Termination of Employment Contract Without Notice or Compensation
Termination of Employment Contract Without Notice or Compensation
According to Article (107) of the Labor Law:
The employer may terminate the employment contract without notice or compensation in any of the following cases:
1. Impersonation and Forgery
Employee's impersonation of an incorrect identity or submission of forged certificates or recommendations.
2. Gross Error
Employee's commission of an error resulting in substantial material loss to the employer, provided the employer notifies the competent authorities of the incident within two working days of becoming aware of the severity of the material loss.
3. Non-Compliance with Instructions
Employee's failure to observe instructions to be followed for the safety of workers or the establishment despite written warning, provided the instructions are written and placed prominently in workplaces.
4. Repeated Absence
Employee's absence from work without legitimate reason for a period exceeding twenty intermittent days or ten consecutive days in one year, provided termination is preceded by written warning from the employer after employee's absence of ten days in the first case and five days in the second case.
5. Failure to Fulfill Obligations
Employee's failure to perform substantial obligations arising from the employment contract.
6. Disclosure of Secrets
Employee's disclosure – without written authorization from the employer – of secrets related to work.
7. Criminal Conviction
Issuance of final judgment against employee in a felony or misdemeanor affecting honor, trust, or public morals.
8. Influence of Drugs or Alcohol
Employee's presence during work hours in obvious state of intoxication or affected by narcotics consumed, or commission of act violating morals in workplace.
9. Assault
Employee's assault on employer or responsible manager, and likewise if serious assault occurs from him on one of the establishment's workers or one of its clients because of or during work.
10. Non-Compliance with Strike Regulations
Employee's failure to observe regulations legally established regarding exercise of right to strike.
11. Unsuitability
Employee becomes unfit to continue work under contract due to reason attributable to him such as cancellation of his work practice license or loss of qualifications entitling him to practice agreed work.
Legal Procedures
- Reasons and violations must be documented
- Written warnings must be retained
- Immediate notification to competent authorities when necessary
- Proper legal procedures must be followed
Legal References
- قانون العمل في القطاع الأهلي - المادة 107
حالات إنهاء عقد العمل دون إخطار أو تعويض
Frequently Asked Questions
When can an employer terminate contract without notice?
In 11 cases specified by Article 107 of the Labor Law, including forgery, gross error, repeated absence, and disclosure of secrets.
Must termination reasons be documented?
Yes, reasons and violations must be documented and written warnings retained to ensure legal procedure validity.
What procedures must be followed before termination?
Depending on the case, it may require prior written warning, or notification to competent authorities within a specified period, as in case of substantial material loss.
Is the employee entitled to compensation in these cases?
No, in cases mentioned in Article 107, the employee is not entitled to compensation or prior notice.
