Court grants overdue rights, but new salary dilemma emerges
Understanding appeal process crucial for resolving salary dispute effectively
Question:
Four (4) months ago, I filed a labour case against my employer to claim my late salaries and incentives that I have not received for two years. Currently, the court has granted me these rights, but the problem is that the employer owes me new salaries during the court period, since he did not terminate my services. My question is: What action should I take against my employer to get my new salaries? Can I claim them before the Court of Appeal? Please advise.
Answer:
To answer such question, I would advise the questioner that:
Article 167 of the Civil Procedure Law states that (“The appeal transfers the action in its state in which it has been before the issuing the appealed decision in relation to what the appeal has prosecuted only. The new requests shall not be accepted in the appeal, and the court shall decide on its own accord with the disapproval.”)
The appeal, according to the above Article, shall be submitted to the Court of Appeal with the final requests submitted before the Court of First Instance, provided that new requests are not accepted before the Court of Appeal.
This is because the Court of Appeal’s response to what the Court of First Instance has not decided upon is a violation of the principle of two-level litigation.
So the Court of Appeal does not have the right to change the content of these requests or create new requests that were not presented to it by the opponents.
The request is considered new if it increases or differs from the request previously presented before the Court of First Instance, in the matter or liabilities or amount.
Based on the above, you have to file a new case to request for your new salaries unless you clearly claimed in the Court of First Instance that the employer should pay your salaries that have arisen from the date of filing the lawsuit and during the trial; therefore, the court will be obliged to check and decide about such request.