Question: I have been working in a private company for two years. Two months ago, my employer asked me to take unpaid leave due to financial problems the company went through. Two weeks ago, I asked my employer to allow me to return to work. But he refused and asked me to extend my leave without pay for two more months. My question is: Am I legally entitled to file a labour case to claim my right to draw salary for the leaves that my employer forced me to take without pay? How is the end of service calculated for me since I work on a commission basis?
Answer: In order to be entitled to the annual leave salaries, you have to prove that the employer had obliged you to take annual leave against your will. If you have signed a document applying for the unpaid annual leave, then it will be evidence and clue to the court that it was not against your desire and it will not be easy for you to prove the contrary.
You will be in unpaid annual leave till the date mentioned in the annual leave application. Then, you must return to the work or else you will be treated as absent without a legitimate reason.
If the employer doesn’t want you to attend your work, he should send you a letter or email regarding this matter. He cannot force you not to attend nor can he prevent you from the salaries unless you sign a new application for a new period of unpaid annual leave.
The end of service benefits will be calculated as per Article 23 of the new Labour Law according to the average amount the worker received for the actual working days during the last (6) six months. The daily wage of workers who receive their wages on piecework basis shall be calculated according to the average amount the worker received for the actual working days during the (6) six months preceding the request or claim regarding any issue related to the wage.
The wage is everything that falls into the responsibility of the worker, whatever its kind, in return for his performance of the agreed-upon work and the commission on this basis is considered a wage and is included in the basic wage of the worker whenever the employer abides by it in the work contract.
Uncredited loan payments
Question: Two years ago, I took a loan from a bank and I paid the instalments regularly. I have paid the full value of the loan. But the bank recently asked me for a large amount, saying I failed several times to pay the monthly loan. The bank has filed a civil lawsuit against me to demand payment of the interest. My question is: Do I have the legal right to file a lawsuit before the same court to claim compensation for the damages I suffered from the bank? Will the interest of the bank stop as soon as the bank files a civil suit before the court? Please advise.
Answer: You have the right to file a counterclaim against the bank and also ask for compensation provided you prove the damages you have suffered. The court will check the counterclaim as per the documents and evidence submitted.
The compound contractual interests will stop as soon as the bank files the case in front of the court, but the bank will still have the right to request for a yearly 5 per cent legal interest from the date of submitting the claim until the real date of payment. It would be better to request to transfer the matter to a bank expert who should check the loan agreement, the transactions that took place in the account and calculate the interest if there is.
The current account ends with the termination of the mutual operation between the customer and the bank, based on what the trial court will conclude from the circumstances of the case. The current account which loses its ability to receive mutual payments would be turned into a regular account in which the contractual interests of the current account do not apply to the balance.