My company won't pay my end of service dues: Please help

Employer has offered an amount less than what is owed to the employee

  • Posted by Bassam Za'Za', Legal and Court Correspondent
  • Published: 15:25 April 25, 2013

I worked in a company for more than four years with unlimited contract. Two months ago  I submitted my resignation and also finished the notice period  but I have not got my dues for end of service until now. My company offered me an amount but it is less than what I am entitled since my dues are more than what they offered to me. In case there is no amicable settlement with my company and decide to go for a complaint to the labour office. My questions here are 1.How long the complaint before the Ministry of Labour take? Is there any specific period as per the labour law? Can I ask the labour ministry in case no amicable settlement not to delay my case and send it to consent court? 2.Can the Ministry of Labour force the worker to accept an amount lesser than the due amount? 3. Is it possible to ask the Ministry of Labour to give me a temporary work permit with new company until my case is finish because I have a very good offer from a good company and I want to join them soon.  Please advise me in this regard.

 I would like to clarify to the questioner that article 6 (amended) of the Federal Labour Law no. 8 of 1980 states the following: “Without prejudice to the provisions concerning collective labour disputes stated in this law, if the employer or the worker or any beneficiary thereof raised a claim concerning any of the rights accruing to any of them according to the provisions of this law, he shall submit a request thereof to the concerned Labour Department. This Department shall summon the two parties to the dispute and shall take whatever it deems necessary to settle the dispute amicably. If the amicable settlement is not reached, the said department must within two weeks from date of submitting request, submit the dispute to the concerned court. The submission must be accompanied with a note including a summary of the dispute, the arguments of the two parties and the observation of the department. The court shall, within three days from date of receiving request, fix a sitting to consider the claim and the two parties shall be notified thereof. The court may summon a representative of the Labour Department to explain the note submitted by it. In all cases no claim of any entitlement due under the provisions of this law, shall be heard if brought to court after the lapse of one year from the date on which such entitlement became due, and no claim shall be admitted if the procedure stated in this article are not adhered to.”


Therefore, the above article determined two weeks for the amicable settlement without obliging any party to accept the settlement. In case no settlement has been reached the Ministry of Labour will transfer complaint to the competent court. Finally when the case is in the court the employee can apply for temporary work permit from the Ministry of Labour.
 

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