أسئلة وأجوبة
Leave entitlement in case of less than one year of service
I have a couple of labour issues.
I worked for a company for 7 months, and I was lied to regarding my visa status while I was working. It was said it was possessing while it was not, and I also received a false labour contract which I later found out.
Once I finally received my visa, I had a death in the family so I wanted to take my emergency leave.
My employer said it will be an unpaid leave, so I replied I thought I can get 30 days paid leave after my probation period, then he replied bring in your passport for termination.
I just needed to leave the country for 2 weeks for the funeral even if he would have said that he could not pay for the leave it would be ok, but by terminating me instead, I thought it was a wrongful termination.
When I came into the office they told me it was because of poor work performance, which was not true because I never received a prior documented notice with my signature regarding poor work performance.
What legal actions can I take towards this case?
Legal rights /consequence:
1) Only if you have worked there for over one year, you are entitled to severance pay on termination (Article 132).
2) Employee assumed that he is entitled to get 30 days – however, under article 75 he was entitled to two days per month (as the employee worked more than six months and less than one year of service - Article 75).
3) Terminated stating poor work performance (CONDITIONS required - If the employee fails to carry out his basic duties the employer MUST give the employee (a) a notified in writing about the charges by (b) allowed to make defense and the minutes and fine duly recorded and placed in personal file and (c) a warning that his service will be terminated/ he will be penalized IF he repeats his misconduct) - Article 110.
4) You can claim (before the Ministry of Labour) three months’ salary or the remaining period of time (whichever is lower) as a compensation from your employer because the employer broke the contract (if limited contract) Article 115 or arbitrary termination (if unlimited contract) Article 123.
5) Air ticket only if you are going back home and not going to join a new employer - Article 131.
6) Notice period (30 days) - Article 117.
7) Accrued leave salary (2 x 7 = 14 days) - Article 75.
Caution
If you have a visa and if you did not complete one year of service, an automatic six months or one-year labour ban may be imposed by the Ministry of Labour. No employment visa shall be issued to you until the period of the ban is completed.
