The Effectiveness of the Defense Law and the Orders Issued Pursuant Thereto on the Employment Contracts Under Corona Pandemic

Abstract

It is agreed that a contract of employment is consensual contract, like all contracts that are governed by the will of the contracting parties. The contract is the law of contracting parties each of whom is bound by what is included in the contract and none of them has the right to violate its provisions except in agreement with the other party. Ssince the labor contract is time contract that takes a period of time to implement, and during its validity period, anything is expected to happen, the adherence to the professionalism of this rule may lead us to dead point and termination of the contract, wasting of sanctity of meaning and the social purpose of the work contract. Hence, the legislator intervened according to the provisions of defense law No. (13) of 1992 and went out of this rule by turning these continuous contracts in the event of a state of defense into suspended contracts to the extent that it is impossible to fulfill the obligation. The orders and notices issued in accordance with the Defense Law have adopted the social meaning of wages and it created a kind of balance in work contracts that preserved economic establishments from financial collapse and gave the worker a portion of the wage that achieves the minimum subsistence during the period of the comprehensive ban (Corona pandemic). These orders and notifications also amended many of the rights and obligations of the contract parties, a mandatory departure from the consent from the consent base  in employment contracts.