Aqad al-'amal al-qanuni taht al-aikhtibar bayn al-qanuni al-Umanii wa-al-Misrii
Sometimes, the employee and the employer when they signing the Labor contract may agree on a probation period allowing each of them to know the appropriateness of the contract. During this period, the employee is able to know the working conditions and the extent of his suitability and the employ...
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| Summary: | Sometimes, the employee and the employer when they signing the Labor contract may
agree on a probation period allowing each of them to know the appropriateness of the
contract. During this period, the employee is able to know the working conditions and
the extent of his suitability and the employer also verifies the skill of the technical
worker, his secretariat and his suitability for the performance of the work. After that
period, each Party shall determine its position, either to continue the labor relationship
and the contract become final or to be disposed of it during the probation period. The
researcher during his work in law field in Oman has felt of the research topic problem
represented in insufficient in the law text and there were many inquiries and gaps,
which led to confusion between this contract and other similar contracts and the
ambiguity of legal nature to this contract and mechanism of its existence, proof and
termination. The researcher felt that there should be a comprehensive and detailed
research on this subject. The aim of this study is to define this contract, its specificity,
its legal adaptation, general and special conditions for its existence, how to prove it,
the mechanism of its expiry and the implications on it. Therefore, all provisions of this
contract will be disclosed, revealing the real purpose of the legislator and trying to
approximate between different points of views about it. In order to achieve this, the
researcher relied on analysis and comparison between the Omani and Egyptian labor
laws and their explanations and the most important judicial principles issued by the
Omani and Egyptian courts on this subject, in addition to conduct personal interviews
with some specialists in the legal field. This research found important results that
showed the extent of the importance of this contract and its privacy, its legal
adaptation, the mechanism of its convening, its proof, its termination and the
implications thereof, and the similarities and differences in the positions of the
comparative laws of the provisions of this contract. These comparative laws agreed on
the general and special conditions and elements of this contract and agreed to some
extent on how to prove it, while differed in the mechanism of termination. Finally, the
researcher presented some suggestions and recommendations which may help to
remedy deficiencies and ambiguity on the subject of this research. |
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