12.6 公务员是国家雇用的工作人员
12.6 The civil servants are state hired staff
国家的董事和员工是依照聘用规定签约聘任的雇员。他们的任命、罢免、调动和谴责,由其所属行政机构、总署或部门的负责人依照行政条例执行。
The State’s directors and employees are hired staffs who are contracted in accordance with the rules of hiring. Their appointment, removal, transfer and censure would be carried out by those who head their admistrations, directorates or departments and in accordace to the administrative regulations.
这一点是从关于雇佣人员的规定中推导出来的。雇主和雇员都应当遵守雇佣合同,因为合同对双方都具有约束力,双方须依照所约定的内容履行。例如,在合同期满之前解雇雇员,便是不合法的。
This is deduced from the rules concerning hired personnel. The employer and the employee should abide by the contract of hiring, because the contract is binding on both sides according to what has been contracted. For example, it would be, for instance, unlawful to remove an employee before the term of contract had expired.
遵守一般行政规定,也是合同所列条件的组成部分,这些条件必须予以履行。先知(愿主赐福他并使他平安)ﷺ说:"穆斯林必须遵守他们所订的条件。"[艾布·达伍德根据艾布·胡莱赖ﷺ所传述]至于人员从一个地方调至另一个地方,这也应受雇佣合同的约束。
Abiding by the general administrative rules, forms part of the conditions laid out in the contract and these must be honoured. The Messenger of Allah (pbuh) said; “The Muslims are bound by their conditions.” [Narrated by Abu Dawoud from Abu Hurairah] As for the transfer of personnel from one place to another, this should also be subject to the contract of employment.
负责招聘、调动、训诫和解雇员工的,应是相应部门、局或行政机构的负责人。这是因为他负责其所在部门的工作,并且根据所托付给他的职责,他拥有相应的权力。
The one responsible to hire, transfer, censure and dismiss staff would be the director of the respective department, directorate or administration. This is because He is in charge of the department of their work, and He is the one who has the power according to the responsibility entrusted to him.