Limited contract terminated

Labour Law does not oblige the employee who is under a limited contract to give notice to the employer

  • Published: 16:59 July 21, 2011

SUBJECT
Employment

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I worked in a company under a limited contract for a period of 3 years which expired in 1/2011. One month before the expiry of this contract I sent an email to the company where I was employed stating that I do not wish to renew the contract and I would join another company on the expiry of contract, also I asked them to calculate my end-of-service gratuity. Upon the expiry of contract, I left work and delivered the custody of company all in my possession. More than a month has passed and the employer is still reluctant to provide me with my rights.

The employer is claiming that I have left work immediately and have not worked for one month notice on the basis that in accordance with the labour law an employee shall lose end-of-service gratuity if he left work without notifying the employer and the latter may report such violation to Ministry of Labour and to ask them to impose one-year ban. As a result, the employer is currently refusing to give me my rights and to cancel the labour card. Moreover, the employer asked me to collect the company’s debts from the customers whom I dealt with for the company.

The employer is not entitled legally to act in this way with the questioner, as the questioner has terminated the limited employment contract legally on the basis that the Labour Law does not oblige the employee who is under a limited contract to give notice to the employer.

As for the question on collection of the company’s debts, if the questioner is not personally guarantor for these debts, then the law does not oblige him to collect them. Therefore, if the questioner failed to get his labour right amicably, he shall immediately file a labour complaint before the Ministry of Labour in this regard.

Questions answered by Advocate Mohammad Ebrahim Al Shaiba of Al Shaiba Advocates and Legal Consultants.