Work Relations (Labor Law)

v  A Worker (Employee) is:

Ø any natural person;

Ø  working for an employer and under his management or supervision;

Ø  for a salary (wage).

v  An Employer:

Any natural or legal person employing one or more workers for a salary.

v Basic Wage:

 All that is paid to the worker for his work according to the work contract, such as: housing and transportation benefits.

v Actual Wage:

The basic wage plus all other benefits according to the work contract, such as:

Ø  Commissions;

Ø  Extra effort or risk allowances;

Ø  Grants or rewards.

v Work contract:

Ø  The work contract should be in two copies, one with each party.

Ø  Work contract shall be deemed to exist even if it is not written. The  existence of the work contract can be proved by various ways.

Ø The worker may be subjected to a probation period (test) of not more than (90) days.

v  Term of Contract

Ø Work contract can be of a fixed-term (1,2 ,… years).

Ø A Fixed-term contract terminates upon the expiration of its term.

Ø  If the two parties continue to execute the fixed-term contract after its expiry, it shall become an unfixed-term contract, and shall be deemed renewed for an indefinite period of time.

v  Employers’ Duties:

Ø  The Employer shall:

§  refrain from using the worker without salary.

§  not withhold the worker’s salary nor any part of it without a legal reason.

§  treat the workers with due respect.

§  give the worker, upon request and free of charge, a certificate of experience.

v  Worker’s Duties

Ø  The Worker shall:

§  perform the work according to the employer’s instructions.

§  take due care of the employer’s machinery and materials.

§  abide by proper conduct and ethics.

§  keep confidential all technical, trade and industrial secrets related to the work.

v  Penalties

Ø  Warning.

Ø  Fines.

Ø  Withholding or postponing allowance for not more than one year.

Ø  Postponement of promotion for not more than one year.

Ø  Suspension from work and withholding of salaries.

Ø  Dismissal from work.

v  Penalties

Ø  A penalty cannot be imposed on a worker without notifying him in writing of the allegations, interrogating him and hearing his defense.

Ø  A worker may not be accused of any violation after the elapse of more than (30) days from the date its discovered.

v  Termination of Work Contract:

The work contract may terminate:

Ø  If both parties agree to terminate it.

Ø  If the term specified in the contract expires.

Ø  at the discretion of either party in indefinite term contracts.

Ø  If the worker reaches the age of retirement (60).

Ø  for circumstances beyond control. (Force majeure).

Ø   If the contract is of an indefinite term, either party may terminate it for a valid reason.

Ø   A written 30-days notice should be served to the other party prior to the termination date.

Ø  Otherwise a compensation equals to the worker’s salary for the duration of the notice should be paid.

v Termination without Notice or Compensation:

Ø  An employer may not terminate the contract without a notice, an award or compensation  except in the following cases:

§  If the worker assaults his employer.

§  If the worker fails to perform his essential obligations.

§  If the worker has committed a misconduct.

§  If the worker deliberately commits any act or default with the intent to harm the employer.

§   If the worker was hired on probation.

§   If the worker discloses work related secrets.

§   If the worker unlawfully takes advantage of his position for personal gain.

§   If the worker is absent without valid reason for more than (20) days in one year or for more than (10) consecutive days.

v Resignation without notice:

Ø  A worker may leave his job without notice in any of the following cases:

§ If the employer fails to fulfill his essential contractual obligations.

§ If the employer resorts to fraud at the time of contracting.

§ If the employer asks the worker, without his consent, to perform a work essentially different from the work agreed on.

§   If the employer assault or commits an immoral act against the worker.

§  If a serious danger exists in the workplace that threaten the safety of the worker.

v  End of Service Award

Ø  The worker is entitled to an end of service award for the time he has spent on the job.

Ø  The end of service award shall be calculated on the basis of the last salary.

Ø  End of Service Award shall be:

q  ½ month salary for each of the first five years.

q  one month salary for each of the following years.

Ø  End of service award in case of the worker’s resignation:

q 1/3 of the award after a service of not less than (2) consecutive years and not more than (5) years.

q 2/3 if the service is more than (5) consecutive years and not more than (10) years.

q Full award if the service is 10 or more years.

Ø  The worker shall be entitled to the full award if he leaves the work due to a circumstances beyond his control.

Ø  It may be agreed that the end of service award does not include all or some of the commissions or sales percentages.

v  Leaves:

Ø  A worker shall be entitled to a paid annual leave of not less than (21) days.

Ø  If the worker spends (5) consecutive years or more in service the annual leave shall not be less than (30) days.

Ø  A worker should enjoy his leave in the year it is due.

Ø   A worker may not give up his leave or receive cash instead during his service.

Ø  A worker may, with the employer’s approval, postpone his annual leave to the following year.

Ø  A worker shall be entitled to a paid leave of:

q  (1) day for child birth.

q  (3) days for marriage.

q  (3) days for the death of a spouse or one of his ascendants (fathers/mothers) and descendants (sons /daughters).

Ø  Supporting documents may be requested.

v  Working Hours

Ø A worker may not work for more than 8 hours a day, or more than 48 hours a week. (with some exceptions).

Ø A worker shall not work for more than (5) consecutive hours without a break of no less than (30) minutes.

Ø A worker shall not remain at the workplace for more than eleven hours a day.

Ø If the worker works overtime, the employer shall pay him an additional amount equal to the normal hourly wage plus 50% of his basic wage.