Question: I have been working with a private company for two years. Six months ago, my employer asked me to stop working on the pretext that the company is going through a financial problem. Since then, I have been looking for work, but I have not gotten a job.
I filed a complaint against the employer before the Ministry of Labour as the employer refused to allow me to perform my job. My employer then fired me from work. Do I have the legal right to demand my salaries for a period of six months when I was not doing my job? How are end-of-service benefits calculated in such a situation?
Answer: You have the right to claim six months’ salaries but the court shall decide about it. You were not doing your job because the employerasked you not to.
The court will decide whether you deserve the salaries for this period or not. Article 26 of the Labour Law assures that the wage shall be in exchange for the work, but also obliges the employer to enable the worker to perform his work.
Otherwise, he is obligated to pay the wage agreed upon.
Also, Article 912 of the Civil Transactions Law states that the employer must pay the employee his salary as agreed whenever he performs his work or as he prepares and devotes himself to it, in case no work has been assigned to him.
Regarding the calculation of end-of-service dues, the days of absence from work without pay shall not be included in the calculation of the duration of service, according to Article 51/4 of the Labour Law.
The rights you may claim rather than your salaries and your gratuityinclude annual leave, any agreed upon pending commissions or bonuses, leave ticket, compensation for arbitrary dismissal because your termination seems to be unlawful according to Article 47 of the Labour Law, due to the filing of a serious complaint to the Ministry of Labour.
