Disciplinary Provisions for Seconded and Loaned Employees under Libyan Law

Abstract

Disciplinary sanctions serve as a mechanism for the administration to ensure the regular and continuous operation of public services by its employees; as such, they are administrative in nature. Furthermore, disciplinary sanctions function as negative incentives within the civil service, incorporating elements of deterrence and reprimand. A penalty that compels an employee to fear repeating a mistake—thereby avoiding further punishment—acts as an incentive to refrain from errors and violations; thus, the disciplinary sanction serves a deterrent function aimed at curbing any workplace misconduct. Consequently, disciplinary sanctions possess an employment-related character in addition to their administrative nature. Above all, they are legal sanctions that can only be established or imposed pursuant to a provision in a law or regulation. Employees may also undergo certain changes in status during their service, such as transfer, secondment, or loan. We will focus our study on the disciplinary provisions applicable to seconded and loaned employees under Libyan law, dividing the study into three sections as follows:

Section One: Conceptual Framework.

Section Two: Disciplinary Authorities for Seconded and Loaned Employees.

Section Three: Legal Characterization of Disciplinary Board Decisions Regarding Seconded and Loaned Employees under Libyan Legislation.