Legal Effects of Arbitrary Dismissal in the Bahraini Labor Law

Mohanad Ahmad Mahmoud Sanouri; Ghaith Mustafa Abdul Wali Al Khassawneh; Hazim Salem Mohammad AlShawabkah

doi:10.33193/JALHSS.50.2020.40

Mohanad Ahmad Mahmoud Sanouri Associate Professor of Private International Law - Applied Sciences University - Faculty of Law - Private Law Section - Kingdom of Bahrain
Ghaith Mustafa Abdul Wali Al Khassawneh Assistant Professor of Commercial Law - Applied Sciences University - Faculty of Law - Private Law Section - Kingdom of Bahrain
Hazim Salem Mohammad AlShawabkah Assistant Professor of Civil Law - Applied Sciences University - Faculty of Law - Private Law Section - Kingdom of Bahrain

DOI: https://doi.org/10.33193/JALHSS.50.2020.40

الكلمات المفتاحية: Employer, employee, arbitrary, dismissal, compensation

الملخص

The legal effects of arbitrary dismissal are legal subjects that need to be studied because of the problems that social laws still need to be decided upon in anticipation of the failure of the legal rule to cover them in the light of the continuous change in economic and social conditions.

These effects are compensation for arbitrary dismissal or reinstatement of the employee where possible in accordance with the grounds and controls governing compensation for arbitrary dismissal and the amount of such compensation in fixed-term and unspecified contracts, as well as other labor benefits that an employee deserves as a result of dismissal as notice allowance, termination indemnity in indefinite contracts and compensation for the penalty clause in fixed-term contracts, if any, and other benefits.

The question of reinstating the employee is a matter of appreciation to the civil super court - the competent civil court to consider resolving disputes between the employee and the employer concerning unpaid wages due to the employee or illegal deductions of remuneration, whenever the employee is still in employment - constrained by the employer's desire and the possibility of reinstating the employee.

المراجع

References
1. Abdul Rahman, Ahmad Shawqi. (1988). Explaining the Labor Law and Social Insurance. Third edition. Cairo: New Galaa Library.
2. Abu Shanab, Ahmed. (2006). Explain the Labor Code in accordance with the latest amendments. Second edition. Amman: Culture Publishing and Distribution House.
3. Al-Houari, Ahmad Rashad Amin Khalil. (2010). Summary of the provisions of the Bahraini Labor Code. First edition. Bahrain: Publications of Applied Sciences University.
4. Al-Allawi, Nusseibeh Mahmoud. (2006). Law applicable to the arbitrary dismissal of an employee. M.S.A., Jordan: Mu'tah University.
5. Al Attar, Abdel Nasser Tawfiq. (1989). Explaining the provisions of the Labor Code. Cairo: Arab Renaissance House.
6. Almugraby, Jaafar. (2004). Arbitrary dismissal. Spirit of laws Journal. No. 32. Egypt: Tanta Press.
7. Badawi, Ahmed. (1982). Individual employment contract in Arab and foreign labor legislation, first edition. Without publication.
8. Diab, Salah. (2015). Brief In explaining the provisions of the Labor and Social Insurance Act in the Kingdom of Bahrain. First edition. Bahrain: Publications of the University of applied Sciences.
9. Ghandour, Zahir. (1982). Arbitrary dismissal in Lebanese law. Beirut: Dar Al-Read for Publishing and Distribution.
10. Ghanem, Ismail. (1961-1962). Labor Law. Cairo: Abdullah Wahba Library.
11. Hashem, Hisham Refaat. (1990). The Jordanian Labor Law: (legislation, jurisprudence, jurisprudence, case law, comparative study of texts, jurisprudence and judiciary in Arab and foreign countries). Second edition. Amman: Without publication.
12. Jaber, Mahmoud Salama. (2007). Arbitrary termination of the employment contract in accordance with the Omani Labor Code and the laws of the GCC States and the Arab and International Labor Standards (comparative study). The Legal Books House. Dar-SITT for Publishing and Software. Egypt: The Great Mahalla.
13. Kira, Hasan. (1969). Origins of the Labor Law. Part I, Second Edition. Alexandria: Knowledge Institution.
14. Khalifa, Abdulaziz Abdul Moneim. (2004). General provisions for individual employment contract. Alexandria: Knowledge facility.
15. OTom, Mansour. (2002). A paper entitled Arbitrary dismissal in Jordanian Labor Law. Published in Al-Balqa Magazine. AL-Ahliyya Amman University. Vol. IX, No. 1, April 2002.
16. Ramadan, Sayed Mahmoud. (2006). The mediator in explaining the Labor Law. First Edition. Second Edition, Amman: Culture Publishing and Distribution House.
17. Shanab, Mohamed Labib. (1983). Explaining Labor Law. Fourth edition. Cairo: Arab Renaissance House.
18. Zahran, Mohammad Mahmoud. (1997-1998). The Labor Code “individual Labor Contract”, Act 137 of 1981, and the new bill were passed by the State. Alexandria: University Press House.
19. Zaki, Mahmoud Jamal al-Din. (1982). Contract of work in Egyptian Law. Second Edition. Cairo: Egyptian Public Book Authority.