كيفية مطالبة صاحب العمل بالتعويض عن الفصل التعسفي

Dear Questioner,

The starting date is based on the first actual date of work. It is usually the date stated in the appointment letter or proofed by receiving the first salary.

As per Article 120 of the Labour Law, your employer can terminate your employment contract if any of the below actions were taken by you.

"1- adopts a false identity or nationality or if he submits forged documents or certificates

2- is appointed under a probationary period and dismissal occurred during or at the end of said period

3- commits an error causing substantial material loss to the employer, provided that the latter advises the labour department of the incident within 48 hours from having knowledge of the same

4- violates instructions concerning safety of the place of business provided that such instructions are displayed in writing at conspicuous places or verbally informed to an illiterate employee

5- fails to perform his basic duties under the employment contract and persists in violating them despite formal investigation with him in this respect and warning him of dismissal if the same is repeated

6- divulges any secrets of the establishment where he is employed

7- is awarded a final judgement by the competent court in respect of an offence prejudicing honour, honesty or public morals

8- during working hours, is found drunk or under the influence of prohibited drugs

9- in the course of his work, commits an assault on the employer, the manager or any of his colleagues

10- absents himself without lawful excuse for more than 20 intermittent days or for more than 7 successive days during one year."

If you think you can prove that your employer is unlawfully accusing you, you can submit a claim for arbitrary dismissal.

Good Luck.