حقوق الموظف المفصول في القطاع الخاص

حقوق الموظف المفصول في القطاع الخاص , مما لا شك فيه أن هذا الموضوع من أهم وأفضل الموضوعات التي يمكن أن أتحدث عنها اليوم، حيث أنه موضوع شيق ويتناول نقاط حيوية، تخص كل فرد في المجتمع، وأتمنى من الله عز وجل أن يوفقني في عرض جميع النقاط والعناصر التي تتعلق بهذا الموضوع.

Rights of the dismissed employee in the private sector. The Labor Law was keen to provide many rights and benefits to the worker, and not only that, but also created many legal texts that guarantee these rights, especially if the worker was dismissed, and based on the foregoing, this reference site was designated The article explains the definition of the employee, mentions the rights of the dismissed employee in the private sector, clarifies what is arbitrary dismissal, the rights that the worker is entitled to as a result of arbitrary dismissal, the reasons that are considered unfair dismissal of the worker, how the work contract ends, and how the employer avoids arbitrary dismissal.

employee identification

An employee: “An individual who has been appointed by the employer to do a specific job.” The employee is appointed by the employer after the application and interview process leads to his selection as an employee. This selection occurs after the employer discovers that the applicant is The most qualified among the applicants to do the job for which they are employed, the terms of employment of the individual are determined by a letter of offer, an employment contract, or verbally, in a non-union workplace, each employee negotiates individually; Employment terms are not universal among all positions, many potential employees do not negotiate at all by choosing to accept the offer made to them by their employer, others ask for an additional $5,000-$10,000 to see if they can start working at a higher salary, since the increases are based on At a negotiated wage rate, the new employee should negotiate the best possible deal.[1]

In workplaces represented by collective labor unions, a collective bargaining agreement covers most aspects of an employee’s workplace relationship including compensation, benefits, working hours, sick leave, and time off. His individual right to negotiate his salary Each employee has a specific job to accomplish which is often identified by job description In responsible organizations the performance development planning process defines the employee’s work and the organization’s expectations of employee performance It should also help employees set goals and track their performance Additionally, the performance management system should help employees develop their ongoing skills and adopt a career path.[1]

The employee’s rights in the event of dismissal from his services according to the Saudi labor system

The rights of the dismissed employee in the private sector

Labor law, by its nature, is a social law, which stands on the side of the worker and grants him many different rights and benefits, given that the worker is the weak party to the work contract, and is also considered the breadwinner for his family, and accordingly if the employer dismisses the worker from his work without a legitimate reason, he He is entitled to many rights, in addition to all the benefits that the contract confers on the worker, these rights are:

Indemnity

End-of-service gratuity is one of the worker’s rights over the employer in the event of termination of the employment contract, and the employer is obligated to pay the worker at the end of the employment contract, whether it is a fixed-term contract or an indefinite period. The different.

wages

Paid work, which is usually referred to as the social and economic relationship between the worker and the employer, where the worker sells his labor force in the framework of a formal or informal contract, these transactions usually occur in the labor market where wages or salaries are fixed in the market, in exchange for money paid As wages, usually for short-term employment contracts, or salaries in permanent employment contracts, the work product generally becomes an undifferentiated property of the employer. His dismissal is unlawful by the employer.

Wages for overtime work

In the labor law, the working hours that the worker must work for the employer are determined during one day. These hours are often specified in the labor law, as most labor laws have agreed that it is 8 hours per day, and there are days when the worker should not be employed In which; Such as official holidays and religious holidays, and if the worker works for the employer more than 8 hours per day, or works on official holidays and religious holidays, he will be entitled to an additional wage for these days or hours that were not previously paid to him by the employer.

instead of notice

If the worker was dismissed in an indefinite employment contract for illegal reasons by the employer; Any arbitrary dismissal, the worker deserves a wage for the notice allowance, as in work contracts of unlimited duration and in the event of a desire to terminate them by the employer, he must give notice before a certain period of time to the worker informing him of this termination, this period is determined based on various laws Working in countries, the notice is often given at least a month in advance, and if the employer does not commit to giving this notice, he must pay the worker instead, and it is worth noting that the worker can exempt the employer from this notice.

Annual leave allowance

It is the rights of the dismissed employee in the private sector to obtain annual leave benefits in accordance with this labor law in any country. These benefits are annual leave, and payment of leave and compensation instead of annual leave, in case the worker does not use it, annual leave is one of the worker’s rights protected under a contract Work, and waiving it is void, and if the worker does not use this leave during the period of his work with the employer, the latter must give the worker a substitute for it, and it is worth noting that the number of annual leave days is determined by the Labor Law, usually this leave Its duration is 14 days.

Compensation for unfair dismissal

Unfair dismissal is when the employee is dismissed from his job in a cruel, unfair or unreasonable manner. It is not possible to return him to his work for reasons related to the employer. It is assumed that the worker will be compensated for the damage incurred as a result of this unlawful dismissal, and compensation may be determined based on labor law in different countries.

Compensation for work injuries

Slips and falls represent one third of the total personal injuries in the workplace, and they are the main reason for all workers compensation claims. The types of injuries that occur include head, back and neck injuries, bone fractures, cuts, sprains and strained muscles. It is worth noting here that the amount of compensation varies in the case of the type and amount of injury, whether The originality resulted in a partial disability of the worker, or a total disability, and in both cases the worker is entitled to compensation if he was dismissed from work, and he was not previously entitled to it by the employer. These compensations are determined by the various labor laws and regulations.

The legitimate dismissal of the worker and its causes

The legitimate dismissal of the worker is: “The dismissal that is carried out by the employer based on reasons carried out by the worker specified in the labor law, and as a consequence he may be deprived of many of the rights and benefits granted to him under the employment contract.” It is worth noting that labor laws in different countries differ in terms of Identifying these reasons, but these reasons can be summarized as follows:

If he works for the employer based on impersonation of another or submits false or incorrect papers to obtain the work.
If the worker is absent from work for a period specified in the Labor Law, for an unknown reason, and does not provide a legitimate reason for this absence.
If the worker causes a heavy loss to the employer, which causes the latter to incur heavy losses.
If the worker is found during his work in a state of severe drunkenness or drug abuse.
If the worker is verbally or physically exposed to the employer, workers or any person working in the establishment without a legitimate reason.
If the worker is convicted by a court ruling that has acquired the degree of estrangement, whether for a misdemeanor or a felony affecting honor or public morals.
If the worker discloses the secrets of the employer.
If the worker does not abide by the institution’s internal work system despite being alerted to that.

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What is unfair dismissal?

Unfair dismissal is: “when the employer terminates the employee’s contract without a valid reason.” An employee can claim unfair dismissal if the employer had a reasonable cause but handled the dismissal using a wrong procedure, the Labor Rights Act states that that employees are entitled to just cause before they are fired, the business can file a claim for unfair dismissal if it believes that: the reason given was wrong, or the reason was unfair, or was unreasonable, for example; Failure to give notice by the employer to the worker prior to his dismissal in the indefinite contracts.[2]

If the employer dismisses a worker for exercising or attempting to exercise one of his legal rights at work, such dismissal is considered unfair dismissal. If the employee finds that he has been unfairly dismissed, he will usually take the employer to the competent court to hear the case; Like labor courts, if the court finds that the dismissal is unfair, the employer will not be able to defend the case, and in return the employee will succeed in winning the case, and the employer will then have to return the employee to work or pay compensation to him along with his other rights.[2]

It is necessary for the employer to provide strong and valid reasons for the termination, in the absence of which it is a wrongful termination; Because, also, the employee was not given a chance to be heard, with this, the basic legal principle that says, “Listen to the other party” is being violated, as the pandemic worsens and the economy slows, a large number of employees have been fired in various sectors, and this termination carries risks for the employer In the reputable market, these are generally dealt with under labor and industrial laws, which are enacted to deal with various labor issues, ranging from protecting workers’ rights to regulating situations such as closures.[3]

Rights of an unfairly dismissed worker

A worker who has been unfairly dismissed is entitled to a set of rights granted to him under the work contract. These rights are represented in the following:

Compensation for unfair dismissal, the amount of which is determined by the court or the law, according to the system followed in the country.
The right to file a lawsuit against the employer asking him to return him to work.
Claiming the notice allowance in work contracts of unlimited duration.
The right to claim the rest of the contract wages if the work contract is for a fixed term.
Claiming the end of service gratuity.
Claiming compensation for injuries sustained by the worker.

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What are the grounds for unfair dismissal?

The following reasons are considered unfair dismissal of the worker if the employer dismisses him if he commits any of them, and they are:[4]

Exercising any of the rights granted by the work contract to the worker under the law.
Participation in legitimate trade union activities.
Participation in a legal strike or other strike or act of protest.
Refusing to do the work of someone who was on strike.
Pregnant woman, or for any reason related to pregnancy.
Refusal to accept a change in working conditions.
Reasons due to arbitrary discrimination (except that an employer may retire a person who has reached the normal or agreed retirement age, or if the reason is based on an inherent requirement of the job, for example the ability to speak a particular language in order to do the job properly).
A reason related to the conversion after the company’s merger with another organization.
Dismissal of an employee after a disclosure he made under the Information Disclosure Act.

Expiry of the employment contract

A job can be terminated for many different reasons, including:

The employee may resign.
The employer may also dismiss him from work if he commits one or more compelling and legitimate reasons for dismissal.
In the event that the parties to the contractual relationship agree; That is, the worker and the employer in the work contract to terminate the contract regardless of its duration.
The worker can also terminate the employment contract by him if there is one of the reasons for which the law gives the worker the right to terminate the employment contract without notice and without bearing any responsibility.
A fixed-term employment contract ends with the expiry of the period specified in the contract.
The contract also ends with the expiry of the work assigned in the employment contract; Like seasonal work, or casual work.
An indefinite employment contract ends if the employer gives the worker a notice of this, or the worker gives a notice to the employer to terminate the indefinite contract.
If the worker dies.
If the employer dies, if his identity is taken into account in the work contract.
If the worker sustains an injury that prevents him from continuing his work.
If the establishment is closed due to external reasons, the employer has no control over it.

Format of a letter of non-renewal of an employment contract by the employee

How does an employer avoid wrongful dismissal?

An employer can make these choices for a legitimate dismissal of a worker without being held accountable:[4]

Giving the worker notice This means that the employer tells the worker to leave work after a certain period, such as a week or more. On notice pay.
Giving the worker notice pay (this is also called pay in lieu of notice), this means that the worker leaves immediately and is paid instead of getting notice, notice pay should be for as long as the notice time required, eg one week’s pay instead of a period of notice For a week, the payment must include the value of the payment in kind, so the worker must receive a wage for working hours, in addition to any vacation pay, in addition to payment in lieu of notice.
The employer must pay the worker a wage of at least one week for each full year that the worker has worked for the employer, the payment must include the value of the payment in kind, so the worker must receive a wage for working hours, in addition to any vacation wage , plus notice or payment in lieu of notice, plus severance pay.

It is clear from the above that the labor law denies the worker, and arranges for him many rights in the event of his dismissal from work, as indicated in the title of the rights of the dismissed employee in the private sector, where the worker can claim all these rights to the employer of the worker before the court or the competent authority.

خاتمة لموضوعنا حقوق الموظف المفصول في القطاع الخاص ,وفي نهاية الموضوع، أتمنى من الله تعالى أن أكون قد استطعت توضيح كافة الجوانب التي تتعلق بهذا الموضوع، وأن أكون قدمت معلومات مفيدة وقيمة.