Question: I have been working in a private company for five years. Six months ago my employer asked me to stop work because he cannot pay my salaries because the company is going through a financial problem, according to the employer. I tried to look for work, but I did not get another job. I asked my employer to return me to work, but he refused. What is the appropriate action to take against the employer, and do I have the legal right to claim my salary arrears and the salaries of the period in which I stopped working because of the employer?
Answer: You have to file a suitcase against the employer to claim the salary arrears only, not the salaries for the months you stopped working in the company because the wage is be paid in exchange for the work, as per Article 26 of the Labour Law No. 33 of 2021.
According to Article 22 of the Labour Law and Article 16 of the Cabinet Resolution No. 1 of 2022 and Cabinet Resolution No. 43 of 2022, the employer is obligated to pay the wages to his workers on their due dates as agreed upon in the contract and in accordance with the regulations and standards set by the Ministry.
He must pay the wages of his workers by depositing them in the wage protection system - banks and financial institutions in the country - and the worker’s wage is considered due starting from the day following the end of the period on which the wage is specified in the contract.
The employer is considered late in paying the wage if he does not pay it within 15 days from the due date. All establishments shall submit whatever is required of them to prove payment of the wages of their workers if requested to do so.
Moreover, you have the right to claim the other rights entitled to you in accordance with the provisions of the law, like the annual leave and the end-of-service gratuity.
