Notwithstanding this similarity between the two contracts, it is very important to

distinguish between them. The agent is not subjected to Labor Law, and the Principal,
at par, may remove the agent anytime at its discretion, unlike the worker, who is
subjected to the Labor Law and cannot be removed unless by certain measures and for
acceptable reasons, otherwise the dismissal shall be arbitrary.
It is said that the difference between the two contracts is that originally the labor
contract is with pay but the agency contract is without pay. But this criterion is not
accurate, as the agency relationship is with pay in many instances.
Others argue that the basis for distinguishing between the two contract is the work not
the pay. For, the work of an agent is confined to representing the principal in carrying
out the legal dispositions, but the work of a worker is includes carrying out manual
and mental jobs. But this opinion is defected in that if agency is only based on legal
actions, for the contrary work contract subject by be manual material works or legal
actions. For the agent may enter into a work contract with the party the agent is
representing in carrying out legal actions, as is the case with the worker who works in
a shop. This worker is not only a worker entering into a work contract, but also an
agent or a proxy working on behalf of the employer in selling commodities and
products. The same is true for a lawyer who works for a company. For, his main job is
to carry out legal actions, but he is tied with the company by a work contract.181
Thus, the conclusive criterion for distinguishing between labor contract and agency
contract is the element or bond of liability.182
If material works and legal actions could be distinguished from each other, material
works could be subjected to labor contract provisions, while legal actions could be
subjected to agency contract provisions. But if it is not possible to distinguish them
from each other, the prevalent feature in the contract is what counts.

181
Dr. Hussam Al Ahwany, "Sharh Qanoun Alamal" (Labor Law Explained), Ibid., P. 150.
182
Dr. Lbib Shanb, "Sharh Ahkam Qanon Alamal" (Provisions of Labor Law Explained), Ibid, P. 58;
Dr. Ahmad Hassan Al Bouraey, "Al Waseet", Ibid., P. 166; Dr. Assayed Eed Nayel, "Al Waseet", Ibid.,
P. 59; Dr. Assayed Muhamed Omran, "Sharh Qanoun Alamal Alkuwaity" (Kuwaiti Labor Law
Explained), Ibid., P. 44; see Egyptian Civil Cessation in 25/06/1969K Al Hawary Encyclopedia, P.1, P.
38.