The Specifics of creating and terminating an employment contract In the rules of private international law
DOI:
https://doi.org/10.58916/alhaq.vi.231Keywords:
عقد الشغل, الأجير, عقد الشغل الدولي, القانون الواجب التطبيق, النظام العامAbstract
This research paper aims to identify procedures that can strengthen the légal protection of the employee during the establishment and termination of employment contract in the rules of private international law and to formulate possible solutions to overcome the problems facing this.
In this research paper, we relied on the descriptive and analytical méthodology, where we reviewed jurisprudential opinions and légal rulings, as well as legal texts and described, analyzed them in a reliable scientific manner.
The research paper concluded that formality of concluding employment contracts within the in the rules of private international law, subject to the law of the place of implementation of the contract, but at the same time, the legislator gave the principle of freedom a contractual status, and everything related to determining compensation and financial rights of the employee is subject to the law of the place of implementation of the contract, except in the case of the existence of agreements that achieve benefits. It is better for the employee, and Social security rules are mainly regulated by the requirements of international employment agreements and bilateral agreements.
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References
First: References in Arabic
- Ahmed Al-Mazoudi, Social Security for Foreign Employees in Morocco, Master's Thesis in Business Law, Mohammed V University, Faculty of Legal, Economic and Social Sciences, Agdal, Rabat, Academic Year 2017-2018.
- Ahmed Abdel Karim Salama, International Contract Law International Contract Negotiations Applicable Law and Its Crisis, First Edition, Dar Al-Nahda Al-Arabiya, Cairo, 2000.
- Sofiane Al-Alawi, Conflict of Laws in Labor Law, Master's Thesis in Private Law, 2018/2019, Faculty of Legal, Economic and Social Sciences, Moulay Ismail University, Meknes.
- Abdullah Al-Damour, Applicable Law to International Employment Contract, Journal of the Kuwait International Law School, Eighth Year, Serial Issue 2, 30 Shawwal Dhu al-Qi'dah 1441 AH, June 2020 AD
Mohamed Amnan Issaoui, Conflict of Laws Regarding Capacity in Moroccan Private International Law, Research for a Postgraduate Diploma in Private Law, Advanced Civil Law Training and Research Unit, Mohammed V University, Faculty of Law, Agdal, Academic Year 2006-2007.
- Mohamed Benhsain, Social Security for Moroccan Workers Abroad, PhD Thesis in Law, Private Law Department, Business Law Unit, Mohammed V University, Faculty of Legal, Economic and Social Sciences, Agdal, Rabat, Academic Year 2004-2005.
- Mounir Abdel Majid, Conflict of Laws in Individual Labor Relations, Maaref Establishment, Alexandria, 1992.
Second: References in French
- ALICE DANG, égalité de traitement et libre circulation des travailleurs en droit communautaire de la protection sociale, mémoire de DEA, université de Lille, année 2001-2002.
- YANN ORPIN, le sort de la relation individuelle en cas de transfert de l’entreprise, Mémoire DEA, université de Lille, année universitaire 1999-2000.
Third: The website http://socialmaroc.net/glossary
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