الأثار المالية المترتبة عن الانهاء التعسفي لعقد العمل

Abstract EN

Legislations including Iraqi, Egyptian, and others have decided to estimate compensation or the socalled financial effects as the effect of an arbitrary termination of the employment contract, so the party who terminated the contractual relationship is obligated to compensate the other party for the damages incurred because of this termination.

Compensation for an arbitrary termination and compensation for a deadline for termination notices agree that both respond to the contract of employment, but they differ on the basis and determine the amount of compensation, for the former finds its basis in not relying on a legitimate justification despite observance of the formal framework and the amount of compensation estimated according to the rules as far as harm As for the latter, its basis is the failure to observe the formal framework, the amount of termination compensation, even if it is based on a legitimate justification, and the compensation is predetermined by the value of the remuneration due for the period of notification.

Note that it should be noted that a single termination may result in two types of compensation estimated in advance (the dangers) and the estimated compensation (arbitrariness) whenever the formal framework is not taken into account and it was not documented for a legitimate justification and that compensation for one does not replace the other, but it is permissible for the victim of the termination to He receives both damages together, and the rejection of compensation for one of them does not entail the absence of the judiciary in the other, and it is not permissible to judge in one of them the authority of the matter stipulated in relation to the other.