Dispute over end-of-service benefits

Company cannot deduct outstanding amount with client from employee’s dues

  • Posted by Bassam Za’za’, Legal and Court Correspondent
  • Published: 17:22 January 31, 2013

I have worked in a company for more than 6 years as sales director; my company has terminated my services one month back and I asked the company to provide me with my end-of-service gratuity and pay my two months salary which I did not get plus my bonus which the company used to pay every 4 months, but the company owner told me that I shall first collect one of a company customer’s cheque which was returned from the bank unpaid for insufficient funds. This is unfair. Yes, I am the one who brought such customer to my company but my company accepted to provide him with the goods against the said cheque and I did not take any responsibility for that deal. My question here is; as per labour law the company allowed to deduct the amount of cheque from my entitlements on the basis that I brought the customer to the company as stated by the company owner? With respect to the return ticket, am I entitled with my family to return tickets to my home country? It is mentioned in the labour contract that the company will provide the tickets because I want to cancel and go back to my country? Please advise.

I would like to clarify to the questioner that if he has not guaranteed such customer personally, the questioner shall not be obliged to collect such cheque and no deduction shall be made in terms of such cheque from the end-of-service gratuity. Therefore, if the questioner failed to obtain his full right for end-of-service gratuity, the questioner shall file complaint before the Ministry of Labour in this regard and also the concerned court if he failed to reach an amicable solution in the Ministry of Labour. As for the return tickets, the concerned court might rule on the return tickets for the questioner and his family.

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