Individual employment contract
27.
Chapter I: Composition of the employment contract
Article 27
Those who have reached the age of fifteen years are eligible to enter into a contract of employment.
Article 28
The contract of employment shall be fixed in writing and shall indicate in particular the date of the conclusion of the contract, the date of its entry into force, the value of the wage and the duration of the contract, if the term is fixed, the nature of the work, and three copies are copied and copied. Work in an editor The contract is deemed to exist and the worker may in this case prove his right in all ways of proof.
Whether the employment contract is fixed-term or indefinite, the wage of the worker may not be reduced during the validity of the contract. Any agreement prior to the validity of the contract or subsequent to its validity shall be deemed to be absolute nullity in relation to the public order.
The employer may not entrust the worker to perform work incompatible with the nature of the work set out in the contract or disproportionate to the qualifications and experience of the worker on which the contract was contracted.
Article 29
All contracts shall be written in the Arabic language and a translation may be added in one of the other languages, taking into account the Arabic text in case of any dispute. The provisions of this article shall apply to all correspondence, bulletins, regulations and regulations.
Article 30
If the contract of employment is of a fixed duration, the duration of the contract shall not be more than five years and not less than one year.
Article 31
If the contract of employment is of a fixed duration and the parties continue to implement it after the expiry of its term without renewal, it shall be deemed to be renewed for a similar period and under the conditions set forth therein, unless the parties agree to renew it under other conditions and in any case whatsoever.
Chapter 32 : Obligations of the Worker, the Employer and the Disciplinary Expertise
Article 32
The period of worker’s experience in the employment contract shall be determined provided that it shall not exceed one hundred working days and that either party to the contract shall terminate it during the trial period without notice. If the termination by the employer is obliged to pay the end of service indemnity to the employee for the period of his employment in accordance with the provisions of this law.
The worker shall not be employed under the experience of the employer more than once, and the Minister shall issue a decision regulating the conditions and controls of work during the trial period.
Article 33
If the employer entrusts another to perform any of his work or any part of the subcontract, and that is in one working condition, the person entrusted with the work must reconcile his workers with those of the original employer in all rights with us.
Article 34
The contracting employer is obliged to implement a government project or employ its workers in areas far from urbanization to provide suitable accommodation for workers as well as means of transportation to areas far from urbanization without charge and in the absence of providing them with suitable housing. Housing allowance.
In all other cases where the employer is obliged to provide housing for his workers, the provisions of the decision provided for in the preceding paragraph concerning the appropriate housing conditions and the determination of housing allowance shall apply.
Article 35
The employer shall place in a visible place at the workplace the list of penalties that may be imposed on the offending workers and the preparation of the sanctions regulations shall take into account the following:
A) Determine the violations that may occur from the workers and determine the penalty for each of them.
B) Include gradual penalties for violations.
C) No more than one penalty shall be inflicted for one violation.
(D) The worker shall not be punished for any act committed by him and has passed fifteen days from the date of his confirmation.
(E) The penalty shall not be imposed on the worker for an act committed outside the workplace unless he has a relationship with the work.
Article 36
The employer must approve the sanctions list before applying them from the Ministry. The Ministry may amend it according to the nature of the activity of the establishment or the working conditions in accordance with the provisions of this law.
The Ministry shall submit these regulations to the competent organization, if any. If the competent organization does not exist, the General Union shall have recourse to its observations and suggestions on these regulations.
Article 37
A penalty shall not be signed on the worker unless he has been informed in writing of what is attributed to him and his statements are heard and his defense has been proved.
Article 38
The deduction of the employee’s wage shall not be carried out for a period exceeding five days per month.
Article 39
The worker may be suspended for the benefit of the investigation conducted by the employer or his deputy for a period not exceeding ten days.
Article 40
The employer shall place the proceeds of the deduction from the wages of his workers in a fund to be used for the disbursement of social, economic and cultural aspects that benefit the workers and restrict the deductions of the deductions on the worker in a special record. In the case of liquidation of the enterprise, the proceeds of the discount in the Fund shall be distributed to the workers in the Fund at the time of liquidation at the rate of service of each of them.
The Minister shall issue a decision regulating the fund referred to and the method of distribution.
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Chapter III: Termination of Employment Contract and End of Service Benefit
Article 41
Subject to the provisions of Article (37) of this Law
(A) An employer may dismiss a worker without notice, compensation or remuneration if the worker commits one of the following acts:
- If the worker commits an error that results in a serious loss to the employer.
- If the worker is found to have been employed as a result of fraud or fraud.
- If the worker divulges the secrets of the facility causing or would cause a loss.
B) The employer may dismiss the worker in one of the following cases:
- If he is finally convicted of a serious crime of honor, honesty or morality.
- If he commits a violation of public morals in the workplace.
- If there is an assault on one of his colleagues or the employer or his representative during or because of work.
- If it breaches or defaults in any of its obligations under the terms of the contract and the provisions of this law.
- If he / she is found to have repeatedly violated the employer’s instructions.
In such cases, the dismissal does not entail the denial of the end of service indemnity.
(C) A worker who is dismissed for one of the cases mentioned in this article shall have the right to appeal the dismissal decision before the competent labor department in accordance with the procedures stipulated in this law. If, by virtue of a final judgment, the employer is entitled to appeal to the competent employer. And literary.
In all cases, the employer must notify the Ministry of the dismissal decision and its reasons. The Ministry shall inform the restructuring apparatus of the workforce.
Article 42
If the employer entrusts another to perform any of his work or any part of the subcontract, and that is in one working condition, the person entrusted with the work must reconcile his workers with those of the original employer in all rights with us.
Article 43
If the worker is imprisoned for an indictment by the employer, or in execution of an infinite judicial judgment, he shall be considered suspended and the employer may not terminate his contract unless he is convicted by a final judgment.
If an acquittal is rendered on the charge or charges that the employer has assigned to him, the employer shall be obliged to disburse his wages for the duration of his stay, with just compensation provided by the court.
Article 44
If the contract of employment is of unlimited duration, both parties may terminate it after notifying the other party of the following:
(A) At least three months prior to the termination of the contract for workers on a monthly wage.
(B) At least one month before the termination of the contract with respect to other workers.
C) If the notice is given by the employer, the employee is entitled to a full day of absence per week or eight hours during the week in order to search for another work with entitlement to pay for the day or hours of absence.
The worker shall determine the day and hours of absence provided that the employer shall be notified at least on the day preceding the absence.
(D) The employer may relieve the worker from work during the notice period and calculate the period of service of the worker shall continue until the expiration of that period, with all the effects thereof, especially the entitlement of the worker to the notice period.
Article 45
The employer shall not use the right to terminate the contract entrusted to him under the preceding article while the worker is entitled to any of the leave stipulated in this law.
Article 46
A worker shall not be terminated unjustifiably or because of his trade union activity or because of his claim or enjoy his legitimate rights in accordance with the provisions of the law. Worker’s service may not be terminated on the basis of sex, origin or religion.
Article 47
If the contract of employment is of a fixed term and is terminated by one of the parties without the right to indemnify the other party for the damage suffered, the amount of compensation shall not exceed the equivalent of the wage of the worker for the remaining period of the contract and take into account the proportion of the work. Considerations that affect the damage in terms of its existence and extent, and deduct from the value of compensation any debt that may be owed to the other party.
Article 48
The Worker may terminate the employment contract without notice and shall be entitled to end of service benefits in any of the following cases: a
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(B) If he is attacked by the employer or his representative or instigated by either of them.
(C) If his continued work threatens his safety or health by a decision of the Medical Arbitration Committee of the Ministry of Health.
(D) If the employer or his representative enters fraud or fraud at the time of contracting with respect to the working conditions.
If the employer accuses him of committing a punishable act and a final judgment of his innocence.
F- If the employer or his representative commits an order that violates the employee’s morals.
Article 49
The employment contract terminates when the worker dies or is unable to perform his work or because of a sickness that has exhausted his sick leave. This shall be attested by a certificate approved by the competent medical authorities.
Article 50
The employment contract expires in the following cases:
(A) A final judgment on the bankruptcy of the employer;
B) Final closure of the facility.
If the enterprise is sold, incorporated in others, transferred by inheritance, donation, or other legal acts, the employment contract shall apply in the face of the successor to the same conditions contained therein, and the obligations and rights of the employer shall be transferred to the employer.
Article 51
The employee shall be entitled to end of service benefits as follows:
(A) Ten days ‘salary for each of the first five years of service and fifteen days for each of the following years, so that the remuneration shall not exceed one year’ s salary for workers who are paid daily, weekly, or weekly.
(B) Fifteen days ‘wages for each of the first five years and one month’s wages for each of the following years so that the total remuneration shall not exceed one and a half years’ wages for the workers who receive their wages per month.
The worker shall be entitled to a fraction for the year in respect of the amount spent on work and shall be deducted from the end of service benefit due to the worker for any debts or loans that may be incurred.
This shall take into account the provisions of the Social Insurance Law, provided that the employer is obliged to pay the net difference between the amounts paid by the worker for social insurance contributions and the amounts payable for the end of service benefits.
Article 52
Subject to the provisions of Article (45) of this Law, the Worker shall be entitled to the end of service remuneration provided for in the preceding Article in the following circumstances:
If the contract is terminated by the employer.
(B) If the fixed-term contract expires without being renewed.
C) If the contract expires in accordance with the provisions of Articles (50,49,48) of this Law.
If the worker terminates the contract on her part because of her marriage within one year from the date of marriage.
Article 53
The employee shall be entitled to half of the end of service indemnity provided for in Article 51 if he terminates the contract of unlimited duration on his part, and his service period is not less than three years and has not reached five years if she reaches the age of five. His tenure of service is ten years and is payable in full.
Article 54
A worker who has completed his or her employment contract is entitled to obtain from the employer an end-of-service certificate that includes a statement of the duration of his / her service, his / her work and the last remuneration. This certificate may not include any statements that may offend the employee’s employment or any form of employment To return to the worker any documents, certificates or tools he has deposited with him.
