Judicial principles and studies
Labor Law: Unjust Dismissal, Burden of Proof, and Exemption from Work During Notice
A brief summary of how employer evidence affects the legality of termination claims, the fee-exempt status of claims related to private funds, and the employer’s obligation to pay notice pay when exempting an employee from work during the notice period.
Updated: 10 September 2026
Prepared and reviewed by: Ashraf Al-Khawaja
Subject
The points address three practical issues in employment relations: the evidential value of an employer’s written and personal proofs that an employee breached contractual obligations and the effect on the legality of termination; the classification of claims related to employer-run savings, provident or pension funds as fee-exempt labor claims under Article 33(A) of the Labor Law; and the consequence of an employer exempting an employee from work during the notice period regarding the obligation to pay notice pay.
Summary
- Employer-submitted written and personal evidence demonstrating an employee’s contractual breach supports the employer’s position on the lawfulness of the termination and may lead to dismissal compensation claims being dismissed. - Claims concerning employer-managed savings, provident or pension funds are treated as labor claims exempt from the court fee pursuant to Article 33(A) of the Labor Law. - When an employer exempts an employee from work during the notice period, the employer remains obligated to pay the employee the notice allowance. This content is a general educational summary. It is not a judicial text or legal advice and does not represent the court or the judicial council.
Practical significance
This is a general educational summary based on the points published in the official source. It does not replace the original material or a review by Ashraf Al-Khawaja before relying on it for any action.
Sources and references
Verify the official text and latest amendments before relying on this material professionally.