1) Individual employment contract:
1. Is the worker entitled to obtain an employment contract?
Yes … the worker is entitled to obtain the employment contract
concluded between the two
parties and issued and attested by the ministry of labor signed by the
two parties as the
employment contract shall be in writing and each of the worker and
employer shall have a
copy respectively.. And the approved language in the state is the
Arabic language. In case the worker does not receive the employment
contract, he shall resort to the ministry of labour.
2. If the employment contract has not been issued from the ministry,
can I prove my service
with employer or not?
Evidence shall be conducted by the legal evidence means … for example:
internal contract
concluded between the two parties, appointment letter, payment
statement or book of
attendance and going out of the work ……….. etc. , if the worker has
one of them.
3. What is the necessary information that shall be available in the
employment contract?
The employment contract shall contain the following:
- Date of signing the contract.
- Date of starting the work
- Type of the contract, either it is (a limited or unlimited contract)
- Place of signing the contract
- Period of the contract: if it is a limited contract there shall be
a date of the
commencement and end of the contract. In the unlimited contract only
the commencement
shall be mentioned therein.
- Amount of the payment: the basic salary, allowances and bonuses
shall be specified
- Occupation
Note: if there are any other conditions agreed upon between the
parties of the contract to
be added at the date of signing the contract provided that they are
not in contradiction with
the labor law
4. How long the period of probation that shall be approved in the
contract of
employment?
Article (37):
The worker shall be appointed under a probation period, which shall
not be more than six
months. This period shall not be extended for another one.
5. Is it permitted to exclude the probation period?
Yes it is as the probation period is optional.
6. Is it permitted to reduce the probation period?
Yes it is. But the probation period shall not exceed (6) months.
7. Is the employer entitled to dismiss the worker during probation
period?
Yes he is. As this period is given to the employer to evaluate the
worker's performance. Therefore, he is entitled to dismiss the worker during this period
without a notice and
without end of service benefit.
8. If the worker has passed the probation period, does this period is
calculated
within service period?
This period shall be calculated when the worker successfully passed it
and continued the
service.
Important: (is the period of visit calculated within period of
service?)
Legally, it is.
9. What are the types of employment contracts?
Types of employment contracts:
First: Limited Contract
Second: Unlimited Contract
First : Limited Contract:
10. What is the limited contract? Article (38):
It is the contract the period of which has been specified, and it
shall not exceed (4) years. Such contract may be extended by agreement of the two parties for less
period once or
several times.
It is usually the limited employment contract to be for a period of
(3) years in order to
conform with the labor card and the period of residence.
Example: to be printed in the contract: (the limited contract)
started from 10/ 10/ 2005 to
9/ 10/ 2008. i.e. it has a date of commencement and date of expiry.
11. Is the period after renewal of the contract considered as an
extension to the
original one, or each contract is calculated separately?
The said period is considered as an extension to the original one and
calculated within the
total period of the worker.
Example: a limited contract, the contract which began in 4/ 4/ 2004
and expired at 3/ 4/2007 and it was renewed for another (3) years so that the concluded
contract is expires at
3/ 4/ 2010.
At this example, the period of service shall be calculated since the
beginning of his work
with the employer in 4/ 4/ 2004 up to the last day of work.
Second: The Unlimited Contract:
12. What is the unlimited contract?
Article (39):
The unlimited contract is concluded in the following case:
- If it is not written namely (there is no contract issued between
the two parties)
- If it is concluded for unlimited period example: the unlimited
contract of employment
starts at the date of (2/5/ 2007) to (..) i.e there is no expiry date.
- If the concluded contract is a written contract with a limited
period and they
continued in execution of the contract after its expiry or end of its
period without a written
agreement the contract is deemed limited and it was renewed for one
year and after
end of the renewed period the contract shall be considered unlimited
contract.
As it is obvious, the clause (b) in all employment contracts issued
from the ministry of labor
provides for the following:
"The limited contract shall be expired at the expiration of its
period. If the two parties
continued in its execution, it shall be considered renewed for one
year as from date of expiry of
the contract and with the same conditions therein" .
- If the contract is concluded for performance of a certain work with
no limited period and
it is, according to the nature of the work, renewable, and the
contract continued between
them after end of the work agreed upon between them.
Example: an engineer entered into a contract with an employer for
completion of a
certain project the period of completion of the project has not been
specified after
the end of the project, the engineer continued in the work with the
employer ( here, the
contract is
considered unlimited because the contract did not specify a certain
limited period for its
expiry ).
If the employer terminates the contract for
reasons other than those specified in Article 120 of the Law, he will
be liable to pay compensation to the employee. This compensation is
determined on the basis of the wages due for a period of three months
or for the remaining period of the contract, whichever is less, unless
an article in the contract states otherwise.
If the contract is terminated by the employee for
reasons other than those stipulated under Article 12l of the Law, the
employee will be liable to compensate the employer against any loss
resulting from the termination. The amount of compensation payable is
calculated on the basis of the employee’s salary for one month and a
half or the salary payable for the remaining period of the contract,
whichever is less, unless the contract states otherwise.
13- What about the limited contract the period of which was expired
and the contract was
not renewed, but the worker continued in the work?
The Article (40).
The original contract is deemed a limited contract and renewed
explicitly for one year
under the same conditions provided therein.
This is What is provided in the clause (b) in all employment contracts
issued from the ministry
of labor, which provides for the following:
"The limited contract shall be expired at the expiration of its
period. If the two parties
continued in its execution, it shall be considered renewed for one
year as from date of expiry of
the contract and with the same conditions therein" .
14- What about the worker who works with a sub- contractor or in a
(sub- contract)?
Article (41):
If the employer agreed with another employer (contractor of works) by
a contract
concluded between them called (sub- contract) and the first party's
workers shifted to the
second party (the second employer) the second employer shall be
responsible for the rights
of those workers And according to the international work
agreements: The main employer and
sub- employer shall be both liable for the rights of the workers
jointly and severally.
And in the practical fact, the damaged party shall submit a complaint
against the original
employer.
15- is there any difference between the contract of those working in
education and other
contracts?
Yes there is, as the contracts of education have a special nature and
special conditions. These contracts are issued under coordination between the ministry of
labor and ministry of education and the person who has enquiry shall first resort to the
ministry of education.. then, to the ministry of labor, in case there is a dispute .
16- How the teacher's leave is calculated?
Contracts of education have special conditions and special rules
because they are issued
from the ministry of labour and ministry of education; therefore, the
person who has enquiry
shall first resort to the ministry of education then, to the ministry
of labor, in case there is a
dispute.
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