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> GOVERNANCE - home > Employment protection legislation database - EPLex

Avenues for redress (penalties, remedies) and litigation procedure for individual complaints


Jordan - 2019    

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Compensation for unfair dismissal - free determination by court: No

Remarks:
  • Art. 25 LL sets out legal limits on the compensation to be paid to the employee in the event of arbitrary dismissal (see below).
    As amended in 2010, Article 25 LL provides that “If a worker institutes judicial proceedings within 60 days of his dismissal, and the competent court finds the dismissal arbitrary and in violation of the provisions of this Code, the court may order the employer to reinstate the worker in his former job or pay him compensation equal to half of the monthly remuneration for each year of service provided that the amount shall not be less than the worker's remuneration for two months, in addition to compensation in lieu of notice and other entitlements stipulated in sections 32 and 33 of this Code, and the compensation shall be calculated on the basis of the last remuneration he received.”

Compensation for unfair dismissal - Legal limits (ceiling in months or calculation method):
Compensation following any dismissal which is arbitrary and violates the provisions of the LL shall be half of the monthly remuneration for each year of service provided that the amount shall not be less than the worker's remuneration for two months, in addition to compensation in lieu of notice and other entitlements stipulated in the law (including the end of service termination).

Remarks:
  • Art. 25, as amended in 2010 LL.
    New in 2010: prior to the 2010 amendment, compensation was set as follows: at least 3 months' wages but not more than 6 months' wages.

Reinstatement available: Yes

Remarks:
  • Art. 25 LL: remedy for arbitrary and unlawful dismissal shall be either reinstatement or compensation.

Preliminary mandatory conciliation: No

Remarks:
  • No statutory provision found in the legislation reviewed.
    Preliminary conciliation is only foreseen in the settlement of collective labour disputes (see art. 120-123 LL)

Competent court(s) / tribunal(s): ordinary courts

Remarks:
  • Art. 137 A) LL: The Magistrate Court (ordinary civil court) exercises jurisdiction over individual labour disputes with the exception of disputes related to wages in the areas where there is no "Remuneration Authority".

    Under the Jordanian labour disputes settlement system, the labour court is an ad hoc organ, constituted by three regular judges delegated by the judicial council for this purpose upon the requirement of the minister of labour. It is only competent to hear collective labour disputes, and will do so if the conciliation board has failed to settle the case (art. 124 LL).

Existing arbitration: No

Remarks:
  • No statutory provision found in the legislation reviewed.

Length of procedure: 3 month(s) (statutory)

Remarks:
  • Art. 137 A) LL: the settlement of the case shall be made within three months as from the day it has been referred to the Court.
    Appeal shall be lodged within 10 days and decided by the Court of appeal within 30 days. (art. 137 B) LL)

Saudi Arabia - 2017    

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Compensation for unfair dismissal - free determination by court: Yes

Remarks:
  • Art. 77 LL: "If the contract is terminated for an invalid reason, the party who is harmed by such termination shall be entitled to indemnity to be assessed by the Commission for the Settlement of Labor Disputes, taking into account the termination circumstances and actual and potential material and moral damages sustained".

Reinstatement available: Yes

Remarks:
  • Art. 78 LL.

Preliminary mandatory conciliation: Yes

Remarks:
  • Prior to referrimg any dispute to the Commission (acting as a Labour Court), it shall be brought to the labour office which shall attempt to settle it amicably (art 220 LL).
    No information available as to any mandatory conciliation before the Commission for the Settlement of Labour Disputes.

Competent court(s) / tribunal(s): labour court

Remarks:
  • Art. 77 LL & art. 210 to 228 LL on labour disputes settlement.
    The competent body is the Commission for the Settlement of Labour Disputes which is part of the judiciary.
    The Commission can only be seized after the amicable settlement before the labor office has failed.

Existing arbitration: Yes

Remarks:
  • Art. 224 LL: The parties can agree to settle the dispute through arbitration.

Syrian Arab Republic - 2013    

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Compensation for unfair dismissal - free determination by court: No

Compensation for unfair dismissal - Legal limits (ceiling in months or calculation method):
1) Dismissal based on prohibited reasons:
If the court deems that reinstatement is impossible, unpractical or inappropriate, it shall order compensation equal to 2 months' wages for each year in service, provided that the total amount does not exceed 200 times the minimum wage.

2) Unfair disciplinary dismissal:
When the employer fails to prove that the worker committed any of the acts entailing summary dismissal referred to in art. 64, the worker is entitled to compensation equal to 2 months' wages for each year of service, provided that the total amount does not exceed 150 times the minimum wage.

Remarks:
  • - Dismissal based on prohibited reasons: see art. 67
    - Unfair summary dismissal: see art. 65 LL

    See also art 208(d) which provides that: If the worker brings a dismissal dispute to court, the court shall, during litigation, order the employer to pay the worker 50% of his/her monthly wage, provided that such payment does not exceed the minimum wage payable for his occupation and does not exceed one year.

Reinstatement available: Yes

Remarks:
  • Art. 209 LL: the employer shall be ordered to pay compensation to the worker unless he or she accepts to reinstate the worker.

    However, under art. 67 LL, if the unfair dismissal was based on prohibited grounds (i.e trade union activities, lodging a complaint against the employer, discriminatory grounds...), the court shall order the reinstatement of the worker in addition to his/her full wages for the entire interruption period.
    If the court deems that reinstatement is impossible, unpractical or inappropriate because the employer refuses to reinstate the worker or the worker refuses to resume work, it shall order compensation in lieu of reinstatement except if the dismissal was connected to the worker's trade union activities or electoral activities.

Preliminary mandatory conciliation: No

Remarks:
  • No preliminary mandatory conciliation.
    However, under art. 208 LL, in the event of a dismissal dispute, the worker or the trade union concerned may, upon request of the worker, solicit mediation by the Directorate of Social Affairs and Labour, within ten days of being notified the dismissal or dismissal notice.
    The directorate acts as a mediator between the employer and the worker, and attempts to settle the dispute within no later than one month. If mediation fails, the worker is entitled to go to court.

Competent court(s) / tribunal(s): labour court

Remarks:
  • Article 205 LL: A primary civil court shall be created in each governorate by decision of the Minister of Justice and shall consist of:
    1) A primary magistrate appointed by the Minister of Justice (chairman)
    2) A representative of the trade union association, appointed by the executive bureau of the GFTU (member).
    3) A representative of employers, appointed by the Federation of Chambers of Industry, Commerce, Tourism or Cooperatives (as the case may be) to examine labour disputes between workers and employers (member).

Existing arbitration: Yes

Notes / Remarks
In June 2013, the minimum wage in Syria is around SYP 9765 (around 152 USD) [Source: Doing Business - World Bank]

United Arab Emirates - 2013    

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Compensation for unfair dismissal - free determination by court: No

Remarks:
  • Art. 123 FLLR.

Compensation for unfair dismissal - Legal limits (ceiling in months or calculation method):
Maximum 3 months' wages calculated on the basis of the worker's last wages.

Remarks:
  • See art. 123 FLLR

Reinstatement available: No

Remarks:
  • The FLLR does not provide for reinstatement.
    However, some sources state that the dismissal of a UAE national employee in violation of the terms of the Ministerial Decision No 176 of 2009 may entail reinstatement although not expressly provided in that Decision. 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.
    (see for instance, Latham & Watkins, "Employment Issues in the United Arab Emirates", October 2009, p.4, available at: http://www.lw.com/upload/pubContent/_pdf/pub2801_1.pdf)

Preliminary mandatory conciliation: Yes

Remarks:
  • See art. 6 FLLR: the dispute shall be first brought to the
    Labour Department which handles a conciliation process. If no amicable settlement is reached, the Labour Department will refer the dispute to the Court within 15 days from the date of submission.

Competent court(s) / tribunal(s): ordinary courts

Existing arbitration: No

Remarks:
  • Arbitration is not available for the settlement of individual disputes. However, in the event of a collective dispute, if no settlement is reached before the Labour Department during the mediation process, the dispute is then referred to the Conciliation Board which shall issue a decision on the dispute. The decision of the Conciliation Boards can be appealed before The Supreme Arbitration Committee (see arts. 158-161 FLLR)

Length of procedure: 1 year(s)

Remarks:
  • Info found in secondary sources:
    In case of an individual labour dispute, the conciliation phase before the Ministry of labour generally takes 2-4 weeks.
    When the case is referred to the Court of first instance, it generally takes one year to be adjudicated.
    If the employee appeals the decision of the Court of Instance and goes to the Court of Cassation, the process is longer: generally additional 2 years.
    (See: The International Comparative Legal Guide to: Employment & Labour Law 2011, "United Arab Emirates", (Chap. 32) by Alfridi & Angel, available at: http://www.iclg.co.uk/khadmin/Publications/pdf/4385.pdf

Yemen - 2013    

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Compensation for unfair dismissal - free determination by court: No

Compensation for unfair dismissal - Legal limits (ceiling in months or calculation method):
Max. 6 months' wages in the event of arbitrary dismissal.

Remarks:
  • Art. 39 LC. The worker is also entitled to such compensation if he or she unilaterally terminates the contract without notice due to the misconduct of the employer (i.e assault, commission of morally offensive acts, employer's negligence in the event of serious threat to the worker's safety...) in accordance with art. 36(2) LC.

Reinstatement available: No

Remarks:
  • No provision on reinstatement in the LC.

Preliminary mandatory conciliation: Yes

Remarks:
  • See art. 129 LC:
    1. Both parties to a dispute or their representatives shall meet in order to attempt to settle the dispute amicably through negotiation for a maximum period of one month.
    2. If amicable settlement fails, the matter shall then be referred to the Ministry which shall summon the parties with a view to settling the dispute within a period not exceeding two weeks as from the date of referral.

Competent court(s) / tribunal(s): labour court

Remarks:
  • Labour disputes are first settled by the Arbitration Committee. Appeals of the committee's award are heard by the Labour Division of the competent Court of Appeal (see arts. 132, 140 LC)

Existing arbitration: Yes

Remarks:
  • Labour disputes shall be settled in first instance by the Arbitration Committee (art. 132 LC).
    See also art. 39 on compensation to be awarded by the Arbitration Committee in the event of arbitrary dismissal.

Length of procedure: 40 day(s) (statutory)

Remarks:
  • Art. 137(1) LC: Within ten days of the date of submission of a case, the chairman of the Arbitration Committee shall call a meeting to examine the dispute.
    Art. 137(2) LC: The Arbitration Committees shall complete the examination of the cases submitted to them and shall deliver their awards within 30 days of the date of the first hearing.

    In addition, the parties can appeal the Committee's award within one month at the most of the date of notification of the award. The date date for the first hearing must be set within 15 days of the date of the petition for appeal and the Labour Division shall issue a final decision within 30 days of the date of its first hearing (art. 139 LC).