Q: I got a stroke in November 2019 when I was on duty. Now, they have terminated me and did not pay the salary to me since January. I have even filed a labour complaint… A: The employer has the right to end the services of the worker after the period of sick leave has been exhausted…

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Rights of the employee after termination for taking a sick leave

My company terminated me based on articles 82,83,84 & 85 after I got a stroke in November 2019 when I was on duty and the company took me to hospital.

My GM also visited me home saying that no need to submit sick leave as it will cost you every time. Once you're fine come to work.

They forcefully took signature on annual leave after one month of my sickness. I was paralyzed from one side and was not in a condition to travel, still, the company issued me a ticket part of the annual leave.

Now, they have terminated me and did not pay the salary to me since January 2020 nor are they paying my physiotherapy bills. They didn't even give me any notice period before termination.

Please advise what can I do. I have even filed a labour complaint but it's of no use. I am a driver by profession.

Please contact me.

Thank you

Dr Amira Al Bastaki

Dr Amira Al Bastaki Advocates and Legal Consultants

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10 May 2020, 10:18

You must first follow up on the labour complaint and claim your rights.

10 May 2020, 10:34

Hi Dr Amira,

As I mentioned in my query, we already went to the labour office with the complaint.

They told us, claim your amount with the company and sign your termination letter.

We told the company about the claim amount which is physiotherapy payments and 4 months salary payment, but the company did not reply back to us.

My query is, can they terminate me according to articles 82,83,84 and 85 if they know I am sick and they know my condition? They were calling me a regular basis as well.

In this COVID time, I am at risk to have a virus if I am not in a secure environment. I have no one back home.

I am my family here. Please advise because I believe the company should renew my contract.

11 May 2020, 09:19

Yes, according to the provisions of Article 85 of the Labor Law, the employer has the right to end the services of the worker after the period of sick leave has been exhausted.

And the worker has not been able to return to work and here the worker has the right to the end of service gratuity.

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