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Moheb Hassan
Lawyer
الأسئلة المجابة 63652 | نسبة الرضا 98.2%
I am the Director of a private School. I received...
إجابة الخبير: Moheb Hassan
Moheb Hassan
Lawyer
الأسئلة المجابة 63652 | نسبة الرضا 98.2%
Dear Customer,
Thanks for joining and trusting us, much appreciated!
We would like to inform you that if you terminated the limited work contract before its end then you don’t deserve the end of services benefits unless you complete working 5 years with the employer.
If you are under unlimited contract and want to resign then you will get 1\3 the end of services benefits if you work for a year to 3 years. And you will get 2\3 of the benefit if you worked from 3 to 5 years.
If the employer didn’t pay the salaries and benefits then you can file a complaint in the Ministry if Human Resources.
Below the articles related with your question:
Article 132
A worker who has completed one or more years of continuous service shall be entitled to severance pay at the end of his employment. The days of absence from work without pay shall not be included in calculating the period of service. The severance pay shall be calculated as follows: 1. 21 days' wage for each of the first five years of service. 2. 30 days’ wage for each additional year of service provided always that the aggregate amount of severance pay should not exceed two year's wage.
Article 133
A worker shall be entitled to severance pay for any fraction of a year he actually served, provided that he has completed one year of continuous service.
Article 134
Without prejudice to the provisions of laws that grant pensions or retirement benefits to employees in certain firms, severance pay shall be calculated on the basis of the wage last due for monthly, weekly and daily paid workers, and on the basis of the average daily wage referred to in Article 57 hereof for those paid on piecemeal. The wage used as a basis for calculating severance pay shall not include whatever is given to the worker in kind, housing allowance, transport allowance, travel allowance, overtime pay, representation allowance, cashier’s allowances, children education allowance, allowances for recreational and social facilities, and any other bonuses or allowances.
Article 137
Where a worker under an indefinite term contract abandons his work at his own initiative after a continuous service of not less than one year and not more than three years, he shall be entitled to one-third of the severance pay provided for in the preceding article. Such a worker shall be entitled to two thirds of the said severance pay if his continuous service exceeds three years up to five years, and to the full severance pay if it exceeds five years.
Article 138
Where a worker under a definite term contract abandons his employment at his own initiative before the expiry of his contract period, he shall not be entitled to severance pay unless his continuous period of service exceeds five years.
Article 139
A worker shall forfeit entitlement to his entire severance pay in any of the following two cases:
- If he is dismissed from service for any of the reasons specified in Article 120 hereof or if he abandons his employment in order to avoid being dismissed in accordance with that Article.
- If he abandons his employment of his own accord, otherwise than in either of the two cases specified in Article 121 hereof, without notice (in the case of indefinite term contracts) or before completing five years of continuous service (in case of definite term contracts).
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الرد من العميل
My question is...can they withhold the previously paid HRA from my final earned salary and leave pay...not the gratuity. They paid the HRA up front and I paid it to my landlord. Not that I’m leaving they want to pro-rated remainder of my HRA so they want to take it from my last paycheck...leaving me absolutely no final pay check
إجابة الخبير: Moheb Hassan
Moheb Hassan
Lawyer
الأسئلة المجابة 63652 | نسبة الرضا 98.2%
Dear Customer,
welcome again
We would like to inform you that There is no obligation on the worker to pay any dues to the Ministry of Human Resources and you can file a complaint with the Ministry of Human Resources against the employer if he did not pay your last salary fully
You can also ask questions of our other specialists in the areas of nutrition, therapists, IT specialists, doctors, and many more.
Kind Regards,
إسأل Lawyer
Moheb Hassan
Lawyer
الأسئلة المجابة 63652 | نسبة الرضا 98.2%
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