Protecting the Employee from Arbitrary Clauses and Unfair Dismissal in Employment Contracts: A Comparative Study between Egyptian and Libyan Law

Abstract

This research examines the protection of the employee against arbitrary clauses and unfair dismissal, as one of the most significant legal safeguards primarily established to protect the weaker party in an employment relationship. Due to their economic and legal dependency, the employee operates under the supervision and direction of the employer, resulting in an unequal bargaining position. This disparity may lead to the inclusion of prejudicial clauses in the employment contract or subject the worker to dismissal without any legitimate justification. 

The research aims to clarify the legal framework governing the protection of the employee from arbitrary clauses that disrupt contractual balance, by analyzing the concept of the arbitrary clause in employment contracts and defining the criteria for unfairness and how it is assessed. Furthermore, the study addresses the concept of unfair dismissal and the standards for arbitrary termination. It also explores the stance of Libyan law regarding the protection of the employee against arbitrary clauses and unfair dismissal in comparison with Egyptian law.