THE LEGAL NATURE OF MANDATORY RETIREMENT OF HIGHER GRADES OCCUPANTS AT TO A LOWER RANK AND ITS LEGAL BASIS

Abstract

First of all, it is unreasonable for the employee's relationship with the administration to be an eternal relationship, but rather it must end either with a natural or unnatural end, and perhaps retirement stands at the forefront of the natural reasons for the termination of the functional bond, but the situation is different from what it is with regard to the referral to retirement at a lower degree, as the referral is considered To retire below the functional grade and by the sole will of the administration is one of the unusual methods for severing the functional bond; Accordingly, the difference in the legal nature of it has a special importance, and this is what prompted us to choose the topic for research and study, however, the compulsory referral to retirement without reaching the legal age and in cases other than the case of health disability is an exceptional case, but it is also characterized by its uncommonness and spread compared to what is common It is one of the types of functional retirement, and therefore its contact with the holders of senior and leadership positions in the state gives it special importance, noting that the problems surrounding the issue revolve around the difference in legal nature according to different jurisprudential points of view, after the legislator neglected to develop legal provisions according to which he gives a legal description of compulsory retirement Before reaching the legal age, legal studies do not start from scratch. Rather, the legislator must put in place the legal texts that establish a specific legal ruling, provided that this legal foundation may not be characterized by accuracy and completeness, but it is often deficient, and to reach the circle of completing the deficiency in the texts. These texts must be analyzed with an explanation of the legislator's philosophy behind this legislative option.