Question I have been working in a private company for five years on a commission and salary basis. I recently resigned from work due to salary reduction without my consent. My question is, am I legally entitled to seek compensation for unfair dismissal due to salary reduction? Am I legally entitled to request a commission for the past four years? Please advise
Answer: As per Article 25 of the labour law, “No amount may be deducted or withheld from the worker’s wage except in cases specified by law.” The employee has the right to request for arbitrary dismissal compensation taking into consideration that the court will estimate whether or not, the act of the employer is categorised under one of the reasons mentioned in Article 46 regarding illegitimate termination of the worker’s service which states that “The termination of the worker’s service by the employer is unlawful if the termination of the worker’s service is due to filing a serious complaint to the Ministry or filing a lawsuit against the employer, whose validity is proven.”
The employer shall pay fair compensation to the worker estimated by the competent court if it is proven that the termination is unlawful according to Clause 1 of Article 25. The amount of compensation shall be defined by taking into account the work type and the amount of damage caused to the worker and his service term. It is required in all cases that the amount of compensation does not exceed the worker’s wage for a period of (3) three months, calculated according to the last wage he was obtaining.
The provisions of Clause 2 of Article 25 shall not prejudice the right of the worker to obtain a notice period allowance and end of service benefits payable to him, in accordance with the provisions hereof.
As a principle, the right to claim is forfeited by limitation after one year passed from the due date of the right and each party s not entitled to claim. But you have the right to request commission for the last year of your work if there is a written agreement between both of you or the commission was a part of your salary and the employer was always giving it.