The Public Employee’s Right in Practicing Commercial Businesses in Jordanian Legislation“A Comparative Study”

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Dr. Jalal Mohammad Jalal Al-Qhaiwi, Dr. Suhaib Ahmad Al-Manaseer

Abstract

The current study dealt with the issue of the public employee practicing the commercial businesses where it has always raised several problems among jurists. The study came to highlight the restrictions mentioned on the public employee freedom in practicing commercial businesses and the most prominent legislations adopted this direction and compared them with the ones that began to get rid of these restrictions and allowed the public employee to work in the private sector after the official working hours and allowed him to practice commercial businesses. Therefore, this study is dealt with three requirements; in the first requirement we dealt with the legal concept of the public employee where we showed the concept of the public employee in jurisprudence, law and judiciary. In the second requirement, we explained the nature of legal relationship that connects an employee with the employment administration whether it is contractualor regulatory list. Through the third requirement we dealt with the concept of  a merchant and the entity of principle of  preventing the public employee from practicing commercial businesses. Finally,we dealt with modern directions that adopted the principle of enabling the public employee of practicing commercial businesses and its justifications.

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