Judicial principles and studies
Burden of proving legitimacy of dismissal when employed by two companies
This study summarizes who bears the burden of proving a lawful dismissal, the court’s reliance on social security explanations for wage determination, and the situation of an employee with two separate employments.
Updated: 10 September 2026
Prepared and reviewed by: Ashraf Al-Khawaja
Subject
This summary addresses three points: who bears the burden of proof when an employer admits a dismissal but asserts lawful reasons, the court’s use of social security explanations to determine wages, and the situation of an employee who worked under two separate contracts and received separate termination notices.
Summary
- Where the employer admits the dismissal in its pleading and alleges lawful grounds, the employer bears the burden of proving that the dismissal was justified. - A court’s reliance on explanations provided by the social security institution to fix the worker’s wage does not violate the law; assertions by a defendant about a prior wage adjustment before that institution are disregarded unless followed by subsequent explanations or evidence showing the correction. - If an employee worked for two companies at different times under independent contracts, received different wages, and was given separate termination letters from each company, she is not treated as employed by the same single employer; if one company did not enroll her with the social security institution, she is entitled to end-of-service compensation for her service with that company.
Practical significance
These points clarify the parties’ evidentiary responsibilities regarding dismissal legitimacy and wage determination via social security records, and they affect entitlement to end-of-service pay when separate contracts and terminations exist. This content is a general educational summary and not a judicial text or legal advice.
Sources and references
Verify the official text and latest amendments before relying on this material professionally.