دور القضاء الاجتماعي في تكييف عقود الشغل

Abstract EN

Labour contracts play a crucial role in both individuals' lives as workers and employers.

They serve as an effective tool that significantly contributes to economic and social development.

Recognizing the significance of labour contracts, modern legislation has established robust and coherent legal regulations to govern individual and collective labour relations.

These laws aim to maintain a balance between economic interests and human rights among different social groups.

It is important to acknowledge that the effectiveness of legal rules depends not only on their linguistic formulation and rights provisions but also on their proper application by the judiciary.

Thejudiciary must consider the economic and social realities of the parties involved.

Consequently, disputes often arise between the employer and employee during the execution or termination of the employment contract.

These disputes may only be resolved through judicial intervention.

Proof of the employment contract is a critical matter that frequently arises in labour relations, often becoming a primary issue before social justice, along with cases of dismissal and contract termination.

Scholars and legal experts have extensively examined the judicial mechanisms used to address contract disputes, particularly employment contracts.

These mechanisms are crucial in resolving social conflicts before the courts.

The evidentiary system is closely intertwined with the adaptation mechanism, as it plays a decisive role in social disputes presented in court.

In an attempt to avoid legal obligations, employers often attempt to deny the existence of an employment relationship and treat it as a different type of contract.

However, employees should be entitled to the guarantees and rights provided by an indefinite employment contract.

It is the responsibility of the judiciary to determine the accurate and authentic description of the contract between the conflicting parties by operationalizing the judicial adjustment mechanism for contracts.