A fine ranging from 800,000 dinars to 2,000,000 dinars for an employer who has not concluded an employment contract with an employee.
The penal provisions of the Labor Law provide for the misdemeanor liability of employers as legal entities with a threatened fine ranging from 800,000 dinars to 2,000,000 dinars in the event that they have a person working for them at work, and such a person does not have a written employment contract. or another contract regulating his employment.
I Seen from the point of view of employers, if they take into account the risk of exposing the company to misdemeanor proceedings due to hiring employees without regulating their labor law status, it is necessary to see that such a practice is simply not profitable, because an employee who works without an employment contract or another contract regulating his employment relationship, in case of any kind of dissatisfaction, can always submit a request for misdemeanor proceedings against the employer or report it to the competent inspection, which can ultimately result in significant financial consequences for the employer.
The aforementioned practice is not cost-effective from the point of view of the civil law protection of an employee who works without a written employment contract, all in view of the fact that after 5 working days spent working for the employer, he acquires the right to file a lawsuit in court in order to establish the existence of an employment relationship for an indefinite period of time , which puts the employer in the position of the party that almost certainly loses the court proceedings and consequently bears the costs of the court proceedings and is forced to keep the employee who is suing the company at work as an employee for an indefinite period of time.
II Seen from the employees’ point of view, the mentioned legislation should serve to raise their awareness that employees have the right to have their employment legal status regulated by a written contract, which must include all mandatory elements of the Employment Agreement or other contract that regulates the employment legal status of employees. while recognizing and enabling the realization of at least the minimum rights of employees guaranteed by the provisions of the Labor Law, as well as that employers can bear very serious criminal and civil liability for non-respect of this right, and all of this taken into account should be an incentive for employees to fight for themselves for the protection and realization of their rights.
