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> GOVERNANCE - home > Employment protection legislation database - EPLex

Substantive requirements for dismissals


Jordan - 2013    

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Obligation to provide reasons to the employee: No
Remarks:
  • The LL does not require the employer to provide the reasons for termination. The party who intends to terminate the contract is only requested to notify the other party in writing of his or her intention to terminate the contract (art. 23 LL).


Valid grounds (justified dismissal): none
Remarks:
  • The LL does not list Art. 34 LC: a contract of employment may be terminated at any time at the will of either party provided previous notice is given.
    This does not result in a total freedom of the employer to terminate the contract: it must be understood in light of the existence of prohibited grounds.

    The LC provides for specific regime for dismissal on the grounds of serious misconduct (art. 36 and 37 LC) and on economic grounds (art. 40 LC).


Prohibited grounds: pregnancy; maternity leave; filing a complaint against the employer; race; religion; trade union membership and activities; performing military or civil service; language; lawfully taking leave
Remarks:
  • - The employer shall not terminate the services of an employee in any of the following cases:
    * from the sixth month of the employee's pregnancy or during her maternity leave.
    * the employee is performing military or reserve service.
    * the employee is on annual, sick leave or on leave granted for the worker's education, purposes of learning, pilgrimage, or on leave agreed by both parties to take up trade union office or studies in a recognized institute, college or university (art. 27 LL).

    - Race, language and religion are listed in the Constitution as prohibited grounds for discrimination. They are however not mentioned in the LL as prohibited grounds for dismissal.
    Art. 6 of the Constitution reads as follows: "(i) Jordanians shall be equal before the law. There shall be no discrimination between them as regards to their rights and duties on grounds of race, language or religion.
    (ii) The Government shall ensure work and education within the limits of its possibilities, and it shall ensure a state of tranquility and equal opportunities to all Jordanians."



Workers enjoying special protection: pregnant women and/or women on maternity leave; workers performing military/alternative service
Remarks:
  • Art. 27 LL: The LL prohibits the employer from terminating the employment of a pregnant woman from the sixth month of the employee's pregnancy or during her maternity leave and of an employee who is performing military or reserve service.


Saudi Arabia - 2017    

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Obligation to provide reasons to the employee: Yes
Remarks:
  • Sec. 75 LL: the contract can be terminated by either party for a valid reason to be specified in a written notice.


Valid grounds (justified dismissal): any fair reasons
Remarks:
  • Sec. 75 LL: "a contract of an indefinite term can be terminated by either party for a valid reason to be specified in a written notice".
    Sec. 80 LL: provides for a list of behaviours entailing dismissal without notice (dismissal for serious misconduct).


Prohibited grounds: maternity leave
Remarks:
  • No statutory provision on non-discrimination in the LL.
    Maternity leave: sec. 155 LL
    Note: dismissal during pregnancy is not prohibited. What is only prohibited is dismissal during illness resulting from pregnancy provided the absence of the worker does not exceed 180 days.


Workers enjoying special protection: pregnant women and/or women on maternity leave
Remarks:
  • Limited protection. No prohibition of dismissal of pregnant women as such: the prohibition only covers maternity leave (sec. 155 LL: 10 weeks period) and period of illness resulting from pregnancy or delivery provided it does not exceed 180 days (sec. 156 LL).


Syrian Arab Republic - 2013    

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Obligation to provide reasons to the employee: No

Valid grounds (justified dismissal): none
Remarks:
  • According to art. 56 LL, either party may terminate the unspecified-term contract provided they send the other party prior written notice of termination.
    However, this does not result in a total freedom of the employer to terminate the contract.


Prohibited grounds: marital status; pregnancy; maternity leave; family responsibilities; filing a complaint against the employer; race; colour; sex; religion; political opinion; nationality/national origin; trade union membership and activities; ethnic origin
Remarks:
  • Article 67(a) LL.


Workers enjoying special protection: pregnant women and/or women on maternity leave
Remarks:
  • Art. 57(a) LL provides that "no notice of termination shall be served upon female workers while on maternity leave, or upon workers while on leave. The notice period shall be calculated starting the day after the end of the leave or maternity leave."
    See also article 122 LL: No employer may dismiss a female worker or terminate her contract while on maternity leave.


United Arab Emirates - 2013    

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Obligation to provide reasons to the employee: No
Remarks:
  • Upon dismissal, the employer is not required inform the employees of the reasons for dismissal.


Valid grounds (justified dismissal): any fair reasons
Remarks:
  • 1) Ordinary dismissal (with notice)
    Art. 117(1) FLLR provides that either party may terminate an employment contract of indefinite duration for a valid reason at any time after the conclusion of the contract provided that the statutory notice requirements are observed.
    Art. 122 FLLR provides that a dismissal is considered arbitrary if it is grounded on a reason which is not related to the employee's work.
    Note that also redundancy is not referred to in the Law, it has been considered to be a valid reason for termination by the Courts.
    2) Summary dismissal (without notice):
    - In addition, according to art. 120 FLLR, the employer can dismiss an employee without notice in the following circumstances:
    (i) during the employee's probationary period;
    (ii) if the employee assumed a false identity or nationality, or otherwise submits false certificates or documents;
    (iii) if the employee has caused the employer to suffer a material loss (provided that the employer notified the Ministry within 48 hours of discovering such incident);
    (iv) if the employee fails to carry out instructions regarding industrial or workplace safety, provided that such instructions were in writing and posted in an accessible location or, if the employee is illiterate, he or she had been informed of them orally;
    (v) if the employee fails to perform his or her basic duties under the employment contract despite knowledge that he or she will be dismissed if such failure continues;
    (vi) if the employee reveals a 'secret of the establishment';
    (vii) if the employee is found guilty of an offence involving honour, honesty or public morals;
    (viii) if the employee is found, during working hours, in a state of drunkenness or under the influence of narcotic drugs;
    (ix) if the employee, during working hours, assaults his or her employer, manager or any colleagues; or
    (x) if the employee is absent from work, without valid reason, for more than 20 non-consecutive days in one year or more than seven consecutive days.

    Note that a FTC can only be terminated for one of the above listed reasons (those listed in art. 120 FLLR). If a FTC contract is terminated for reasons other than those enumerated in art. 120 of the law, the employer is liable to pay compensation which shall not be more that the wages due for 3 months or for the remaining period, whichever is shorter, unless otherwise provided in the contract (art.115 LC).


Prohibited grounds: filing a complaint against the employer
Remarks:
  • n particular, a termination
    shall be regarded as arbitrary if it is prompted by a formal complaint filed by the
    worker with the competent authorities or a legal action instituted against the
    employer that proved to be valid.


Workers enjoying special protection: workers on temporary leave following an occupational disease or a work injury; national employees
Remarks:
  • - UAE national employees:
    National employee account for a tiny proportion of the workforce in the private sector. [Some sources refer to 0.3%, (see:http://www.uaeinteract.com/docs/Emiratis_in_private_sector_make_0.3_percent_of_workforce/36439.htm) other to 7 % (see: http://story.arabherald.com/index.php/ct/9/cid/-e3942fd745a4fbc9/id/45389170/)]
    Article 1 of the Decision 176 states that dismissal of a UAE national employee will be regarded as "illegal" (literally "without legal ground") in one of the following four circumstances:
    On February 2009, a Ministerial Resolution No 176 restricting the conditions for dismissing a UAE national employees was adopted. This decision provides that the dismissal of a UAE national is unlawful in one of the following 4 circumstances:
    1) where the UAE employee is dismissed for reasons other than those mentioned in Article 120 of the FLLR (i.e for reasons other those allowing for summary dismissal);
    2) if it is proven that the employer retains a non-UAE national who is performing work similar to that performed by the dismissed UAE national;
    3) the employer failed to inform the Ministry of Labour 30 days prior to the dismissal, or failed to comply with the Ministry's instructions within the designated times; and
    4) if it is proven that the UAE employee was not paid the full compensation due to him and the payment of his full retirement benefits as specified in the Federal Law on Labour Relations, its implementing regulations, the contract of employment or any other contractually binding document.
    Art. 3 of that Decision sets out the consequence of a violation of the Decision as follows: if the Ministry of Labour considers that the termination of the UAE national was unlawful it will inform the employer as which will then have 15 days to resolve the dispute with the UAE employee according to the directives of the Ministry. If the employer fails to resolve the dispute within this period, the matter is referred immediately to the relevant court and the Ministry will put stop issuing new labour permits (requested by the employer) until the court renders a final judgment in the matter.
    (Note that the Ministerial Decision No. 176/2009 is not available in English but is summarized in Hadef and Partner, "Employment of UAE Nationals", 31 May 2009. The link to this article is provided below under "Scope of additional information")

    - Workers on temporary sick leave:
    The FFLR prohibits the dismissal of a worker on the ground that he or she is medically unfit to work before the worker exhausts all the periods of leave to which he entitled under the law (art. 124). Furthermore, an employer shall not dismiss a worker or serve a notice of dismissal while the worker is on annual leave or sick leave except in circumstances entailing summary dismissal (art. 90 FLLR).


Yemen - 2013    

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Obligation to provide reasons to the employee: No
Remarks:
  • No express obligation to inform the employee of the reasons for termination except in the event of disciplinary dismissal (for breach of duties) in which cases the employee is allowed to defend himself/herself against the allegations made in an interview with the employer (art. 96 and 97 LC).


Valid grounds (justified dismissal): economic reasons; worker's conduct; worker's capacity
Remarks:
  • - Art. 36 LC provides a list of situations which allow for termination with notice by either party, as follows:
    "(a) if one of the parties fails to observe the terms of the contract or labour legislation [= conduct and capacity related];
    (b) if work permanently ceases, either entirely or in part;
    (c) if there is reduction in the number of workers for technical or economic reasons [= economic reasons];
    (d) if the worker absents himself without a legitimate reason for more than 30 days within the same year or for 15 consecutive days, provided that termination of contract is preceded by a written warning from the employer after 15 days of absence in the former case and seven days in the latter [= conduct related] ;
    (e) if the worker reaches statutory retirement age;
    (f) if the worker is declared unfit to work by decision of the competent medical committee [= capacity related]".

    - In addition, art. 35(1) LC provides for a list of situations giving rise to summary dismissal (=without notice) by the employer. These situations mostly relate to the misconduct of the employee (assuming a fraudulent identity, state of inebriation, assaulting the employer or other employees, causing material loss, carrying a firearm, disclosing secrets). In addition, dismissal without notice is allowed if the worker fails to prove his competence for work during his probationary period and if the worker fails to fulfil basic obligations arising from his contract of employment. No further information given in the LC as to which situations are encompassed within the latter case.
    - Art. 93 LC provides for the possibility to impose dismissal as a disciplinary penalty if the worker commits "a breach of his duties as provided for in this Code or in his contract of employment".



Prohibited grounds: maternity leave; filing a complaint against the employer; temporary work injury or illness; race; colour; sex; religion; age; trade union membership and activities; language; participation in a lawful strike; lawfully taking leave
Remarks:
  • 1) Specific prohibitions of dismissal:
    * Article 37 LC provides a list of situations in which the employer is prohibited from terminating the employment contract, as follows:
    - during any of the worker's leave provided for in the LC [This includes maternity leave and sick leave];
    - during the investigation of a dispute between the employer and the worker, provided that such investigation shall not exceed four months, unless the worker commits another violation which requires his dismissal;
    - during the worker's detention by the competent authorities in connection with his work, pending a final decision in the matter.
    * Art. 142 LC prohibits dismissal in the course of settlement of proceedings.
    * Art. 148(2) LC prohibits a employer from dismissing a worker as a result of his/he participation in a lawful strike.
    * Art. 152 LC prohibits dismissal based on trade union activities. See also art. 10 of the Law No. 35 of 2002 on the organisation of Workers' Trade Unions which prohibits dismissal based on trade union membership and activities.
    2) Non-discrimination:
    * Art. 5 LC prohibits discrimination on grounds of sex, age, race, colour, beliefs or language.


Workers enjoying special protection: pregnant women and/or women on maternity leave; workers on temporary leave following an occupational disease or a work injury
Remarks:
  • Pursuant to Article 37(1) LC, dismissal of a worker is forbidden during any of the worker's leave provided for in the LC.
    * This protection covers maternity leave but not the entire period of pregnancy. The LC originally provided for a 60 day maternity leave (art. 45 LC). According to the latest amendment to the LC dated April 2008 (not available in English), women are now entitled to a 70 day maternity leave.
    * The protection against dismissal also covers workers in sick sick leave (for ordinary sickness and occupational disease and work injury regulated art. 80 to 83 LC).