Overlapping resignation and new hire dates does not negate rights
father-in-law
Expressiveness
The General Directorate of Public Service and Administrative Reform confirmed the possibility of counting professional experience acquired before new employment, even if there is an overlap between the date of resignation and the date of re-employment in a new job, the methods of calculating this experience in the public and private sectors, as well as the conditions and procedures adopted to benefit from it.
The Directorate explained, in response to a written question by Representative Nabil Rahish dated June 10, in a response seen by Al-Shorouk, that pursuant to the provisions of Circular No. 02 of March 13, 1989 specifying the modalities for implementing Decree No. 85-58 of March 23, 1985 relating to compensation for professional experience, the professional experience acquired before employing the employee in question is counted as half the period if the previously occupied rank is lower than The current rank in terms of classification, while it is counted as full if the previous rank is equal to or greater than the current rank in terms of classification.
With regard to professional seniority performed outside the public service sector, the Directorate clarified that, in accordance with the provisions of the circular itself, especially point 3-2, paragraph “d”, the approval of professional seniority performed in other activity sectors is based on certificates of affiliation delivered by the interests of the National Social Insurance Fund to which the concerned employees are affiliated.
She pointed out that the professional experience acquired in the private sector is counted as half the period, provided that those concerned provide a work certificate issued by the employing administration, in addition to the certificate of affiliation to the competent social security authority, as they are two basic documents to prove the duration of the professional activity performed outside the public service sector.
The General Directorate also stated that the professional experience acquired before employment is counted within the framework of professional experience compensation after the employee is ordained to his rank, explaining that its calculation is based on the maximum period for promotion in grades, which is set at 3 years and 6 months, outside the framework of the work of the Administrative Committee with equal members.
She added that professional experience is approved regardless of the rates of promotion in the grades specified in Presidential Decree No. 07-304 of September 29, 2007, which specifies the evidentiary network for employees’ salaries and the system of paying their salaries, amended and supplemented.
Regarding the problem related to the overlapping of the date of resignation with the date of new appointment, the Directorate confirmed that its interests had previously studied similar situations and decided upon them, as it was approved that the professional experience acquired before the new appointment could be counted in order to preserve the acquired rights of those concerned, regardless of recording an overlap between the date of resignation and the date of reappointment to a public job.
The Directorate stressed in its response that the calculation of this experience remains linked to the period actually performed by the employee, which is taken into account until the date of the new appointment, in a way that ensures the preservation of the acquired professional rights of those concerned within the framework of the applicable legal and regulatory provisions. The Directorate highlighted in its response that the approval of professional experience is carried out in accordance with specific regulatory provisions aimed at valuing the professional path of employees and ensuring the benefit of the seniority gained before employment, whether within or outside the public service sector, in accordance with the conditions and legal documents required for each case, allowing the employee’s previous professional path to be taken into account when studying his rights related to compensation for professional experience.
This clarification submitted by the representative comes to clear up confusion regarding the situations of a number of employees who moved between different sectors and institutions during their career path, especially in cases where there is an overlap between the date of termination of the previous professional relationship and the date of joining the new position.
