Article (1)
I: The provisions of this law take effect on the university service employee.
II: The following expressions the following meanings set forth for the purposes of this act.
Ministry – ministry of higher education and scientific research.
Minister – minister of higher education and scientific research.
Institution – university or institute.
University – one of the official Iraqi universities.
Board – board of technical education.
III: University service employees is any staff member who exercises university teaching, scientific research, scientific and technical consulting, or works in the divan of the ministry of higher education and scientific research or its institutions who fulfills the terms provided by the law of the ministry of higher education and scientific research, No. 40 of 1988 or any substituted act.
Article (2)
The university service employee assumes the following:
I: Sponsoring the students intellectually and educationally in the interest of homeland and nation in laying out the foundations of the Iraqi democratic society towards building an upscale human civilization considering the scientific method of thinking and practice as a tool for achieving those goals.
II: Conducting scientific, applied, theoretical and field instruction, training in laboratories and experimental fields, maintenance of assets and supervise their use, giving theoretical and practical lectures, solving exercises, auditing students’ reports and supervising on researches and theses.
III: Conducting scientific researches in various fields.
IV: Contribution in university activities such as cultural seasons, university’s day, college fairs, graduation ceremonies, student events and other scientific and educational events.
V: Contribution in authoring, translation and publishing.
VI: Contribution in permanent and temporary boards and committees within and outside the ministry.
VII. Contribution in the development of scientific departments intellectually, educationally and scientifically, submitting studies, researches, reports, plans and curricula.
VIII: Conducting and observation of examinations.
IX: Contribution in symposiums, conferences and seminars inside and outside Iraq.
X: Conducting studies and researches proposed by government departments, public and private sectors in the scope of cooperation between his organization and those agencies.
XI: Conducting administrative tasks entrusted with by the ministry or the educational institution he works in.
XII: Working in centers or specialized advisory offices of the ministry or its educational institutions.
XIII: Scientific presence in the institution for at least (30) hours per week to achieve the above paragraphs of this article.
Article (3)
The professor, assistant professor and teacher should submit a report after each semester about his teaching activity, the entire vocabulary curriculum he had finished, problems he had encountered, recommendations proposed for solving them, researches and articles he had published, lectures delivered and proposals for development of curricula and the educational institution he works in.
Article (4)
I: The assistant teacher graduate is not allowed to teach the graduate students or supervising their researches and theses.
II: By a decision of the college council, the teacher may if necessary conduct teaching and supervising on master students only.
III: By a decision of the college council, the assistant teacher may if necessary conduct theoretical teaching in the initial university studies.
Article (5)
Minister of higher education and scientific research or authorized by assumes the following:
I: Appointment or reappointment of those who meet the conditions of employment in the university service at the ministry center.
II: Approving the transfer of employees of university service at the ministry to universities and accepting their resignations and retirements in accordance with the law.
III: Approving the transfer of employees of university service outside the ministry in accordance with the law.
IV: Excluding those having scientific merits from fitness system, except those Infected with acute or chronic communicable diseases according to a report from an official medical commission.
V: Upgrading or promotion of the university service employee appointed in the ministry center in accordance with the law.
Article (6)
I: President of the university, organization, center or authorized by assumes the following with a recommendation of the council of the university, body or center:
- Appointment or reappointment of those who meet the conditions of employment in the university service.
- Appointment of technical and administrative employees.
II: President of the university, organization, center or authorized by assumes upgrading the university service employee in accordance with the law.
III: The council of university, body or center assumes upgrading the university service employee in accordance with the law.
Article (7)
I: Full-time and part-time university service employee shall be entitled to lectures wages over his scheduled teaching quorum and committed to the instructions governing the structure of his work taking into account the scientific ranks.
II: University service employee is considered full timer after completing his quorum in accordance to the law when starting his job in which he is appointed or retuned to and the quorum id defined according to the instructions issued by the ministry taking into account the scientific ranks.
III: Full-time university service employee is not allowed under the provisions of this act to exercise any acts for his own sake outside the scope of his university work unless otherwise stated.
IV: Full-time and scientific full-time university service employee, under the provisions of this act is granted monthly university service allocations by (100%) of his monthly salary and these allocations don’t withhold the rewards of technical advice for government and private institutions within his scientific specialization, authoring, translation, scientific and technical production.
V: The minister may, on the recommendation of the council of university, body or center exclude the university service employee of full-time at his request.
VI: University service employee delegated from an educational institution to another receives the same allowances and privileges enjoyed by his peers in the organization he is delegated to or from, whichever is more.
VII: Part-time university service employee, who fulfills the conditions of faculty members, in accordance with the provisions of this act, does not deserve the university service allocations provided for in item (IV) of this article.
VIII: University service allocations continue to be spent during holidays, vacations, sick and maternity leave and dispatch. Half of the salary and half of the allocations are granted for maternity or study leave inside and outside Iraq, scholarships and fellowships abroad.
IX: Minister or authorized by, on the recommendation of the university, board or center council based on real need may resolute full-time of a physician, dentist, veterinarian, pharmacist or architect of non-members of the teaching faculty, in accordance with the provisions of this act, be granted allocations by (100%) of the allowances they deserve under the laws and regulations, whichever is more.
X: University service employee who is appointed for the first time or transferred from government departments or public sector to one of the institutions of the ministry of higher education should submit during first year of work what proves his eligibility for scientific (academic) work that show his ability in scientific research, contribution in translation, successful efforts in teaching adopted by the department, college or institute council to be then set in his job, otherwise transferred outside the institution.
XI: Placement of the university service employee can be done by the minister, under the provisions of this act, to work in the divan of the ministry of higher education and scientific research, not more than (3) years and retains his rights and privileges.
XII: University service employee with a master’s degree may complete the doctorate study in Iraq while continuing his job tasks and is considered part-time to complete study and work hours are reduced to help him continuing his study while retaining all his rights and privileges during the study period, including university full-time allocations.
Article (8)
The ministry or educational institution shall bear the costs of the university service employee outside Iraq if treatment within Iraq was impossible on the basis of a report issued by an official competent medical committee.
Article (9)
I: Placement of the university service employee can be done to work in any state office in accordance with the law for one year, renewable for a further year and payment of all his salaries and allocations would be paid from the office placed in, from its annual budget.
II: Minister may approve academic full-time of a professor, assistant professor or teacher inside or outside Iraq in cases in which full-time is impossible at home on the recommendation of the university, board or center council for one school year or one semester, once for every five years and may receive all his salaries and allocations of the university full-time.
III: Minister may approve academic full-time for one year for professor or assistant professor outside Iraq if he spent two years in actual service after academic full-time inside Iraq, taking into account the actual need for his services in Iraq.
- Minister may issue the instructions that govern matters related to academic full-time.
Article (10)
I: University service employee shall be entitled to an ordinary leave with full salary for (15) days each school year and these leaves may be accumulated provided that he would not be granted more than (30) days during one school year.
II: Ordinary leave may be rotated for the university service employee that he deserves under the provisions of this act and the civil service act, No. 24 of 1960.
III: University service employee shall be entitled to an annual vacation leave for (60) days and the university president may call the university service employee to perform official duties during the annual vacation while being compensated with a similar period during that year, or what is equivalent of the salary and monthly allocations and this commission is not to be repeated for two consecutive years only with the consent of the employee.
IV:
A: University Service employee assigned to retirement shall be entitled to his nominal salaries for the annual leave (60) sixty days, plus the ordinary leave, not more than (180) days.
- Accumulated ordinary leave may be calculated as a pension service based on a written request by the university service employee.
Article (11)
I: A: The service of the professor or assistant professor may be extended based on his written consent and recommendation of the faculty and the university councils.
- Assignment to retirement of those whose services are extended in accordance with paragraph (A) of this item when completed the age of (70).
II: University service employees assigned to retirement before the release of this act are included in.
Article (12)
University Service employee or dependents shall be entitled to receive a pension equivalent to the salary and university service allocations received by his peers in service in one of the following cases:
I: If assigned to retirement when completion of legal age and has a university service not less than (25) years.
II: If retired for health reasons due to his inability to perform his duties based on a report of an official competent medical committee regardless of length of service or age.
III: If retired and has a university service of (30) years and did not completed the legal age of retirement.
IV: If died in service whatever the length of service or age.
Article (13)
University service employee is committed to the laws, regulations and instructions as required by university customs and traditions, avoiding any prejudice to the duties of his scientific, educational and administrative job provided for in this act.
Article (14)
I: Technical staff working in the ministry and its institutions is granted allocations by (100%) of the salary.
II: Administrative staff whose presence is required with the university service employees is granted university service allocations by (75%) of the salary.
Article (15)
- Associate deans and heads of departments in colleges and institutes are granted monthly allocations of (250,000) dinars.
- Rapporteurs of scientific departments are granted monthly allocations of (150,000) dinars.
- Directors of administrative divisions in the ministry center, universities, colleges and institutes are granted monthly position allocations of (100,000) dinars.
Article (16)
Coordination among the institutions of the ministry of higher education and scientific research, ministries and other bodies not related to a ministry is through the following:
I: Commission of some instructors or researchers in the institutions of the ministry of higher education and scientific research to carry out researches, experiments and activities related to the specialization of the ministries and other bodies not related to a ministry to develop the productive and service aspects in exchange for remuneration agreed upon between the two sides and a ratio is allocated no more than (80%) of these fees for participants while the remaining ratio is dedicated to the university, college, board or institute in accordance with instructions issued by the minister.
II: The use of scientific and technical staffing working in ministries and bodies nor related to a ministry to perform the theoretical, scientific, applied and field teaching, training and supervising of dissertations in charge for fees or awards determined by instructions issued by the minister.
Article (17)
The maximum salary and the allocations provided under any other act are excluded from the provisions provided of this law.
Article (18)
I: Provisions of the Ministry of higher education and scientific research act, No. (40), 1988, civil service act, No. (24), 1960, act of discipline of state employees and public sector, No. (14), 1991, unified retirement law, No. (17), 2006 and the order No. (6), 2005 of university service amendment act, No. (142) of (1976) are adopted, in case that there is no text about in this act.
II: Entry into force of this act does not prevent those covered by its provisions from benefit of any other act.
Article (19)
Minister may issue instructions to facilitate the implementation of the provisions of this act.
Article (20)
Repeal the university service act, No. (142), (1976) and its amendments thereto and regulations and instructions issued thereunder remain in force until being terminated or replaced.
Article (21)
This act is to be published in the official gazette and takes effect on 1/1/2008.
Binding reasons:
To raise the scientific level of teaching and academic of faculty to develop the university work in line with regional variables in the field of higher education and scientific research in addressing the university service employees’ affairs and to keep abreast of the developments in the academic field in line with the significant democratic and cultural transformations witnessed in Iraq and to open new horizons for the academic institutions to develop a new comprehensive strategy for higher education in Iraq in support of the educational march so that to achieve concrete developments in the field of scientific research and to fortify the faculty, upgrade its teaching and living levels and maintain it, this act has been enacted.