Unfair Termination of an Employment Contract 10.35781/1637-000-134-006

Abstract

Unlawful termination of employment contracts is considered one of the most critical issues in labor law due to its significant implications on the social, economic, and political fabric of society. This issue gains increasing importance given its direct connection to the livelihood and stability of families. With the growing number of cases involving termination of employment, questions arise regarding how arbitrariness in such terminations can be established, as well as the amount of compensation due and the conditions under which it may be awarded. Accordingly, this study examines the concept of arbitrary termination of employment contracts and its various forms in the first section. The second section discusses the legal consequences of such termination, the estimation of compensation, its essential components, and the conditions required for judicial awards. The research followed a descriptive and analytical approach where the research reviewed the cases of arbitrary termination of the employment contract methods of proving it, analyzing the legal texts related to the subject and reviewing some judicial rulings. The research concluded a number of findings, including that arbitrary termination is one of the issues that disturb the worker, and the legislator sought to protect him by determining the cases in which arbitrary dismissal is exclusively considered arbitrary, and also regulated the procedures followed in the event of a complaint as a result of arbitrary dismissal. The research made some recommendations, including recommending the Omani legislator to amend the text of Article (12) of the Labor Law by adding "6. For any other reason that the court deems arbitrary dismissal", or any other text through which it is understood that these reasons came by way of example and not exclusively, in order to protect the weak party in this relationship and an attempt to achieve the desired balance.