عقد العمل القانوين حتت االختبار بني القانونني العماين واملصري
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 this suitability and the employer...
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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 this 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 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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