القيود الواردة على تشغيل العمال الأجانب

Abstract EN

The freedom of work and contracting enshrined in labor legislation is established for the benefit of the contracting parties - workers - wage earners on the one hand, and employers on the other hand - it is not permissible under this freedom to compel the employer to accept a worker for him, and it is not permissible to appoint a worker to serve the employer against his will.

This principle is subject to controls and restrictions related to social, economic and political considerations, as it is not permissible for the employer to employ foreign workers with the presence of a qualified national workforce.

The principle requires providing legal protection for the national workforce from competition from foreign labor, as it is unreasonable for the state to provide work positions for foreigners And leave its citizens without work, which exacerbates the phenomenon of unemployment and threatens social and economic security.

However, in recent years, in the construction and public works sector, we have noticed the domination of foreign labor over the national workforce, and then the following question arises: is this not a violation of the principle of Protecting the national workforce from competition from foreign labor? Note that the majority of foreign workers working in these sectors are in the occupational classification "execution workers"? .

To answer this question, we decided to study dividing our topic into two topics.

In the first section we deal with conditions for employing foreign workers, and we devote the second section to the rights devoted to them in light of international agreements and domestic law.