The Principle of the Best Condition for the Worker and the Range of the Consensual Compensation in the Illegitimate Contract Termination

لايوجد

Abstract

This study addresses the topic of the principle of the best condition for the worker and the range of the due consensual compensation in the illegitimate termination of the contract, where most consensual and legislative provisions of labour law represent the minimum level of protection that a legislator hopes to ensure for all workers. Therefore, a principle of labour law was introduced to apply the most beneficial provisions to workers, which is the principle of the best condition for the worker. This condition may contradict consensual compensation in the work contract, which is considered an obvious implementation of the principle of "Pacta Suntser vanda" and the principle of the autonomy of will, whether the compensation was in favour of the employer or the employee. This necessitated identifying the compensation range based on the best condition for the worker's principle in the work contract. Accordingly, the study aimed to demonstrate this condition and the range of due consensual compensation in the illegitimate termination of the contract.

The results reveal that the Jordanian legislator, according to article (4) of labour law, aimed to achieve effective protection for workers by adopting the protective principle of the public system from which the principle of the best condition for the worker was derived and allowed contradicting the enforcing context in case there was a benefit for workers, and at the same time cancelled any conditions that reduce the rights granted to workers according to the law of labour.

The study concludes the importance of that the Jordanian legislator should not amplify workers' social and human considerations at the expense of the facility's economic considerations since it would lead to its failure. We recommended that the legislator add a legal context in the labour law implying that the worker is worth consensual compensation for the period in which he didn't find alternative work, in addition to compensation for moral or physical harm, if any.