Judicial judgment — Court of Cassation – Civil / Labour Law
Warning Before Treating Absence as Lawful Termination
Decision reference: Court of Cassation Civil Decision No. 2673/2024, referring to Article 28(e) of the Labour Law.
A warning under Article 28(e) of the Labour Law is required, and the written warning must be sent by registered mail to the worker’s address. If these steps are not followed and service is not proved, the termination may not qualify as justified and the worker may be entitled to unfair-dismissal and notice compensation.
Compensation and insurance
Judicial judgment — Court of Cassation – Civil / Labour Law
Updated: 22 September 2026
Prepared and reviewed by: Ashraf Al-Khawaja
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A warning under Article 28(e) of the Labour Law is required, and the written warning must be sent by registered mail to the worker’s address. If these steps are not followed and service is not proved, the termination may not qualify as justified and the worker may be entitled to unfair-dismissal and notice compensation.
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Question
When may a worker’s absence justify termination without unfair-dismissal compensation or notice pay?
Extracted principle
A warning under Article 28(e) of the Labour Law is required, and the written warning must be sent by registered mail to the worker’s address. If these steps are not followed and service is not proved, the termination may not qualify as justified and the worker may be entitled to unfair-dismissal and notice compensation.
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