Never sign a gratuity settlement until you receive the amount
Signing such paper is considered a waiver or a release of your rights
Question: I have been working in a private company for more than six years. Five years ago, my employer asked me to sign that I had received my end of service in exchange of not terminating me. A month ago. The employer terminated my services and refused to give me my entitlements under the pretext that I signed a release for the past five years. He also requested me not to work with a competitor under the pretext of signing a condition of not competing. My question: What is the position of the law regarding my signature to receive end-of-service benefits, but in reality, I did not receive any amounts? What is the appropriate legal action to be taken against the employer? Please advise.
Answer: According to Article 65/3 of the labor law, signing such paper is considered a waiver or a release of your right and violates the Labour Law, unless the employer provide the receipt of payment of these entitlements to the court and prove that you have really been paid. “Every release, reconciliation, or waiver of the rights arising to the Worker under the Labour law shall be considered null, if it is in violation of its provisions”.
Based on this, you shall file a complaint in front of the labour office against the employer and claim all the amounts from the date you have joined his company until the termination.
Regarding working to a competitor, the non-competition clause shall according to Article 10 of labor law “shall be null if the employer terminates the employment contract in violation of the provisions of this Decree by law.
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