the Dismissal for the Employee Due to Breaching Criminal Law
Is dismissal of the employment contract of a domestic worker who has been found drunk by the police, Arbitrary dismissal? Is it permissible for the police to deport him without opening a report and without trial procedures?
The employer may dismiss the employee without warning and without granting an end-of-service bonus in cases listed in the article (61) Of the Labor Act No. 14 of 2004, an amendment – 2015-2020 – includes, inter alia, that if an employee is found during working hours drunk between or under the influence of a drug, the determination of why the worker should be dismissed for any of the reasons mentioned in the article shall be The foregoing statement is a matter of fact which is within the discretion of trial court only.
As the Domestic Employees Act No. 15 of 2017 is devoid of any direct reference or express provision as provided by the legislator in article 61 of the Labor Code; However, the provisions are circulated article 11, in that the user must respect the laws, customs, social traditions and religious and moral values of the State. Article 16 of the Act allows the employer to dismiss the employee without warning and without granting the employee an end-of-service bonus for the year in which he was dismissed. (Only) If it violates its obligations under Act No. 15 of 2017 concerning, domestic employees or employment contracts, there is no doubt that sugar, especially if it is in a public place, the workplace, or when driving a car, is an express violation of the laws of the State which must be punished.
we think, it seems that per the proper applying of article 16 of Act No. 15 of 2017, denying a domestic worker the end of the remuneration for employment does not extend to the entire period of his or her employment with the employer, but only to that year in which he or she was dismissed; If we say that the worker has been in service for three years; In the last year he was dismissed for violating the provisions of article 11 of the Domestic Employees Act; as for the two years that preceded that last year, the worker deserves to get the end of service bonus
Concerning the powers granted to the police, article 25 of Act No. 21 of 2015 regulating the entry and exit of expatriates and their residence, chapter V of the Act, entitled “Departure, deportation, deportation and return,” stipulates that: subject to the provisions of any other law, the Minister of Interior may issue repatriation order of any expatriate, if there is evidence that his/her presence in the country threatens its security of safety inside or outside its borders, or jeopardizes its national economy, public health, or morals.
So, the removal and deportation of the entrant may be possible, if it is established that his presence in the State is threatened in any of the cases listed in article 25 of Act No. 21 of 2015.
Author: MR. MOHANAD BABIKER\ Senior Legal Consultant