INTRODUCTION & SCOPE OF APPLICATION

The Council of Ministers adopted the Decision No. (18) of 2020 on the issuance of the Code of Transparency and Conduct of Public Employees (the “Code”). The Code applies to all civil public employees who work for Ministries, governmental authorities and public institutions. The Code is relied on and supported with the principles of the constitution, laws and applicable regulations as well as the general duty of protecting the public funds and properties.

GOALS

The Code sets out a number of goals that need to be achieved through the implementation of the provisions of the Code on public employees. These goals are as follows:

1. Strengthen the transparency values related to the public service job,

2. Establishing moral and conduct standards of the public service job as well as the ethics and professional culture related thereto,

3. Deeping the value of cooperation, respect and mutual trust in the public employee’s dealing with his/her chiefs, colleagues and service recipients,

4. Strengthen the trust of the service recipients in the business of governmental service provider/entity, and

5. Spreading the awareness among the individuals of the society regarding the expected behavior of the public employee.

OBLIGATIONS OF THE PUBLIC EMPLOYEE

I. GENERAL OBLIGATIONS

The Code obliges the public employee to do the following as part of his/her professional duties:

1. Making sure that he/she is aware of the applicable laws and regulations and to apply the same without any abuse, violation or negligence,

2. Perform his/her assigned duties in full transparency and impartiality,

3. Dedicate the working hours to perform his/her professional duties,

4. Refraining from any behavior that may breach the applicable professional health rules,

5. Avoid any act or practice that breaches the norms or morals,

6. The continues development of professional capabilities and providing suggestions that enhance the work methods and increase the performance rate, and

7. Not to exploit the job to achieve personal interests.

II. DUTY TO PROTECT PUBLIC FUNDS AND PROPERTIES

The Code also obliges the Public Employee to:

1. Protect the interests and rights of the country,

2. Take care of the safety of funds of the governmental entity which he/she works for, and

3. Use the funds, properties and utilities for the specific purposes for which they have been created.

III. MAINTAINING THE INFORMATION AND OFFICIAL DOCUMENTS

The public employee shall, as per the Code, take care of the confidential information and not to divulge them. In addition, the public employee is also obliged to safe keep the documents and official information related to his/her governmental entity.

IV. AVOIDING CONFLICT OF INTERESTS

The public employee is also obliged not to conflict between his/her personal interest and the professional interests. Moreover, he/she is obliged to fully disclose to his/her governmental entity on any event that may constitute a conflict of interest.

V. GIFTS AND BENEFITS

The Code strictly prohibits that public employee asks for a gift, grant, advantage or benefit for himself/herself or for a third party that may affect his/her impartiality and transparency in providing the service or in performing its duties. Moreover, the Code further adds that in case the employee accepted the gift while believing that he may accept it, the employee shall report to his/her governmental entity where he/she works about such gift and the governmental entity shall decide how to dispose it.

VI. RELATION WITH CHIEFS/ SUPERIORS

The Code provides that public employee shall adhere to and execute the instructions of his/her direct chief in light of the laws and applicable regulations. In addition, the employee is obliged not to cheat or mislead his/her chiefs and to refrain from hiding any information related to his/her work from the direct chiefs.

VII. RELATION WITH COLLEAGUES

The Code also requests the public employee to respect, cooperate and spread the positiveness with his/her colleagues.

VIII. RELATION WITH SERVICE RECIPIENTS

Public employee is required by the Code to finalize the businesses of the service recipients in a timely manner, furnish them with all required information and to answer their questions. The Code also requests the employee to prioritize the business of people of special needs and elders.

IX. DEALING WITH INFORMATION TECHNOLOGY AND EMAIL

The public employee shall be equipped with access to the internet which shall be used for purposes related to the works and shall respect the intellectual property rights of the files and programs. In addition, the Employee shall not browse websites or save pictures or files that are contrary to public morals, encourage violence or hatred or any other illegal activities.

Additionally, the Code requires the employee not to object the governmental entity’s supervision and monitor to his/her professional email which is assigned to him/her by the governmental entity, and not to use this email after leaving office or end of service. Moreover, he/she shall not use the professional email address for personal purposes nor to open any untrustworthy files. Moreover, the public employee shall not use the personal email address in his/her professional correspondences.

X. DEALING WITH SOCIAL MEDIA

The employee shall not provide any statement about his/her work to the media unless he/she is authorised in writing to do so by his/her governmental entity. Moreover, employee shall not participate in the social media, or use nicknames, or disclose any information that may prejudice the reputation of the job or the governmental entity which he/she works for.

OBLIGATIONS AND DUTIES OF GOVERNMENTAL ENTITY

The Code obliges the governmental entity to define the duties, authorities and responsibilities of the public employee as well as to deal with him/her on basis of competitiveness and equal opportunities. In addition, the governmental entity shall ensure a safe work environment to the employee and not to discriminate against him/her. Moreover, the Code also obliges the governmental entity to make sure that the employee’s right to complaint is preserved and provided to him/her against any wrong decision of the authorities, and to respond to his/her queries in a timely manner.

It should be noted that the Code did not provide for any penalties in case of non- adherence to its provisions, but the provisions of the Code is clearly obligatory on all civil public employees as well as governmental entities.

For more information on the Code and its application please do not hesitate to contact us on info@alansarilaw.com.

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