نظريتا الظروف الطارئة و القوة القاهرة و أثرهما على عقود العمل تطبيقا على نظام العمل السعودي : جائحة كورونا أنموذجا

الملخص EN

The Theories of Emergency Conditions, Force Majeure and Their Impact on Employment Contracts to the Saudi Labor System (A Comparative Study - Corona Pandemic as a Model) Contracts are an obligation between the two parties, but urgent circumstances or force majeure may make the implementation of the contract exhausting for one or both parties, and impossible due to wars, earthquakes, etc.

The Corona pandemic represents a realistic model of these force majeure circumstances, which shed light over the situation on the entire world.

In this study, we are concerned with the contracts that constitute the mayor of the economy, and many countries have relied on these two theories to reconsider their labor contracts, and the possibility of their termination, or amendment its obligations.

Saudi Arabia; its laws derived from Islamic law, which have dealt with this issue.

The importance of this study showed the two theories definitions, their impact on labor contracts, and showed the Kingdom’s role in its legislative contribution, which may benefit other countries.

The study aims to introduce labor contracts and the conditions that mitigate or cancel their obligations, the two theories, compared to the Islamic jurisprudence.

The study adopts a comparative and analytical approach.

The treatment of its secretions according to the two theories is legally acceptable.

The Kingdom’s response of enacting legislation that helps to preserve the rights of the contract.

The recommendations of the study is the enactment of a law on the exceptional circumstances that interfere with the work contract.