إنهاء الخدمة
The Labour Code recognised the following types of contract termination as follows:
● Expiry of a fixed-term or a project based contract
● Termination of an indefinite-term contract by either party with notice
● Termination without notice for serious cause (gross misconduct)
● Termination for economic or technical reasons / closure (collective redundancies)
● Resignation by worker
For economic and technical dismissals:
● The employer must notify the Ministry of Labour one month before execution.
● Employers must consult the Ministry on the programming of dismissals, considering workers' seniority, specialization, age and family/social status;
● Dismissed workers enjoy a priority right for re-employment within one year if work resumes.
Gross misconduct
An employer may cancel the work contract without notice or indemnity if the worker;
● Assumes a false nationality or submits forged documents
● Fails to satisfy as a trainee within the first 3 months (probation period);
● Is convicted or deliberately causes material damage to the employer;
● Commits three serious breaches of internal rules in one year despite warnings;
● Assaults the employer or his representatives at the workplace;
● Without a valid reason, he absents
himself for over 15 days per year or 7 days consecutively;
● If he has been sentenced to one year imprisonment or more for a crime he has committed, or commits an offence at work, including refusal to execute a labour arbitration award or court decision.
Unfair dismissals
Article 50 of the Labour Code defines “abuse or excess in the exercise of the right to terminate” as arbitrary dismissal . Dismissal is considered arbitrary if, for example:
• It is for a non-valid reason unrelated to the worker’s aptitude, conduct in the enterprise, or the sound functioning of the establishment.
• It is due to the worker’s union membership or participation in legitimate union activities.
• It is because the worker has filed a complaint, legal action, or testified before the competent authorities.
• It is retaliation for the worker’s legitimate exercise of civil or political rights within legal limits.
• It violates specific protective provisions (e.g. pregnancy/maternity protection, union delegate protection).
In such cases, the worker is entitled to arbitrary dismissal compensation, in addition to any other legal
entitlements (severance pay / NSSF benefits, notice pay, leave, etc.):
• The labour arbitration council sets the amount, taking into account the type of work, age, length of service, family and health situation, and level of harm.
• The compensation, however, cannot be less than 2 months’ wages nor more than 12 months’ wages based on the last salary.
Source: §50-60 & 74 of the Labour Code of 1946, last amended in 2025; §344 of the Penal Code
