I worked in a company for more than two years under a contract for a limited period. One month ago, the company where I was employed dismissed me from work due to my absence from work for six consecutive days. I returned to work at the seventh day, but thereafter I have been absent once again for three days. I submitted my excuses to the company but they did not accept them, however, when I returned to work I was terminated from work without any notice. The company manager said that such a dismissal is pursuant to the article no. 120 of the Labour Law and also I am not entitled to end-of-service gratuity according to my company manager. I have also provided a medical report for the absence period. My question here is; I would like to know the article no. 120 of the Labour Law in detail and whether the Labour court may legally oblige the company to reinstate me if it is proved that my dismissal from work was not pursuant with the said article.
I would like to clarify firstly that the article no. 120 of the Federal Labour Law No. 8 of 1980 states the following: “An employer may dismiss a worker without notice if and only if the worker:
1. Assumes a false identity or nationality or submits forged certificates or documents.
2. Is engaged on probation and is dismissed during or at the end of the probationary period;
3. Commits a fault resulting in substantial material loss to the employer, provided that the latter notifies the labour department of the incident within 48 hours of his becoming aware of its occurrence;
4. Disobeys instructions on the safety of work or workplace, provided that such instructions are in writing and posted at a conspicuous place and are communicated verbally to the worker, in case he is illiterate;
5. Defaults on his basic duties under the contract and fails to redress such default despite a written interrogation and a warning that he will be dismissed if such default is repeated;
6. Is finally convicted by a competent court of a crime against honour, honesty or public morals
7. Reveals any confidential information of his employer;
8. Is found in a state of drunkenness or under the influence of a narcotic drug during working hours;
9. Assaults the employer, the manager in charge or any of his workmates during working hours; or
10. Absents himself from work without a valid reason for more than 20 non-successive days in one single year or for more than seven successive days”.
Therefore, in my opinion, your dismissal from work might be contrary to the article no. 120 of the Federal Labour Law No. 8 of 1980 according to the details provided in your question. Therefore, if the competent court found that you had been dismissed contrary to the said article, the same may be considered an arbitrary dismissal, and thus you may claim for compensation in addition to the other labour dues. Finally, the court will not oblige the employer to reinstate the employee in his job even if such dismissal is contrary to the Labour Law.
