PART EIGHT
Labour Disputes
Article (104)
The provisions of this Part shall apply to every dispute relating to the work or
the conditions thereof between an employer and one of his workers or between one
or more employers and all their workmen or any group thereof.
Article (105)
Every employer who employs fifty or more workers shall display in a conspicuous
place the procedure for complaints and grievances to be approved by the competent
directorate.
The said procedure shall provide that the worker has the right to submit his complaint
or grievance to the employer or his representative.
Article (106)
The worker who has been dismissed from work may within fifteen days of the date
of his notification of the decision apply to the relevant directorate, to annul
the dismissal decision. The directorate shall take the necessary steps to settle
the dispute amicably, and if a settlement is reached the directorate shall record
it and pursue the implementation thereof. An employer who refuses to implement the
settlement shall be obliged to pay an amount equal to the worker’s wage for the
period from the date of the settlement until the date on which he implement it .
If a settlement is not reached within two weeks, or has been reached and one of
the parties refuses to implement it, the relevant directorate shall refer the matter
to the competent court within a period not exceeding two weeks from the expiry of
the said period or from the date of such refusal. The referral shall be supported
by a memorandum including a summary of the dispute and the parties’ arguments.
The secretariat of the Court shall put the matter before the President of the Court
within three days from the date on which it is referred, in order to fix a session
to hear it within a period not exceeding two weeks from the date of referral. The
worker, the employer and the relevant directorate shall be notified of the session,
and the notification shall be accompanied by a copy of the directorate’s memorandum.
The Court shall decide on the application for stay of the execution of dismissal,
if any, within a period not exceeding two weeks from the date of first hearing and
its judgement shall be final. If the Court orders the stay of execution of the dismissal,
the employer shall be bound to reinstate the worker or to pay him an amount equal
to his wage until the final adjudication of the dispute. The court shall pass a
judgment on the dispute within a period not exceeding one month from the date of
the order staying the execution of the dismissal.
If it becomes evident to the court that the dismissal of the worker or the termination
of his service was arbitrary or in violation of the law, the court may either enter
a judgement to reinstate the worker or oblige the employer to pay a fair compensation
in addition to:-
1. the legally payable end of service gratuity and all other benefits prescribed
by the law or the contract of employment whichever is greater;
2. the basic wage with the other allowances, if any, for the notice period provided
by the law or the contract of employment whichever is greater.
The amounts which the worker might have received as a result of execution of the
order staying the execution shall be deducted from the amount of compensation awarded
in favour of the worker or from any other amounts payable to him.
Article (107)
The worker who has a complaint shall first follow the procedure laid down by the
employer, and if such procedure does not exist or if it exists but does not result
in the redressal of the worker’s grievance, the worker may apply to the relevant
directorate in order to make endeavour to reach a settlement for the dispute between
him and the employer in accordance with the provisions of the above article.
Article (107) [Repeated]
The minister shall issue a decision organizing collective bargaining aiming to settle
labour disputes or improvement of work conditions or promoting productivity efficiency
and organizing peaceful strikes and closures.
