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Arbitrary Dismissal of the Employee

Achievement of justice and finding a balancing point between the parties of the employment contract is the main objective of all labor Laws around the world. This could be achieved through regulating the contractual relationship between the employer and the employee in an attempt to reduce the autonomy of will principle, which gives individuals complete freedom to organize contracts. Although the employment contract is considered one of the consensual contracts, the Labor Law requires that the contract must include in detail a statement of the rights and duties of the parties, and the cases of the employment contract’s termination, which must be consistent with the Law that developed a set of controls to terminate the contract by the unilateral will of the employer. In case of non-compliance with these controls, the dismissal shall be considered an arbitrary dismissal due to violating the Law.

As mentioned, the dismissal could be arbitrary if the employer violated the controls developed by the legislator; as Article (74)of the Labor Law regulates the employment contract’s termination cases as follows:
  • the two parties agreed to terminate the contract; on the condition that the employee had submitted their consent in writing.
  • Upon the expiry date of the contract’s term
  • According to the will of one of the parties subject to indefinite contracts.
  • the employee reaches the retirement age of 60 years old for male employees and 55 years old for female employees, unless the two parties agree to continue working after this age.
  • Force majeure.
Furthermore, Article (75) stipulated that: (if the contract is indefinite, either of its parties may terminate it based on a legitimate reason that must be stated under a notice directed to the other party in writing before the termination, and that is within a period not less than thirty (30) days, if the employee’s wage is paid monthly, and not less than (15) days for others).
On the other hand, the Labor Law ensured the rights of the arbitrarily dismissed employee in claiming compensation and returning to work; as Article (76) stipulated that (if the party that terminated the contract did not take into account the term mentioned in Article (75) of this Law, they shall pay the other party a compensation equivalent to the employee’s wage from the notice period, and the last wage will be considered mainly for calculating the compensation).
Moreover, Article (77) stated that (if the contract is terminated for an illegitimate reason, the party that incurred damage from such termination will be entitled to a compensation, which shall be determined by the Labor Dispute Settlement Authority; taking into account the material and moral damages he incurred; in addition to the case, possibility and circumstances of the termination).
Article (78) also gives him the right to request to return to work.
We believe that although the legislator had defined the controls governing the termination of the contract in a legitimate manner without deliberately harming the employee, who is considered the weakest party in the contractual relationship; the Law obligated the Employee to prove that the dismissal was carried out arbitrarily and there was actual harm incurred upon the Employee due to this arbitrary dismissal that allowed him to claim compensation and return to work, so that the allegation of arbitrary dismissal does not become an acquired right for any negligent employee or whomsoever manipulates the rights of others without legitimate right. That being said, the burden of proving the regularity of dismissal and the non-arbitrariness in using such right remains on the employer in this case.

In conclusion, achieving a balance between the parties of the employment relationship requires each party to fulfill its duties until it can prove its claim to its rights from the other party. The Labor Law guaranteed the rights of the employee who complies with the performance of their professional duties and does not violate the Law or the employer’s regulations, in order to claim compensation and return to work, in case of the employer’s abuse of authority in arbitrary dismissal. The employer shall have the right to dismiss the worker in a legitimate manner in accordance with reasons based on the law and real life if the employee was negligent in fulfilling their job duties or due to their absence from work or failure to maintain the interests of the establishment in general.

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