Question 1: I am the owner of a company; presently, I have a case pending before the Labour Court filed by an employee claiming “overdue” salaries for more than five months, plus his end of service payments although I have paid him everything in full. I’m also ready to pay him his end-of-service benefits plus his air ticket. The problem is I do not have any proof of paying his salaries as I paid them in cash. How do I prove before the court that I have paid the salaries in cash and not through the bank? I don’t have anything in writing for that. Also, am I obliged to pay the salaries of the employee until the end of the case and cancellation of sponsorship? He has already submitted his resignation in the Labour Office and has asked for the salary payments until his case is over.
Answer 1 - I would like to clarify to the questioner that Labour Law obliges the employer to prove before the court that he has paid the salaries to the employee. Therefore, in this case the questioner has to request the Labour Court to ask the employee to take an oath with regards to the receipt of salaries or not. If the employee swears that he has not received his overdue salaries, the court will rule in his favour. The questioner is not obliged to pay the salaries of the employee during the case period as the obligation of the employer ends once the employee submits his resignation.
Question 2 - I was working for a company for five years on an unlimited labour contract. My employer terminated me without reason and wanted to cancel my visa immediately. I had certain financial issues, including a personal loan, to settle with my bank. I requested the company to give me some time to find a job and change my sponsorship. Two months ago, I came to know that my employer reported me absconding. After my notice period is over, my company told me verbally to go and find a new job. The reason my company reported me absconding is to avoid paying me my end-of-service benefits and my commission. They also do not want me to work with a competitor company. Can the ban be legally lifted through the Ministry of Labour? My employer is willing to support me in this regard, as per him he is ready to withdraw the absconder complaint in case I don’t claim end-of-service benefits and my commission. In case I do not succeed with the Ministry of Labour, do I have the right to file a court case? What are my chances of winning the case?
Answer 2 – The Labour Ministry will not accept the withdrawal of the absconder complaint by the employer, therefore, I advise the questioner to file a complaint with the Labour Ministry against the employer stating his rights regarding end-of-service benefits and commission and insist that the Labour Ministry refer the case to the Labour Court. The questioner can then try to prove by all means that the employer terminated him without reason (arbitrary dismissal), reported him falsely as an absconder to avoid paying him his pending salary and his end-of-service benefits. If the Labour Court passes a judgment in favour of the questioner and mentions in the judgment that the questioner was not an absconder and is entitled to his rights, the questioner can submit the judgment to the Ministry of Labour and accordingly the ministry may lift the absconder complaint.