القيمة القانونية للتسوية الاتفاقية (المخالصة)‎ الموقعة بين العامل و رب العمل : دراسة تحليلية

الملخص EN

The research tackles the settlement that the employee concluded with the employer and edited by the two parties in a sheet of paper called “clearance”.

This paper states that the employee has fulfilled the rights he has in the face of the employer or discharges him or both of them.

The researcher identifies the legal nature of this clearance taking into account the nature of employee's rights.

The main problem was the extent to which this clearance was authorized and the extent of its validity.

The researcher clarifies the Palestinian and Jordanian jurisprudence and explains the attitude of the French judiciary towards some of these jurisprudences.

Hence, it becomes clear that the judiciary in both Palestine and Jordan differentiate between the clearance signed before the end of the work contract and the one signed after the end of the contract.

It stresses on the first case on the ground that the employee had signed it while he was under the authority of the employer.

While it gives the clearance signed after termination an absolute validity and in some cases enables the employee to prove the opposite.