Labor Contract Under Probation In Libyan Law In The View Of Employee And Employer Interests
Abstract
The employment contract is one of the most important and vital contracts, forming the foundation of many significant economic aspects. In some cases, an employment contract may be contingent upon a probationary period for a specified duration. Libyan labor law, like other labor laws worldwide, regulates this type of contract (the probationary employment contract). However, its regulation under Libyan Labor Relations Law No. 12 of 2010 suffers from certain deficiencies in specific aspects, which are the focus of this research.
In this modest study, we attempt to highlight these shortcomings through a comparative analysis with more recent labor laws in other Arab countries. This approach provides a clearer perspective for the Libyan legislator, aiming to achieve a higher degree of protection for the worker while simultaneously safeguarding the employer’s interest in hiring competent, skilled, and experienced employees.
Through this research, we seek to identify the weaknesses in the provisions of the Labor Relations Law governing this contract, which tend to favor the employer at the expense of the worker—the party more deserving of protection. This represents a deviation from the law’s intended practical and protective nature, potentially undermining the very purpose and essence of the probationary clause in employment contracts.
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This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License.
