Termination of Employment Contract and End of Service

Termination of employment contract and end of service benefits

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:

1. If the worker commits an error that results in a serious loss to the employer.
2. If the worker is found to have been employed as a result of fraud or fraud.
3. 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:

1. If he is finally convicted of a serious crime of honor, honesty or morality.
2. If he commits a violation of public morals in the workplace.
3. If there is an assault on one of his colleagues or the employer or his representative during or because of work.
4. If it breaches or defaults in any of its obligations under the terms of the contract and the provisions of this law.
5. 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 length of his / her service, his / her work, and the last wage received. To return to the worker any documents, certificates or tools he has deposited with him.
Section IV

97-55
in the system of working conditions

Chapter 55: Remuneration

Article 55

Wage refers to the basic wage that a worker receives or should be paid for his work and because of it plus all the elements stipulated in the contract or the employer’s regulations.

Without prejudice to the social allowance and the child allowance established in accordance with the aforementioned Law No. 19 of 2000, the remuneration, remuneration, allowances, grants, benefits or remuneration received shall be included in the wage calculation.

If the employee’s wage is set at a share of the net profits and the enterprise does not make a profit or makes so little profit that the employee’s share is not commensurate with the work he has done, his wage should be estimated on the basis of the wage of the profession or the custom of the profession.

Article 56

Wages shall be paid on a working day in the currency of the currency taking into account the following:

(A) Workers recruited on a monthly salary whose wages are paid at least once a month.
(B) Other workers shall be paid at least once every two weeks.

Payment of wages shall not be delayed from the seventh day of the due date.

Article 57

The employer who employs his workers in accordance with the provisions of this law shall pay the employees’ entitlements in their accounts with the local financial institutions and send a copy of the statements sent to these institutions to the Ministry of Social Affairs by the Ministry of Social Affairs and the Ministry of Social Affairs. And the financial rules of these accounts in terms of expenses, commissions, Regulatory bodies in this regard.

Article 58

An employer may not transfer a monthly wage worker to another category without his written consent, without prejudice to the rights acquired by the worker during the period of his monthly wage.

Article 59

(A) No more than (10 per cent) of the wage of the worker shall be deducted in fulfillment of debts or loans due to the employer and the latter shall not receive any interest.

B- The wage payable to the employee or his deduction or deduction thereof shall not be reserved except within the limits of (25%) of the wage, for alimony, food, clothing or other debts, including the debt of the employer and when the debt is incurred. .

Article 60

The worker may not be obliged to purchase food or goods from certain shops or from the products of the employer.

Article 61

The employer shall be obliged to pay the wages of his workers during the period of closure if he intends to close the establishment to compel the workers to comply with his demands, as well as to pay the wages of his workers for the duration of the disruption of the wage.

Article 62

The wages of the worker shall be taken into account in the calculation of the last wage.

The assessment of monetary and in-kind benefits shall be divided by dividing the average of what the worker has earned during the last twelve months of the entitlement. If his service period is less than one year according to the average percentage of what he spent in the service, the wage of the worker may not be reduced during the period of his work for any reason.

Article 63

The Minister shall issue a decision every five years as a maximum setting the minimum wage according to the nature of occupations and industries, guided by the inflation rates witnessed in the country, after consultation with the Advisory Committee for Labor Affairs and the competent organizations.