A judicial ruling that includes the duration of practicing law for years of experience, provided that it is more than one year
The problem of "years of experience" still occupies the employees, especially since they have a significant impact on promotions. Although there are many laws and periodicals that dealt with this issue, for example, not limited to the periodic book No. 7 of 2011, Temporary employment includes the fourth item with reference to the calculation of the duration of the work experience in the appointment of employees up to a maximum of «5» five years.
However, the Administrative Court of Justice issued a very important ruling concerning the masses of lawyers in Egypt, where it ruled to "include the duration of practicing law." The ruling was issued under the chairmanship of Counselor Ibrahim Ahmed Abu Ela Hassan and the members of the advisors Ahmed Mohamed Hussein Mohamed El Taweel, Ahmed Masoud Dawood, The secret of Fathi Mohammed Badr.
The proceedings of the lawsuit were recorded in the number 2965 for the year 4545, where the defendant Mohammed Eid Abdul-Baqi filed the lawsuit, requesting the conclusion of the ruling on its acceptance of the form, and the subject of his right to calculate the period of his previous practical experience, which he spent in practicing law since he was registered with the table of workers of the Bar Association on January 17, 2010 until The date of his appointment to the University's legal administration by decision 2015 as of March 29, 2015 as a default seniority, and to calculate all financial differences from periodic and special allowances as the effects of the duration of scientific experience.
The plaintiff refused to mention his claim that he was appointed as a third lawyer in the administrative authority of the defendant. The administrative authority refrained from including his previous experience in the legal profession to the current period of his service and concluded his requests in the previous statement. And the legal deliberation, it is that the plaintiff aims to request the ruling to accept the case in form, and the subject of his right to include three quarters of his experience in the legal profession to the current period of service, with the consequent effects and financial differences.
Article 27 of Law No. 47 of 1978 concerning the Civil Servants Act in the State – before its repeal in the Civil Service Law promulgated by Act No. 81 of 2016, which came into effect on 2 September 2016 and which is replaced by the law No. 11 of 1983 stipulated that: «….. The duration of the work experience exceeding the period of experience required to fill the post shall be calculated on the basis that at the beginning of the recruitment fee for each of the excess years the value of a periodic bonus shall be added up to a maximum of five The level of the post assigned to the worker, provided that the In accordance with the nature of the work of the job assigned to the worker and not to be preceded by his colleague appointed in the same entity in the same function in the date of satisfaction to start the calculated experience both in terms of seniority in the degree of employment or remuneration, and the calculation of the period of experience described in the previous two paragraphs in accordance with the rules established by the Committee Civil Service Affairs ».
The court ruled that in order to do so, the decision of the Minister of Cabinet Affairs and the Minister of State for Administrative Development No. 5537 of 1983, amended by resolutions 71 of 1988 and 5 of 1989, was issued in its first term: In the second paragraph of Article 27 of Law No. 47 of 1978 – referred to – qualified employees shall have the following terms: The duration of the exercise of the free professions, which is regulated by the law of the State, shall be valid for the period following the date of registration.
Article [2] of the same resolution – amended by the decision of the Minister of State for Administrative Development No. 71 of 1988 – stipulates that the periods specified in Article 1 of this Decree shall be stipulated as follows: The duration of the work to be done in other ministries, The local administration, public bodies, public institutions, and public sector bodies and companies, whether connected or intermittent, shall be counted three quarters according to the following conditions: «The periods shall not be less than one year, and the nature of the work shall be in accordance with the nature of the job in which the worker is appointed. .
Which is based on the ruling of the Supreme Administrative Court, requires that the duration of the practice of the liberal professions – a period of practical experience prior to the appointment – be extended to one year and that their nature is consistent with the nature of the job assigned to the worker. And the interests and organs with their own budgets and units of local administration and public bodies and public institutions and public sector bodies and companies, accounting for three-quarters, whether connected or separate, and that the previous experience gained from the practice of the profession of law counted three-quarters of the worker, Z independence or in association with others, or for his account.
According to the «court» – since the firm of papers that the defendant obtained a Bachelor of Law in 2009 and a master's degree in law in 2013, and then was appointed as a third-level lawyer specialized third in the University of the respondent as of March 29, 2015, and had a period of practical experience Has been working for the legal profession since January 18, 2010, the date of his registration in the general schedule of the Bar Association until the date of his appointment and his transfer to a non-professional staff. The nature of the profession is consistent with the nature of the job assigned to the respondent, Identify The rules, procedures and provisions relating to its function.
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