المملكة: h Labor Appeal supports the refusal to compensate a candidate who did not begin work despite… "Job offer"

Issued The Labor Court of Appeal issued a final ruling to uphold the rejection of a lawsuit by a candidate for a job requesting financial compensation from a private company, due to the lack of proven contractual relationship or direct work, confirming the validity of the preliminary rulings issued in this regulatory matter.

The Court of Labor Appeal upheld the decision of the Labor Court to reject a lawsuit filed by a candidate for a job against a private company, demanding financial compensation following the establishment’s withdrawal from hiring him after the nomination stage.

The details of the case go back to the plaintiff’s filing of a lawsuit claiming that he was nominated for the job. Under the title of “Human Resources and Public Relations Specialist” under a fixed-term contract, claiming that the relationship ended before he actually began his duties.

In his lawsuit, the plaintiff demanded financial compensation for the wrongful termination of the contract based on Article 77 of the Labor Law, in addition to demanding compensation for the balance of his supposed annual leave.

Not completing the elements of the contract

The labor court, in its first instance, examined all defenses and ruled to reject the claims. Because it has not been proven that a full-fledged, regular employment relationship exists, considering that the job offer does not create direct labor obligations.

The judicial ruling was based on the lawsuit not being based on valid data proving the commencement of work in the field, which negates the right to claim end-of-service compensation or allowances related to valid and legally enforced contracts.

Despite the plaintiff’s objection and his filing of the case for appeal, the First Labor Circuit decided to accept the objection in form and reject it in substance, affirming the integrity of the ruling. Initial and the validity of the reasons on which it was based for not completing the elements of the contract.

This ruling puts a decisive end to legal disputes related to job offers, clarifying that the initial nomination does not grant the candidate the status of a worker unless the procedures turn into an effective contract and the actual performance of the tasks.

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