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Disciplines of accepting the altering of the Fraudulent Atheoretical and applied study

المؤلف : D.r. Sami Abdallah Alderei

 

No doubt, that terminating work contract by the sole will of the employer, or in other words, dismissing the labor will, definitely, lead to loss of life’s means particularly, at the countries which their law systems do not adopt insurance against unemployment

French jurisprudence and law, despite the seriousness of dismissing the labor, at the beginning, remained loyal to an old base in which the employer, in the unlimited period contract, has the absolute freedom to dismiss his labor. The situation remained so till 1928 where the legislator touched the oppress afflicting the labor in this regard, which pushed him to interfere to protect the labor. Thus, employer became unable to oppressively terminate the work contract. But the idea of non- oppressiveness was not sufficient to effectively protect the dismissed labor., which motivated the French jurisprudence to introduce some ideas that provide greater guarantee for those labors. In this regard, the French legislator respond is not late and he enacted these ideas in the way that he subjected the dismissing of labor for economical reasons, to specific disciplines. Those disciplines are divided into sections: subjective disciplines and formal ones. The subjective disciplines are intended to be the economic reason that justifies the dismissing. And such reason is not related to the labor. As it results from canceling of work or business, changing it or an essential change in the work contract and, such change or amendment shall be resulting from economical difficulties or a technological change.

The formal disciplines are restrictions on employer that limit his freedom to dismiss the labor for economical reasons. Such restrictions aim to provide protection for labor class from the ghost of dismissing. As the existence of economical reason in itself would not make dismissing legal and allowed but employer should comply to the formal disciplines stated in the Work Law otherwise, his civil liability toward the labor would be established. These procedures are represented in informing the labor representative committee about dismissing project, selecting the labor intended to be dismissed, calling hi and meeting him then informing the distractive authority about the dismissing.. Author in this research attempted to explain the causes that let the Kuwaiti legislator not to consider the economic circumstances as being sufficient to dismiss the labor in the Kuwaiti Labor Law.. He was able to prove thee vanishing of all these reasons. Then, there become an urgent need to for Kuwaiti legislator to adopt the conception of dismissing for economical reasons

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أنت الزائر رقم

53038

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18-05-2017

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