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Doaa Abd El-Jawwad

Doaa Abd El-Jawwad

Attorney

الأسئلة المجابة 80029 | نسبة الرضا 98.7%

Lawyer

Hello, I had an incident recently with the company...

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Hello, I had an incident recently with the company I work for. They suddenly terminate my employment. What it is? I work as a customer care representative, my main role is handling customers inquiries via the phone channel and provide appropriate solutions. Calls used to be picked up automatically without having to answer it manually. It's no longer the case as a glitch appears on their system where calls turned to be picked and handled manually. As a result, few calls were zapped unintentionally. Upon an investigation held by the operation managers, they discovered a huge number of abandoned calls. They forwared the case to human resources department and 7 agents including myself had to go through this investigation. They decided to terminate the employment of 3 out of 7 while we all had the same matter. This decision had taken a heavy toll on me due to the personal and familial problems I have got.I hereby ask whoever it may concern, what should I do and what procedure would be taken in such situations.Many thanks
Lawyer's Assistant: Where are you located? It matters because laws vary by location
Tunisia
Lawyer's Assistant: Has anything been filed or reported?
What do you mean ?
Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?
No please put me through

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إجابة الخبير: Doaa Abd El-Jawwad

Doaa Abd El-Jawwad

Doaa Abd El-Jawwad

Attorney

الأسئلة المجابة 80029 | نسبة الرضا 98.7%

We would like to inform you that according to the 1994 revision, which added Chapter 14 V to the Labor Code, the legislator gave the judge discretion to expel the truth by granting him the extrapolation nature of the case of arbitrary dismissal in order to find out the true and serious nature of the dismissal and to observe the procedural requirements (Chapter I). Authorization of the parties to the conflict to prove the arbitrary dismissal (Chapter II)

The grave error remains a relative concept which the judge assesses according to the circumstances and circumstances of each case before him, as confirmed by the Court of Cassation in several decisions, including; Civil Commentary Decree 2007-15607 dated 14/01/2008 / Civil Commentary Decree 2007-20244 dated 04 / The Civil Commentary Decree 2007-18858 dated 24/03/2008.

The jurisprudence of the elimination of the fundamental principle has been settled and must be proportionate between the degree of error and expulsion as a disciplinary punishment.

In general, the Labor Code, under Chapter 14.4, contained a number of professional errors which, according to the circumstances in which they were committed, are among the serious and real reasons for dismissal. These errors were added under the 1994 Revision and are taken from certain conventions and some laws such as the Law of August 5, 1985. On the control of the general statute of the agents of public offices and public institutions of an industrial and commercial nature, and this group containing eleven types of errors received to mention but not limited .

Therefore, you have to file a case to cancel the arbitrary dismissal and get compensation according to the damage that followed you, but first to avoid losing the case, you have to prove the arbitrary dismissal.

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Doaa Abd El-Jawwad

Doaa Abd El-Jawwad

Attorney

الأسئلة المجابة 80029 | نسبة الرضا 98.7%

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