Question. I have been working in a private company for five years. Four months ago, I did not get my salary. Two months ago, I stopped working and filed a complaint against my employer with the Ministry of Labour. The employer did not appear before the Ministry of Labour, so I asked to transfer the complaint to the court.
My question is, do I have the legal right to claim the late salaries, in addition to the salaries until the date of the ruling, noting that I did not submit my resignation and I was not dismissed from work? What are the dues that I am entitled to claim according to the Labour Law? Please advise.
To answer such question, I would advise the following:
The employee should not stop from attending the job by his own unless he notifies the ministry of labour about the employer’s breach 14 days before the date of quitting work.
This is stated in Article 45 of Labour Law No. 33 of 2021 that ("The worker quit work without notice, while retaining his rights upon end of service in case the employer’s breach of his obligations towards the worker stipulated in the contract, this Decree-Law or the resolutions issued for its implementation, provided that the worker notifies the Ministry fourteen (14) working days before the date of quitting work and without the employer’s rectification and removal of the effects resulting from this breach despite being notified by the Ministry of the same".)
As a rule, the salary is paid in favour of work which means that you have the right to request for the salaries of the months you worked without being paid but you do not have the right to claim for salaries until the date of ruling. Labour law defined the wage as the amount stipulated in the employment contract, which is paid to the worker in consideration of his work under the employment contract, on a monthly, weekly, daily, hourly or piecework basis.
The dues you may claim are gratuity calculated on basic salary, pending annual leave calculated on basic salary, unpaid salaries, a return ticket, any other benefits agreed upon in the employment contract.