Question:
I have been working in a private company for 4 years. For two years, I have not received the commission according to my agreement with the company, and I have also not received the annual leave allowance.
According to the employer, I do not have the legal right to claim them after two years, and therefore I filed a labour complaint against the employer, but after filing the complaint, the employer dismissed me from the work. My question: What are the rights that I must claim according to the labour law? Please advise.
Answer:
I would advise the questioner that:
You are entitled for the following:
Annual leave regardless of the leave duration according to Article 29 of the labour law No. 33 of 2021 (“The worker shall be entitled to a wage for the accrued leave days if he quits the work before using them, regardless of the leave duration, with respect to the period for which he did not obtain his leave. He shall also be entitled to receive leave wage for parts of the year in proportion to the period he spent in work and it shall be calculated according to the basic wage.”)
Salaries or any part of the salaries for the last year of your service according to Article 54/9 of the Federal Decree Law No. (20) of 2023 Amending Certain Provisions of Federal Decree Law No. (33) of 2021 (“After one (1) year from the maturity date of the right subject to a lawsuit, the lawsuit cannot be heard with regards to any of the rights protected by this Decree-Law”), any agreed upon commissions, bonuses or etc. for the last year of your service as per Article 54 mentioned above.
Gratuity based on Article 51 of the law (“The foreign full-time Worker, who has completed one or more years of continuous service, is entitled to an end-of-service gratuity upon the end of his service, calculated according to the basic wage, as follows: a. The wage of twenty-one (21) days for each year of the first five years of service. b. The wage of thirty (30) days for each year in excess of that.”)
Arbitrary dismissal based on Article 47 of the law (“1. The termination of the Worker’s service by the Employer shall be unlawful if the termination of the Worker’s service is due to his filing a serious complaint to the Ministry or filing a case against the Employer that has been proven to be true. 2. The Employer is obligated to pay a fair compensation to the Worker estimated by the competent court, must not exceed the wage of the Worker for a period of three (3) months, calculated according to the last wage received thereby.”)
Warning period as per agreed in the contract based on Article 43 of the law (“The party who does not abide by the warning period must pay the other party a compensation called a warning allowance, even if the failure to warn does not result in harm to the other party. Such compensation shall be equal to the Worker’s wage for the entire warning period or the remaining part of it”).
