Fifth: Proposed law adding a new paragraph to Article (27) of Law No. (19) of 2006 Regulating the Labor Market (prepared in light of the bill -as amended- submitted by the Council of Representatives) 13. The NIHR expressed its advisory opinion regarding the proposed law adding a new paragraph to Article (27) of Law No. (19) of 2006 on Regulating the Labor Market (prepared in light of the proposed law - as amended - submitted by the Council of Representatives), which consists of two articles, in addition to the preamble. The first article thereof adds a new paragraph to Article (27) of the Law, and the second article is an executive article. 14. The new paragraph of Article (27) of the above-mentioned Law stipulates that “d- By way of exception to the provisions of Paragraphs (a) and (c) of this Article, the foreign worker who leaves work for the employer, who is authorized to employ him/her, in violation of the terms under which his/her work permit was issued, shall bear the cost of repatriation”. The provision of the new paragraph under study as determined by the Council of Representatives stipulates that, “d- Without prejudice to the provisions of Paragraph (b), and with an exception to the provisions of Paragraphs (a) and (c) of this Article, the foreign worker who leaves work for the employer, who is authorized to employ him/ her, in violation of the terms under which his/her work permit was issued, shall bear the cost of repatriation. The relatives of the worker shall bear the expenses of preparing and transporting the corpse of the deceased worker, who died while leaving work in violation of the conditions under which his/her work permit was issued, if they so request within a period not exceeding thirty days as of the date of his/her death. Otherwise, the deceased foreign worker shall be buried in accordance with the provisions of Chapter (25) of Public Health Law promulgated by Law No. (34) of 2018”. 15. The NIHR concluded that regulating the issue related to the party that bears the cost of repatriation of foreign workers who leave their work in violation of the terms under which their work permit was issued, is a matter subject to the agreement of the parties to the employment contract, based on the principle (Pacta Sunt Servanda) (the contract is law between the parties). In the cases, which have not been stipulated in the employment contract, the party in breach of its obligations must be obliged to bear these expenses according to the rules of equality and establishing balance between the parties to the contract, provided that the competent authority shall find a mechanism to ensure that this is achieved. In addition, the amendment contained in the proposed law, as concluded in the decision of the Council of Representatives, does not affect or infringe human rights and fundamental freedoms, as mandated by the provisions of the Constitution and regional and international instruments and conventions on human rights. 51

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