council and Public Employment Governance
Article (11) — Council Status
The Federal Public Service Council shall exercise its powers as an independent body under Article (107) of the Constitution and its law, regulating federal public service within statutory limits and protecting professional recruitment decisions from partisan and unlawful executive interference.
Article (12) — Recruitment Powers
The Council shall establish uniform recruitment rules, oversee advertising, examinations and comparative selection criteria, manage the federal recruitment platform, and audit appointments within its remit. It may delegate specified implementing procedures while retaining oversight and audit.
Article (13) — Policy Powers
The Council shall propose general civil service policy, job-classification and professional-competency standards and workforce planning. Its opinion shall be a mandatory procedural requirement for draft regulations and instructions affecting recruitment, staffing and careers.
Article (14) — Council Independence
No authority may direct the Council on competition results, candidate rankings or individual professional decisions. Its decisions remain subject to judicial, financial and integrity oversight under law. It shall report annually to the Council of Representatives and publish a public version.
Article (15) — Public Service Institute
The Council shall organise the Public Service Institute as a training, development and applied public-administration research arm. It may accredit programmes of public bodies, universities and training centres under published criteria and shall not monopolise training where others can provide it more efficiently and to higher quality.
Article (16) — Human Resources Coordination Council
The Council of Ministers shall establish a technical human resources coordination council chaired by its representative and including the Council, Ministries of Finance and Planning and relevant bodies. It shall coordinate staffing, budgets, data and digital transition without interfering in the Council's independent recruitment powers.
Article (17) — Human Resources Units
Every body shall establish a professional human resources unit reporting administratively to its head and applying federal standards. Wherever possible, the requester of a vacancy, competition administrator and result approver shall be separate to prevent conflicts of interest.
Article (18) — Human Resources Officers
Human resources officers shall have suitable qualifications and experience, with posts placed in a specialist career track. They shall not implement unlawful oral directions or alter comparative selection results and shall record professional objections in an official register.
Article (19) — Federal Job Register
In coordination with the Ministry of Finance, the Council shall establish a federal register containing each job's unified identifier, description, grade, body, location, status and funding source. Permanent jobs may not be created or filled outside it except under legislation or an approved transitional procedure.
Article (20) — National Public Service Report
The Council shall annually report civil service size, vacancies, appointments, promotions, geographical and gender distribution, appeals, and performance and training indicators, publishing aggregate data that do not reveal protected personal information.
Chapter Three — Workforce Planning, Staffing and Job Descriptions
Article (21) — Workforce Plan
Each body shall prepare a medium-term workforce plan linked to duties and budget programmes, identifying critical jobs, surpluses, shortages, succession needs and future skills. An appropriation alone shall not justify recruitment without demonstrated organisational need.
Article (22) — Staffing Approval
Permanent staffing may be created only under budget law and applicable financial rules after verifying need, job description and financing. Discrepancies among staffing, payroll and job identifiers shall be resolved before advertising a vacancy.
Article (23) — Job Description
Every job shall have an approved description stating purpose, duties, responsibility, reporting line, qualifications, competencies, environment, risks and performance indicators, reviewed when work changes. Requirements shall not change during competition unless the advertisement is withdrawn and fairly reissued.
Article (24) — Job Classification
Jobs shall be grouped into coherent occupational families and career tracks. Classification shall reflect work, responsibility, complexity and impact, not department name or incumbent status. A higher title shall not be granted merely to increase pay without a genuine rise in job level.
Article (25) — Job Evaluation
The Council and Ministry of Finance shall develop a method for evaluating jobs' relative value to ensure internal equity and connect them with grades. It shall be introduced progressively, with reassessment following material responsibility changes.
Article (26) — Critical Jobs
Specified jobs may be designated critical because of scarce skills or their effect on state continuity. Objective attraction and retention incentives may be established under law and budget, with published, periodically reviewed classification criteria and no permanent allowance disconnected from need.
Article (27) — Managing Surplus Staff
Where a staffing surplus arises, the body shall first redistribute duties, train staff and arrange voluntary or directed transfer to suitable vacancies before lawful termination options. Acquired rights shall be protected under transition rules.
Article (28) — Replacement and Succession
Bodies shall identify leadership and technical jobs exposed to knowledge loss through retirement or transfer and plan succession, training and knowledge transfer without guaranteeing promotion to a particular individual. Merit-based competition remains required.
Article (29) — Temporary and Contract Work
Temporary contracts shall not fill permanent needs to evade appointment rules. Contracts shall specify duration, purpose, pay and rights, and shall not automatically become permanent employment except under law with fair competition or a statutory transitional settlement.
Article (30) — Experts
Experts may be contracted for defined tasks not warranting permanent posts, subject to advertisement or a justified exception. Deliverables, duration, remuneration, conflicts and confidentiality shall be specified. Experts shall not receive sovereign or hierarchical powers not legally permitted.
Chapter Four — Recruitment, Selection and Appointment
Article (31) — Default Recruitment Method
Vacancies shall ordinarily be filled through open, merit-based competition. Exceptions require express legislation or a defined temporary necessity. Reasons shall be documented and auditable.
Article (32) — Vacancy Advertisement
The federal platform advertisement shall identify the body, title, description, location, grade or pay range, qualifications, competencies, testing method, selection stages, closing date and challenge procedures, allowing reasonable application time.
Article (33) — General Appointment Requirements
Candidates shall meet nationality, age, capacity, qualification and health requirements necessary for the job and have no legal disqualification. Reasonable accommodation for persons with disabilities shall be observed, with no physical-fitness requirement unrelated to the work.
Article (34) — Qualification Verification
Qualifications and documents shall be verified through competent authorities and official platforms before appointment confirmation. Forgery or materially false information shall invalidate the procedure and be referred to competent authorities, while preserving defence rights.
Article (35) — Tests
Tests shall relate to job requirements, be auditable and minimise bias. Written or practical tests, simulations or competency assessments may be used. No single test shall stand alone where the job requires multidimensional assessment.
Article (36) — Interviews
Structured interviews shall be conducted by a multi-member panel using predetermined questions and criteria, with scores and reasons recorded. Questions about political, religious or family affiliation or other matters unrelated to the job are prohibited.
Article (37) — Selection-Panel Conflicts of Interest
Panel members shall disclose kinship, interests or recent professional relationships with candidates that may affect impartiality and recuse themselves for material conflicts. Recusal shall be minuted and a substitute appointed through the applicable procedure.
Article (38) — Successful Candidates List
Results shall be ranked under published aggregate weightings. Successful candidates' names or application numbers and final scores shall be published with personal-data safeguards. Reserve lists shall remain valid for the advertised period and may fill comparable vacancies under the same conditions.
Article (39) — Appointment and Probation
The competent authority shall issue appointment after verification. First-time appointees shall undergo probation set by regulations, not exceeding one year, with clear objectives, documented appraisal and induction training. Service may not end during probation without professional reasons open to review.
Article (40) — Accessibility for Persons with Disabilities
Application, testing and interview procedures shall provide reasonable accommodation, including physical and digital access, additional time or assistive means when needed, without lowering essential job-competence standards.
Article (41) — Recruitment to Less Attractive Areas
Published, time-limited incentives may attract skills to areas or specialisms with proven shortages. They shall rest on objective need, be periodically reviewed and not become unjustified permanent privileges.
Article (42) — Prohibition of Selling Jobs and Improper Intervention
Requesting or accepting a benefit for appointment, inclusion of a name or alteration of ranking is prohibited. Intervention intended to change competition results is a serious violation referable where appropriate to investigative and judicial bodies, without affecting good-faith candidates' rights.
Chapter Five — Employment Rights, Pay and Working Environment
Article (43) — Right to Pay
Employees are entitled to statutory pay and allowances from actual commencement. Pay may be reduced or deducted only under law through a reviewable decision. Pay systems shall observe equal pay for work of equal value.
Article (44) — Transitional Grades and Salaries
Existing grade, salary and allowance schedules under State and Public Sector Employees Salaries Law No. (22) of 2008, as amended, remain applicable until legislatively aligned with this Law's classification system. This Law alone neither raises nor reduces salaries.
Article (45) — Increments and Grade Advancement
Increment and advancement entitlements shall follow law and the grade system. Advancement shall depend on a higher job, organisational need, service conditions and performance. Passage of time alone does not entitle an employee to a higher job without meeting its requirements.
Article (46) — Working Hours
Working hours, rest and holidays shall be set by general organisational decisions within law. Flexible or hybrid arrangements may apply to suitable jobs without harming public services, security or confidentiality. Performance shall be measured by outcomes wherever possible, not formal attendance alone.
Article (47) — Leave
Employees are entitled to annual, sick, maternity, paternity, care, study and other leave under this Law and its regulations. Accumulation and carry-over shall be regulated to prevent service disruption or unjustified loss of entitlement.
Article (48) — Occupational Health and Safety
The body shall provide a safe workplace, assess occupational risks, and prevent and respond to accidents and occupational illness, considering pregnant employees, persons with disabilities and specially hazardous work under applicable health and labour legislation.
Article (49) — Protection against Harassment and Violence
Sexual or psychological harassment, bullying, violence and retaliation in or arising from the workplace are prohibited. The body shall provide confidential complaints channels, impartial investigation and interim protection without prejudice to courts or investigative authorities.
Article (50) — Workplace Privacy
Electronic monitoring or employee-data collection requires a lawful, specific, proportionate and disclosed purpose and shall be confined to what is necessary for work security, performance or legal compliance. Private correspondence or data may not be accessed beyond legal authority.
Article (51) — Freedom of Professional Organisation
Employees' trade union and professional rights shall be exercised under the Constitution, law and applicable international conventions, subject to necessary and proportionate statutory restrictions for sovereign or essential services.
Article (52) — Challenging Employment Decisions
Employees have the right to reasons for decisions affecting their employment status, administrative review within reasonable periods, and subsequent appeal to the Employees' Court or competent judiciary under law. Administrative decisions shall not be shielded from challenge contrary to the Constitution.
Chapter Six — Performance, Development, Promotion and Careers
Article (53) — Performance Management
Bodies shall apply an annual performance system beginning with measurable objectives and behavioural competencies, including periodic review, supervisor–employee dialogue and a development plan. Appraisal shall not rest on mere impressions or personal loyalty.
Article (54) — Appraisal Criteria
Criteria shall derive from job descriptions and operational plans, allowing for circumstances outside the employee's control. Weightings shall be clear, and employees shall be able to inspect and comment before results are approved.
Article (55) — Second Review
Very high or low appraisals shall undergo second review or calibration within the unit to reduce inconsistent standards and bias. Employees may challenge factual errors, bias or procedural violations.
Article (56) — Unsatisfactory Performance
Below-standard performance shall trigger an improvement programme with defined objectives, duration, support and training. Penalty or termination for poor performance shall follow a reasonable improvement opportunity, except for irremediable fundamental incapacity or separate disciplinary misconduct.
Article (57) — Continuing Professional Development
Training needs shall reflect competency gaps rather than formal allocation of courses. Some jobs may require minimum professional development. Valuable training opportunities shall be publicised to ensure equality.
Article (58) — Scholarships and Study Leave
Study leave and scholarships shall follow a published needs plan and fair competition, specifying return-to-service commitments or lawful cost recovery upon breach. They shall not be withheld for partisan or personal reasons.
Article (59) — Career Tracks
Career tracks shall permit technical and specialist advancement without forcing competent employees into management to obtain higher grades. Each track shall define expertise and responsibility levels and movement requirements.
Article (60) — Competitive Promotion
Higher jobs shall be filled through internal or open competition according to the office, comparing competence, performance, experience and leadership ability rather than seniority alone. Seniority may break a close comparison.
Article (61) — Temporary Assignment
An employee may temporarily perform higher-job duties during a vacancy or necessity without acquiring permanent entitlement. Duration, allowances and powers shall be clear, and the job advertised if the vacancy exceeds the prescribed period.
Article (62) — Leadership Programmes
The state shall establish middle- and senior-leadership development programmes covering strategy, ethics, public finance, digitalisation and crisis management. Access shall follow competitive criteria; completion does not guarantee leadership appointment.
Chapter Seven — Transfers, Secondments, External Secondments and Mobility
Article (63) — Transfer
Employees may be transferred to comparable or suitable jobs for service needs or at their request. A material change of location or responsibilities requires a reasoned decision. Transfer shall not be disguised punishment.
Article (64) — Inter-Agency Transfer
Transfers among federal bodies shall use a unified vacancy register, with grades and appropriations transferred or reconciled under financial rules. Mobility that spreads expertise and prevents institutional insularity shall be encouraged.
Article (65) — Temporary Secondment
An employee may be temporarily seconded to another body for a defined task or need, specifying duration, payer and performance manager. The substantive employment position remains unless law provides otherwise.
Article (66) — External Secondment
An employee may be seconded to a public body, international organisation or another legally permitted entity where public benefit and experience acquisition are established. Pay, pension, return, conflicts and confidentiality shall be agreed beforehand.
Article (67) — Temporary Missions
Employees may undertake temporary missions inside or outside Iraq when needed, with expenses governed by uniform, transparent rules. Official travel shall not become a personal benefit or reward unrelated to a documented mission.
Article (68) — Redeployment
Staff may move from surplus to shortage units after matching skills and providing conversion training when necessary, reasonably considering social and geographical circumstances and preventing discrimination.
Article (69) — Hybrid and Remote Work
Bodies may adopt hybrid or remote work for suitable jobs under rules on security, confidentiality, performance, availability and equipment. It is not an absolute right, but shall not be arbitrarily refused where general policy permits.
Article (70) — Job Sharing and Part-Time Work
Suitable jobs may use part-time or shared arrangements ensuring service continuity and proportional pay and entitlements, particularly to support caregiving and persons with disabilities, under uniform instructions.
Article (71) — Return to the Substantive Job
Upon completion of secondment or assignment, employees shall return to their original job or one equivalent in level and pay unless they agree otherwise or a lawful reorganisation ground exists.
Article (72) — Data Protection during Mobility
Receiving bodies shall apply information-access and confidentiality controls. Previous digital permissions shall end as soon as no longer needed, preventing accumulation of unnecessary access.
Chapter Eight — Duties, Conduct and Conflicts of Interest
Article (73) — Duty to Uphold the Constitution and Law
Employees shall perform duties under the Constitution, law and lawful instructions in the public interest. They need not obey a manifestly unlawful order and shall request written confirmation of a doubtful order through the hierarchy.
Article (74) — Competence and Care
Employees shall work with professional care and within deadlines, protect public funds, property and data, and report serious defects threatening safety, services or public funds through prescribed channels.
Article (75) — Confidentiality
Employees shall preserve classified or legally protected confidentiality after service and not exploit information privately. Confidentiality shall not be expanded to conceal information requiring publication or lawful disclosures of corruption or violations.
Article (76) — Conflicts of Interest
Employees shall disclose direct financial, family or professional interests affecting impartial decisions and recuse themselves for material conflicts. Senior and higher-risk jobs shall have stricter disclosure procedures under integrity law.
Article (77) — Gifts and Hospitality
Gifts, hospitality or services intended, or reasonably perceived, to influence decisions are prohibited. Token courtesies may be accepted under published limits and controls, with registration where needed.
Article (78) — Outside Work
Employees may undertake outside activities compatible with duties, using no state information or resources and creating no conflict of interest, subject to regulatory permission or notice. Regulatory and oversight jobs shall face stricter restrictions.
Article (79) — State Resources
Public vehicles, equipment, funds, time and systems shall serve official purposes, not electoral campaigns, party activity or private business, except limited incidental use permitted by instructions.
Article (80) — Dealings with the Public
Employees shall treat service users respectfully and impartially, providing services in the announced order and time without seeking benefits or intermediaries. Reviewable refusals shall state reasons and challenge procedures.
Article (81) — Reporting Violations
Employees may report corruption, waste or serious danger to competent bodies and receive statutory whistleblower protection. Retaliation for good-faith reporting is prohibited; deliberately malicious reports are not protected.
Article (82) — Code of Conduct
The Council and Commission of Integrity shall issue a model code for adoption or equivalent implementation, translating general rules into practical examples and periodic training without replacing statutory criminal or disciplinary provisions.
Chapter Nine — Discipline and Investigation Safeguards
Article (83) — Legality and Proportionality
Discipline requires a specified employment violation and lawful procedure. Penalties shall reflect gravity, harm, intent, service record and mitigating or aggravating circumstances. No employee shall be disciplined twice for the same act.
Article (84) — Separating Management and Investigation
For serious violations or where the immediate supervisor is involved, investigation shall be handled by a team sufficiently independent of the management line complained of. Professional investigators or an internal integrity unit may assist within their remit.
Article (85) — Employee Notification
Employees shall receive written notice of essential allegations, rights and investigation date, with reasonable time to prepare a defence and inspect evidence not legally protected.
Article (86) — Right of Defence
Employees may submit statements and documents, request relevant witnesses and receive lawyer or representative assistance under law. Investigation shall be minuted; coercion, threats and degrading treatment are prohibited.
Article (87) — Interim Measures
Employees may be suspended or temporarily moved from sensitive positions where needed to protect investigation, funds or safety, under statutory conditions, fixed duration and periodic review. The measure is not advance punishment.
Article (88) — Penalties
Penalties shall range from cautions, admonitions and warnings to financial consequences, demotion, dismissal and permanent removal in statutory cases. Each shall have clear effects and duration. Older terminology and consequences shall be reviewed for proportionality and clarity.
Article (89) — Minor Violations
Minor errors may first be addressed through guidance, training or a non-punitive administrative warning where no corruption, intent or serious harm exists, avoiding an inflated disciplinary system used to instil fear.
Article (90) — Criminal Referral
Suspected crimes revealed in investigation shall be referred to the competent authority. Employment-related discipline may continue insofar as consistent with defence rights and final judicial judgments.
Article (91) — Disciplinary Decision
The decision shall be written and reasoned, specifying facts, evidence, legal provision, penalty and appeal routes. General references to public-interest requirements are insufficient without an examinable legal ground.
Article (92) — Appeal
Employees may seek review and appeal penalties before the Employees' Court or competent judicial body within statutory periods. Appeal does not stay execution unless law or a court determines otherwise.
Article (93) — Expunging Penalty Effects
Regulations shall specify periods for clearing certain penalties' effects after expiry, improved conduct and non-repetition, enabling employment rehabilitation. This shall not erase records required for integrity or judicial purposes in serious cases.
Article (94) — Supervisors' Administrative Responsibility
A supervisor is administratively responsible upon proof of ordering or concealing a violation or grossly neglecting oversight. Responsibility shall not transfer automatically for every subordinate's individual error without proven knowledge or fault.
Chapter Ten — Senior Management and Leadership Posts
Article (95) — Leadership Jobs Defined
An organisational schedule shall identify senior professional leadership jobs that are not political offices, such as directors-general and equivalents and lower senior executive levels under law. Recruitment rules shall distinguish them from constitutional and political offices.
Article (96) — Leadership Competition
Professional leadership jobs shall be advertised and filled competitively through assessment of leadership competencies, professional record and integrity, with published selection criteria. Statutory discretion to select from a qualified shortlist remains preserved.
Article (97) — Leadership Tenure
Certain leadership jobs may have fixed terms renewable after independent performance appraisal. Term expiry shall not end an employee's substantive service where permanently established in state staffing.
Article (98) — Performance Agreements
Professional leaders shall receive annual objectives and qualitative, financial and service indicators, reviewed periodically. Quantitative indicators shall not incentivise unlawful decisions or revenue collection at the expense of rights.
Article (99) — Leadership Rotation
Leaders may rotate among equivalent jobs to transfer expertise and prevent entrenched interest networks, provided rotation does not serve political exclusion or disguised punishment and respects specialist competence.
Article (100) — Acting Appointments
Acting leadership appointments are temporary exceptions within statutory time limits, during which substantive recruitment must begin. They shall not circumvent approval or competition requirements.
Article (101) — Leadership Disclosure and Integrity
Senior leaders shall comply with statutory asset and conflict disclosure. Their stakeholder meetings in high-risk regulatory sectors shall be recorded under transparency rules.
Article (102) — Professional Protection
A professional official or employee shall not be punished for a good-faith technical opinion within their remit, even if contrary to superiors' preferences, unless it involves gross negligence, bad faith or illegality.
Article (103) — Ending a Leadership Assignment
Leadership assignments may end by reasoned decision for performance, reorganisation or loss of a statutory qualification. An employee with a substantive position retains the right to a suitable job and to challenge the decision.
Article (104) — Leadership Succession
Bodies shall plan succession for critical leadership posts by developing several potential candidates rather than one, separating preparation programmes from final appointment to preserve competition.
Chapter Eleven — End of Service, Retirement and Restructuring
Article (105) — Grounds for Ending Service
Service ends through resignation, retirement, statutory age, death, loss of an essential qualification, dismissal, permanent removal or abolition of the job in lawful cases, subject to safeguards, procedures and financial rights.
Article (106) — Resignation
Resignation shall be written and determined within a specified period. It shall not be withheld without cause where no legal responsibility or obligation justifies delay. Duties continue until acceptance or expiry of the statutory period.
Article (107) — Retirement
Pension entitlements remain governed by the Unified Retirement Law and special laws. Bodies shall send service and contribution data electronically sufficiently before retirement to prevent pension delays.
Article (108) — Job Abolition
Where reorganisation abolishes a job, the body shall seek a suitable vacancy or retraining before termination, applying statutory transitional rights. A job may not be fictitiously abolished to remove its occupant and recreated under another name.
Article (109) — Medical Incapacity
Where health prevents performance, accommodation or transfer to suitable work shall be considered before retirement or termination, based on specialist medical opinion and preserving dignity and rights.
Article (110) — Absence from Work
An employee shall not be deemed resigned or dismissed for absence before warning, investigation of the reason and compliance with statutory periods and procedures. Force majeure, detention and documented health circumstances shall be considered.
Article (111) — Service Certificate
At departure, employees shall receive a certificate recording service length, job titles, skills and training, without retaliatory assessments or unnecessary data. It may be issued electronically with digital verification.
Article (112) — Handover of Entrusted Property
Funds, documents, keys and digital permissions shall be handed over upon transfer or termination through a record. All entitlements shall not be withheld for a minor deficiency resolvable by proportionate lawful means.
Article (113) — Re-entry into Service
Former employees may be reappointed upon meeting requirements and competing or where law permits reinstatement. Previous service may count for specified statutory purposes without absolute priority over other candidates.
Article (114) — Post-Service Record Retention
Personnel records shall be retained for archiving-rule periods, with access limited to legal need. Former employees may seek correction of inaccurate data under law.
Chapter Twelve — Data, Transparency, Oversight and Transitional Provisions
Article (115) — Electronic Personnel File
Every employee shall have a unified electronic file containing decisions, service, qualifications, performance, training and entitlements, with precise access permissions. Employees may inspect their data and seek error correction through prescribed procedures.
Article (116) — Unified Employment Identifier
A unique federal employment identifier shall link civil registration, job, body and financing within data-protection limits. After transition, no permanent federal Treasury salary shall be paid for an unregistered job.
Article (117) — Aggregate Data Publication
The Council shall periodically publish aggregate staffing, appointment, vacancy, distribution and pay data in statistical categories enabling public scrutiny without revealing sensitive personal or security information.
Article (118) — Payroll Audit
The Ministry of Finance and oversight bodies shall periodically reconcile staffing, personnel files, payroll and identifiers, using tools to detect duplicates and irregular payments with human review before suspending entitlement.
Article (119) — Parliamentary Oversight
The Council, Ministry of Finance and competent bodies shall report periodically to the Council of Representatives on implementation. Relevant committees may request aggregate data and explanations within constitutional limits and personal-information protections.
Article (120) — Judicial Oversight
Employment decisions remain subject to the competent judiciary. No regulation or instruction may shield an administrative decision from challenge or reduce statutory court jurisdiction.
Article (121) — Transitional Period
Records, job descriptions, classification, identifiers and digital platforms shall be unified in stages not exceeding three years from entry into force. The Council of Ministers and Council shall establish a binding timetable.
Article (122) — Existing Legal Positions
Entry into force shall not extinguish pay, grades or lawfully credited service predating it. New organisational arrangements shall be introduced progressively, with the new system applying to subsequent decisions under transitional provisions.
Article (123) — Repeal of the Old Civil Service Law
Civil Service Law No. (24) of 1960, as amended, is repealed when replacement provisions commence under the transition timetable. Its regulations and instructions remain temporarily effective insofar as consistent with this Law until replaced.
Article (124) — Repeal of the Old Discipline Law
State and Public Sector Employees Discipline Law No. (14) of 1991, as amended, is repealed upon commencement of the disciplinary chapter and related implementing regulations. Pending cases continue under procedures protecting employees' legal positions.
Article (125) — Salary-Law Alignment
Within twelve months, the Council of Ministers shall prepare an amendment to State and Public Sector Employees Salaries Law No. (22) of 2008 or a replacement bill linking grades to job evaluation and addressing unjustified disparities, following a published fiscal impact study. Existing pay entitlements remain unaffected.
Article (126) — Special Laws
Within eighteen months, the Government shall list special laws requiring alignment, respecting constitutional independence and genuine professional needs. Acquired benefits or rights may be removed only by law for a legitimate reason.
Article (127) — Regulations and Instructions
The Council of Ministers, Council and competent authorities shall issue necessary regulations and instructions within their powers and prescribed periods. Instructions shall create no substantive restriction, penalty or privilege without a statutory basis.
Article (128) — Entry into Force
This Law enters into force ninety days after Official Gazette publication, except provisions with special transitional periods. During the commencement period, bodies shall prepare necessary data, job descriptions and transition plans.
Statement of reasons
To modernise federal civil service law; unify general rules for employees and jobs; strengthen merit, impartiality and equal opportunity; activate the Federal Public Service Council's constitutional role; connect recruitment with staffing, job descriptions, competencies and performance; modernise disciplinary and appeal safeguards; and establish an auditable digital employment register, this Law is enacted.
Fifth — Explanatory Memorandum
1. From an “Employee Law” to a “Job System”
The Bill does more than rewrite old appointment conditions. It moves administration from qualifications, grades and rigid staffing to purpose-defined jobs with descriptions and competencies. Modern government needs digital, analytical and regulatory skills not captured by qualifications alone, and the capacity to move and develop employees according to actual ability.
2. Merit and Fair Recruitment
Open advertisement, job-related testing, structured interviews, conflicts of interest and published results form one chain. Improper intercession and quota allocation are treated as merit violations, not merely general ethical problems. Merit is not equated with academic testing: different jobs require different assessment tools.
3. Protecting Employees and Administration
Effective administration needs to address poor performance and misconduct while preventing transfers, appraisals and penalties from becoming retaliation. The Bill separates unsatisfactory performance from discipline, requires written reasons, defence rights and judicial appeal, and protects good-faith professional opinion.
4. Pay
Salary reform is a separate fiscal and legislative matter requiring cost modelling for every scenario. The Bill introduces no new amounts or uncosted increases. It creates technical foundations for later fair reform: job evaluation, occupational families and unified data comparing relative work value rather than accumulating allowances and exceptions.
Sixth — Alignment with Existing Legislation
| Legislation | Required action | Reason |
|---|---|---|
| Civil Service Law 24/1960 | Phased repeal and replacement | The new Law regulates the complete service lifecycle |
| State and Public Sector Employees Discipline Law 14/1991 | Repeal upon disciplinary chapter commencement | Prevent parallel systems of penalties and safeguards |
| State and Public Sector Employees Salaries Law 22/2008 | Amendment or replacement within 12 months | Link pay to job evaluation with fiscal impact assessment |
| Federal Public Service Council Law 4/2009 | Limited alignment where needed | Define interfaces of powers, platform and register without impairing independence |
| Special Service Laws | Review within 18 months | Prevent unjustified exceptions while preserving genuine professional needs |
Seventh — Financial and Implementation Effects
Total fiscal impact cannot be reliably estimated before unified data exist on employees, jobs, vacancies, allowances and classification; the Bill therefore gives no falsely precise figure. Initial direct effects concern developing or unifying digital systems, preparing descriptions and competency frameworks, training and converting records. Reusing Council, Ministry of Finance and government infrastructure rather than parallel platforms can reduce costs.
Any salary or allowance change requires a separate fiscal impact study covering baseline-year costs, five-year transition costs, benefiting and adversely affected groups, inflation, sustainability and financing. Enactment alone does not activate a new pay scale.
Eighth — Transition and Implementation Requirements
- Within 6 months: adopt standard job-description and identifier models and a data-cleaning plan.
- Within 12 months: operate a core federal register, link funded jobs to it and submit salary-alignment legislation.
- Within 18 months: review special service laws and issue unified disciplinary and recruitment regulations.
- Within 24 months: complete critical and leadership job descriptions and apply the new performance system.
- Within 36 months: integrate staffing, payroll, employees, jobs, retirement and recruitment within statutory data-protection limits.
Ninth — Relevant International Standards
Iraq is party to International Labour Organization Conventions No. (100) on equal remuneration and No. (111) on discrimination in employment and occupation, both in force for Iraq. These support equality, non-discrimination and equal pay for work of equal value. The United Nations Convention against Corruption's public-sector provisions likewise support recruitment and promotion based on efficiency, transparency and objective criteria.
The Bill copies no particular country's model. It draws on common modern civil service practices: separation of political and professional roles, open advertising, competency frameworks, outcomes-based appraisal, mobility and digitalisation with review safeguards.
Tenth — Sources and References
- Constitution of the Republic of Iraq, 2005 — Iraqi Council of Representatives. Official source.
- Federal Public Service Council Law No. (4) of 2009 — Federal Public Service Council. Text published by the Council.
- Civil Service Law No. (24) of 1960, as amended — Applicable civil service framework still cited by state bodies for appointments through 2025.
- State and Public Sector Employees Discipline Law No. (14) of 1991, as amended — Applicable disciplinary system.
- State and Public Sector Employees Salaries Law No. (22) of 2008, as amended — Ministry of Justice/Iraqi Official Gazette. Law page.
- Council of Representatives — Minutes of the 6 November 2022 Session, first reading of the Federal Civil Service Bill. Minutes.
- Council of Representatives — Minutes of the 28 February 2024 Session, recording subsequent withdrawal of the government bill. Minutes.
- Ministry of Justice — 2025 Appointments under Federal Public Service Council Decisions and Law 24 of 1960. Announcement of 1 June 2025.
- International Labour Organization — Iraq's Convention Status, including C100 and C111. NORMLEX.
Ali Zuweid's Political Programme · POL-07