Arbitrary Dismissal of a Worker before the Employer

Abstract

Abstract

This research sheds light on the illegal termination of the employment contract, so justice must be achieved and the contractual balance must be established between the two parties to the work contract and the achievement of common interests between them. The stronger party, so the law worked to give the worker the right to file a lawsuit to claim his rights as a result of unfair dismissal from work.

Especially in exceptional circumstances such as wars and epidemics (Corona is a model), as it worked to paralyze the movement of the labor market and companies and lay off many workers, whether by friendly or arbitrary methods, as legal compensation must be given to the affected worker.

The importance of this research is evident in the decisions of the employer and their compatibility with the rules and provisions of the Labor Law and the non-arbitrary use of his authority towards the worker and harm him unjustly, as the Labor Law works to protect the weak party in the contractual relationship, which is the worker.

We also find that the judiciary and the law dealt with the issue of arbitrary expulsion to terminate the contract on the part of the employer without the worker, which is the subject of discussion here as a result of emergency circumstances that require compensation for any damage to the right of the worker, and there are also cases of termination on the part of the worker.

Keywords: dismissal - abuse - worker - employer. Corona pandemic