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.
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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