Abstract:
People have the right to work in a safe and secure environment. This concept is clearly conveyed by many international conventions and treaties. For example, Article 23.1 of the United Declaration of Human Rights stipulated that every single "person has the right to work, to free choice of employment, to just and favorable conditions of work and to protection against unemployment." In addition, the International Covenant on Economic, Social and Cultural Rights indicates that "The States Parties to the present Covenant recognize the right to work, which includes the right of everyone to the opportunity to gain his living by work which he freely chooses or accepts, and will take appropriate steps to safeguard this right. However, the above rights have been sabotaged by the doctrine of employment-at-will. Legal systems around the world have made every attempt to diminish the impact of the consequences of this doctrine mainly to protect employees. The major consequence of such doctrine is the unjust dismissal by the employer that might jeopardize the quality of life of the employees. In addition, employment-at-will doctrine affects the productivity and quality of work. This article focuses on the significant exceptions and legal protection measures against the employment-at-will doctrine under the American and Lebanese legal systems. In addition, this article reviews a survey of 75 different companies in Lebanon and the U.S. to show the differences between them and how managers at those companies view issues such as unions, governments, and employment-at-will.
Citation:
El Zahr, S., Fakih, K., & El-Khalil, R. (2016). Employment-at-will: between the American exceptions and the Lebanese protections. Employee Relations Law Journal, 42(2), 56-75.
