Individual Labour Contract
Individual Labour Contract
The labour contract shall be made in writing in the Arabic language in two copies; each party shall receive a copy. If drafted in a foreign language, a translated version shall be attached. If the contract includes references to by-laws, said by-laws shall be attached to the labour contract and signed by the parties and retained as evidence. In cased of inexistence of a written labour contract, the worker may solely prove all of his rights through all means of proof.
The labour contract shall include the essential data of the parties, in particular the following data:
- The employer’s name, the address of the workplace and the trade register number;
- The worker’s name, his date of birth, qualifications, job or occupation, residential address, nationality and the necessary personal identification documents;
- The nature, type and duration of the contract if for a definite period;
- The wage agreed upon, method and time of payment, and all of the benefits in cash or in kind agreed upon;
- The other data determined by virtue of the Minister’s decision.
a) The worker may be employed under a probation period if expressly specified in the labour contract, provided said period does not exceed three months. Nevertheless, the probation period may be increased in the occupations to be determined by virtue of the Minister’s decision, provided said period does not exceed six month. The probation condition shall only be retained if expressly specified in the labour contract.
b) Either party may terminate a labour contract during the probation period if said party finds that its continuance is not appropriate, provided that the party terminating the contract notifies the other party at least one day before the date of termination.
c) The same employer shall employ no worker under probation more than once.
The employer may not depart from the conditions agreed upon in the individual or collective labour contract or entrust the worker with a work not agreed upon unless necessary in order to prevent the occurrence of an accident, for the remedy of any act made by said worker or in case of force majeure, provided this is temporary. The employer may entrust the worker with a work not agreed upon if said work is not essentially different from his initial work and provided the worker’s rights are not prejudiced.
The employer may train the worker and qualify him to execute a work different from the work agreed upon in line with the technological development at the establishment provided the competent Ministry and the concerned trade union are notified.
Last Update: Wednesday 5 August 2015