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Labour rights upon resignation for non-payment of salary

Dear Ahmed,

My sister is working for a catering company based in a school and she didn't get her salary since May. She doesn't wish to continue with this company.

Her contract is limited and joined in September 2017, but the contract is dated 04/12/2017.

As per article 121, she has the right to resign without notice, however, another article says that she needs to pay the employer “early termination compensation”.

How can we proceed without losing the money?

Thank you.

Maya

0503183185

MIO Law Firm (Abu Baker Salem Advocates & Legal Consultants)
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17 Sep 2018, 12:10

Dear Maya

Thanks for the message.

Based on the information provided to me, it seems the employer has already defaulted by not giving your sister her salary on a timely basis.

Hence, even if your sister resigns, she is still entitled to her all her remuneration and end of service benefits until her last day of work.

She need not worry about losing money by enforcing her rights in this case.

As I am sure you are aware, your sister needs to lodge a complaint with the MOHRE as soon as possible to assert her rights if she still does not get paid following her resignation.

Regards,

Ahmed Odeh

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