Criminal sanctions may be imposed for a variety of reasons, including, but not limited to, breach of health and safety obligations, violations of immigration laws, violations of privacy laws, and breaches of confidentiality. Workers can assert their discrimination rights before the Labour Court, and these complaints can be resolved before a class action is brought if a settlement has been reached between the employer and the employee. Please note that the Ministry may be contacted prior to taking legal action to resolve such a dispute. A collective agreement is an agreement that governs the terms and conditions of employment in such a way as to ensure better conditions, circumstances or benefits for the employee. The agreement shall be concluded between the parties to the collective bargaining referred to in section 138 of this Act. The collective agreement must be drafted in Arabic and signed by the representatives of the social partners, failing which it is considered null and void. Any condition contained in the collective agreement that contravenes any of the provisions of this Act is deemed null and void, unless it is no longer favourable to the employee. Ministerial decisions adopted pursuant to the provisions of the Private Sector Labour Code adopted under Legislative Decree No. 23 of 1976 remain in force unless they conflict with the provisions of the annexed Act until the Minister responsible for matters relating to private sector labour takes the necessary decisions for the implementation of its provisions within six months of its promulgation. Meeting. The employee may terminate the employment contract without notice in one of the following two cases: The Minister shall adopt a decision on the maintenance of a standard collective agreement that will serve as a guideline for the parties to the collective agreement.
Any conciliation that involves a derogation or exemption from the employee`s rights under the contract of employment during its period of validity or within three months of its expiry is considered null and void if it violates the provisions of this Act. If collective bargaining is successful, a collective agreement shall be concluded on the basis of the agreements concluded in accordance with Chapter II of this Title. If no agreement is reached, either party may request the Ministry to refer the matter to the Council for the Settlement of Labour Disputes or to the Arbitral Tribunal in accordance with section 158 of this Act. The employer may not terminate the employment contract due to the employee`s illness, unless the employee has exhausted the entire balance of his sick leave or annual leave. The employer must inform him in writing fifteen days before the day on which the employee has exhausted all his leave of his wish to terminate the contract. If the employee is cured before the expiry of this period, the employer does not have to terminate the contract due to the employee`s illness. Workers have the right to strike to defend their interests in accordance with the controls provided for by law. The exercise of this right by the employee entails the suspension of the employment contract for the duration of the strike. The class action judge must, at the first hearing, give the parties to the proceedings a statement of the dates on which the parties to the proceedings must appear before him.
This is evidenced in the minutes and is considered to be a notification to litigants of these dates. If a hearing coincides with a public holiday or if the hearing has been interrupted for any reason, the parties to the proceedings shall appear at the next hearing on the date indicated without the need for further notification. The judge in charge of labour measures may modify the data referred to in the first paragraph of this article in the presence of the parties to the proceedings, provided that the time limit for examining the application under article 123 of this law is not exceeded. Before the last hearing for the examination of the application, the judge hearing the application for interim measures shall draw up a report containing the facts, the pleas and defences of the parties, the evidence on which they relied and his opinion on the application. The judge responsible for collective complaints proposes to the parties that the dispute be settled by conciliation in accordance with the conclusion of his report. If they agree, the conciliation agreed between them is recorded in the minutes of the hearing, and these minutes have the power of executive loan after being signed by the parties to the proceedings or their representatives and the judge of labour measures. In addition, at any time during the examination of the complaint by the judge responsible for the labour measures, the litigants may ask him to prove the mediation agreed between them in the minutes of the hearing, and this minutes have the power of executive lending after their signature by the litigants or their representative and the judge of the work requests. Governmental and non-governmental authorities must provide the judge responsible for the working measures with the records, data, information and documents he requests, which are necessary for the settlement of the application, on the dates specified by him.
The labour dispute is initiated on the basis of a statement of complaint submitted to the Office for Labour Measures in accordance with the procedures provided for in the Code of Civil and Commercial Procedure.