The Impact of Administrative Revocation of Individual Administrative Decisions on the Legal Status of Public Employees Outside the Scope of Public Office: The Employment Contract as a Model - An Analytical Study in Jordanian Legislation and Jurisprudence

Abstract

This study aims to clarify the concept and scope of the administration’s authority to revoke individual administrative decisions and to examine the legal effects of such revocation on employment contracts, particularly in terms of acquired rights and the extent to which a public employee can perform the employment contract.

The study adopts a descriptive and analytical approach by outlining the relevant concepts, analyzing the legal provisions outlined in the Labor Law, the Human Resources Management System in the Public Sector, and examining judicial precedents and scholarly opinions related to the subject matter.

The study concludes with several key findings, most notably that a public employee’s inability to perform the employment contract after the administration revokes its decision approving their employment renders the contract impossible to execute. Consequently, the contract is deemed legally terminated and rescinded by operation of law, and the employer has no right to claim compensation for the employee’s cessation of work.

The study recommends several measures, including amending the Public Sector Human Resources Management System No. 33 of 2024 and its amendments to account for employment contracts concluded between public employees and private employers. The provisions of the Labor Law should govern the termination of such contracts, and the revocation decision should be issued based on the recommendation of the committee responsible for assessing the public employee’s status.