Questions & Answers
Legal action to claim dues upon arbitrary termination
I have been given a verbal termination notice of two months.
What are the repercussions if I can prove that I have been fired from the position of the Chief Accountant because I was not signing on fake payroll sheets to be filed with the labour department, when in fact, actual payroll contains overtime way in excess of local labour laws?
Also, should I work full time during these two months as I have to search for a job also during this period?
Also, our company had a joint venture and they terminated its accounting staff 4 years back and told me to take up full responsibility of managing accounts and audit of that company over and above my actual working in the existing company, with a verbal commitment that I will be compensated extra for the same.
Later on, my company started charging to that joint venture for the accounting services rendered by me, but despite my requests so far no monetary compensation has been passed on to me.
Can I file a claim on the same in labour court?
Dear Questioner,
Please note that the Verbal Termination is not an official termination until you get such a confirmation in writing.
In terms of the reason for termination, you can file a complaint with the MOHRE to claim arbitrary dismissal compensation because the termination had nothing to do with your work "based on your claim of asking you to sign the fake payroll sheets".
During the notice period, the employer has the right to ask the employee to work.
Looking for another job shall be done during your spare time, not during the working hours, otherwise, you may face disciplinary measures.
Lastly, your employer has the right to give you duties within his company or any sister companies - in case your contract allows him to do so - without compensating you as long as your working hours are not affected.
If you need further assistance please let me know.
Best regards,
Ahmed Elnaggar
ae@elnaggarlegal.com
