Employer's Power To Amend The Contract Of Employment Between Traditional And Jurisprudent Trends Is A Comparative Examination In Lebanese, Egyptian And French Law

Abstract

The employer's capacity to amend the employment contract as a result of his authority in the institution's administration is not absolute; it must not be arbitrary, and it must not represent employee abuse. The social and economic conditions of the workers and the institution both play a crucial role in this regard, and enacting legislation governing the use of this authority is extremely challenging. As a result, the judiciary has broad discretionary jurisdiction in this field, resulting in rulings that are contradictory in content but consistent with the facts of each case.

In any instance, the idea of contractual binding force is the most essential limitation in deciding this authority. It is not permissible to accept the unilateral amendment of the contract while ignoring the employer's authority to organize the institution, and reconciling the two mat ters necessitated a distinction between the traditional trends that distinguished between the amendment of non-essential elements, the amendment of one of the essential elements, and the trends in jurisprudence that adopted a new division in which we distinguish between the amendment of the elements of work and the amendment of the terms of work.