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The Court of Cassation confirmed that an employer is obligated to send a written warning to the employee at the address recorded in the employment contract prior to dismissing them due to absence, in accordance with labor law, without the need to prove that the employee received the warning. In the recent case, the court ruled that the employee was not entitled to compensation or a notice pay after dismissal, as it was proven that the company sent him a written warning to his address before terminating his service. The dismissal was based on a legitimate reason due to his absence from work starting from August 13, 2024. Article (107) of the labor law states that if an employee is absent for 20 days intermittently or 10 days consecutively without a legitimate reason, the employer has the right to terminate the contract without notice or compensation, provided that a written warning is issued to caution against such absences. It is emphasized that proving the delivery of the warning is not necessary as long as it is addressed to the employee’s registered address.
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