Abstract:
This research deals with general staff transferences as justified disciplinary measures
as practiced by the Jordanian Administrative Court and the provisions of the Civil Service
System of Jordan No. (82) issued in 2013 with all its amendments. This research is divided
into two parts. The first part explores the conditions, regulations, provisions, and types
of general staff transfers as a disciplinary measure. This part also explains the difference
between the justified judgements and disciplinary measures in terms of written approval
and refusal. The second part demonstrates the difference of staff transfer as a disciplinary
measure and staff transfer as an organizational policy of managerial and staff rotation. This
part explores the significance of staff rotation for organization development from a legal
perspective. This research concludes that the Jordanian Decree No. 90/B issued in 2013
is not justifiable. It states that the transferred employee is not subject to any decrease or
degradation in terms of the years of services, salary, and career order/rank. The research
also argues that such measure do not guarantee the rights of the employee due the unequal
relationship between the management and the employee. This means that this decree does
not protect the employee from arbitrary termination decisions. Based on this, the research
presents some recommendations to amend the respective decrees that would serve the public
welfare as a proposal to the Jordanian government.