Standards Distinguishing The De Facto Employee In Administrative Law - A Comparative Study Abstract

Abstract

Administrative law jurists have clarified the importance of the de facto employee theory in public service field , specially in France and Egypt, So, in this study the researcher try to shed more light upon the de facto employee theory in the administrative law, this theory have a close relation with the public employment and employees whom considered to be the essential engine of the government administrations, without these employees government administrations can’t accomplish their functions, moreover , there is a strong relation between jurisdiction rules and this theory , which consider to be an exception - made by administrative judiciary and jurisprudence – from the jurisdiction rules legal results ,i.e., the de facto employee conducts is being considered valid and able to generate its’ results despite the general rule which consider conducts made outside ones’ jurisdiction invalid. The above mentioned theory is considered to be the creation of the French State Council , which aimed to preserve the continuity of public utility steadiness circulation, and to preserve - good faith- third party (others) welfares, this theory is one of the most important topic in the administration law, since it treats the method of dealing with public employees, so, by no means citizen can be assure of the employment status of the public employee taking in consideration that massy numbers of people recourse to the public administration to accomplish their transactions, on the other hand, this theory gains its importance from preserving public and private welfare equally, specially populace rights and interests. Public employment is governed by stable and specific rules either for commencing its practice or ending such practice, giving free rein to the de facto employee activities - either before the actual commencing of his job practicing or after the conclusion of such job- may affect third party rights, as a result, studying the de facto employee theory aims to preserve transactions stability and to preserve the faith(trust) in dealing with the public employee if the indications and evidences surrounding the external status may lead third party to believe that the apparent status is in conformity with the legal status. For the purposes of this study “the de facto employee” term means: person practicing public position without legal entitlement in a way that may deceive third party and make them believe that the apparent status is in conformity with the legal status.