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Abd Alhameed Kieshar
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الأسئلة المجابة 42617 | نسبة الرضا 98.7%
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إجابة الخبير: Abd Alhameed Kieshar
Abd Alhameed Kieshar
Lawyer
الأسئلة المجابة 42617 | نسبة الرضا 98.7%
According to the private sector labor law, the fixed term contract shall terminate when it expires and can be renewed upon the agreement between the two parties and it may be terminated in the following cases:
If either the employer or the worker reduces the period of, or fails to serve a notice of termination on the other, the forbearing party shall pay the other a “compensation in
lieu of notice”, irrespective of whether or not the other party has sustained damage as a result of such failure or shorter notice. The said compensation shall be equal to the worker's wage in respect of the entire or reduced period of notice. Compensation in lieu of notice shall be calculated on the basis of the last wage received,
An employer may dismiss a worker without notice if and only if the worker:
assaults the employer, the manager in charge or any of his workmates during working hours
terminating the contract in these two cases shall consider as arbitrary termination.
Article (106): A worker may terminate the contract of employment upon giving notice to the employer in any of the following events: 1. Employer’s breach of any material obligation provided for by the law, contract of employment or regulations of work in the establishment.
- Fraud by the employer or his representative towards the worker with respect to the employment terms and conditions where fraud is of such magnitude without which the contract would not have been concluded.
The worker shall, before giving notice for termination of the contract of employment, request the employer in writing to remove the aforesaid breach or fraud during a period not exceeding 30 days from the date of submitting the request. If such period expires without meeting the worker’s request, he shall be entitled upon giving the aforesaid notice to terminate the contract of employment. Such termination shall be deemed as a termination of the contract without a lawful excuse by the employer if the worker’s claim is proven.
Therefore, if the employer violates then you can file a complaint in the labor office to terminate the work.
Without prejudice to any obligations specified by any other law, if the worker terminates the labour contract, he shall only be bound to compensate the employer in the following cases:
1- If termination occurs in a time not suitable to the work circumstances in such a way as the employer would be incapable to find a qualified replacement worker;
2- If termination was intended to cause the employer damages;
3- If termination caused the employer a serious damage.
In all cases, in order for the employer to be entitled to compensation the termination by the worker of the labour contract must have been made without abiding by the notice period obligation.
The competent court shall assess the compensation amount due on the employer in accordance with the provisions of this article upon his request.In all cases, an employer’s entitlement to compensation shall be conditional upon the worker’s termination of the contract of employment without complying with the notice period. The competent court shall estimate the compensation payable to the employer according to the provisions of this Article at his request.
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Abd Alhameed Kieshar
Lawyer
الأسئلة المجابة 42617 | نسبة الرضا 98.7%
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