مجلة دراسات الإنسان و المجتمع

This study deals with the legislative protection of the public function in the Libyan law, which reveals many of the problems and obstacles facing the public employee while carrying out his job duties, including the insufficiency of legal protection, which threatens to weaken the role of the employee and ineffectiveness, especially in light of the relationship of the administration with its employees, and the establishment of administrative authorities In the abuse of her power, which has a negative impact on the public servant. The study also indicated that it is necessary to provide legal protection of all kinds in order for the administrative work to proceed in the right direction and to achieve administrative justice, which is reflected on the employee's independence, impartiality, integrity and immunization from falling under the influence of pressures on him. One of the objectives of this study is to identify the rights and duties of the public employee, and to determine the disciplinary authority and guarantees enjoyed by the public employee, using the comparative analytical descriptive approach based on induction, analysis and deduction, based on Labor Law No. 12 of 2010 as a basic law in the legislative protection of the public job in Libyan law, as The study concluded with many opinions and results, the most important of which is, the Libyan legislator divided the penalties according to the triple logical division, which makes the nature and type of punishment a criterion for that, but the Libyan legislator did not decide any restriction on the right of the aggrieved to file a criminal case against the public employee in the manner of direct prosecution in the Code of Criminal Procedure Also, there is no case of compatibility or balance in Libyan legislation between what was decided by the Penal Code against the public servant and what was decided by the Code of Criminal Procedure and special laws. The study concluded with some results and recommendations, the most important of which are: the necessity of adjusting the legal concepts of the public job, determining its responsibility in a more precise manner, reconsidering the legal texts and legislation, and striking a balance among them, especially those related to the administrative part.