Open AccessUnfair Termination Review During Probationary Period
Author(s) -
Omed A. Ismail
Publication year - 2020
Publication title -
pro futuro
Language(s) - English
Resource type - Journals
eISSN - 2063-2754
pISSN - 2063-1987
DOI - 10.26521/profuturo/2019/4/6716
Subject(s) - test (biology) , certificate , period (music) , business , position (finance) , law , law and economics , political science , economics , finance , computer science , paleontology , physics , algorithm , acoustics , biology
Probation is a trial period to test a new employee for a particular position. It is commonplace for many employers to stipulate that the contract begins with probation based on a mutual agreement with the employee. During the probationary period, more flexible standards are given to review unfair termination. Notwithstanding, a degree of protection insofar as it safeguards employees from the risk of unfair termination shall be granted. Article 37 in the Iraqi Labour Code No. 37 of 2015 permits the employer to test the employee for a maximum of three months if the latter has no professional certificate. The same article empowers the employer to terminate the contract if the employee has failed in the suitability test without setting any standards for such a test. In reviewing cases arising on the basis of unfair termination claims, the judiciary in some developed countries has come up with basic standards of the suitability test. This paper, therefore, attempts to examine Article 37 in the Iraqi Labour Code in light of the new judiciary trends and finally suggests redrafting the mentioned article to be more compatible with the rights of contractual parties.