Termination of the contract of employment in Iraqi and Iranian laws comparative study
- Author:
- Alaa Nazem
- Level:
- Master
- Field of study:
- Law
- Language:
- Arabic
- Faculty:
- Faculty of Law
- Year:
- 2021
- Publisher:
- URD Press
- Supervisor(s):
- Mohammad Sadeghi
The Iraqi and Iranian legislators made sure that the employer should feel that if he wishes to terminate the employment contract, according to a period that is legally specified in the employment contract between the two parties regardless of the legality of the dismissal, this concern stems from the fact that the worker should not be surprised by the termination that may lead him to be in the ranks of unemployment and there are cases that go beyond this origin where the employer may end the employment contract legitimately. Without being assigned to notify the worker and these cases are due either to the nature of the contract and this applies to the contract of the fixed term, and at the time to achieve the breach of the contract is one of the things that follows different rules in the different legal systems at a time that violates that it is ad hoc, in the rights of some countries, parties to the contract and it is known that the contractual obligation itself implements the obligation at the expiry of the deadline of the obligation, and the debtor did not meet his obligation in other cases, mere expiration and not sufficient deadline The obligation is only fulfilled in order to achieve a breach of contract. However, in cases where expiry is considered a sufficient condition for violation, breach of contractual obligation can be predicted, and violation of the executive guarantees of the contract is applicable, but in the case of termination of the indefinite employment contract, the termination of a contract is through the obligation, consensus, acceptance and positive between the parties, which means no problem with the contract at all and the will of one of the parties to the contract of work can be unique in termination and is called individual will.