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Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

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gd mrng sir I want to ask about realese for...

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gd mrng sir I want to ask about realese for diploma nurse .this is my 3 year going from may .because of some issues mainly increasing working hours increased from 8 hr to 10 hrs .I can't accept this.company tell to give resign they tell to write resign I signed in resignation for 3 month ...how can I get justice would u help me..

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إجابة الخبير: Waleed Al-Helo

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

Dear Customer,
Thanks for joining and trusting us, much appreciated!
We would like to inform you that According to the Labor Law, it is not legally permissible to force the worker to resign. In case you are prevented from working, the order is considered an arbitrary chapter in accordance with article 115 of the Labor Law, which states:
Article (115):
Where an employment contract is for a definite term and the employer revokes it for reasons other than those specified in Article (120) he shall be required to compensate the worker for any damage the latter sustains, provided that the amount of compensation shall in no case exceed the aggregate wage due for a period of three months or the remaining period of the contract, whichever is shorter, unless otherwise stipulated in the contract.
*** Therefore, you can file a complaint with the Labor Office and explain the matter in detail and that the purpose is extortion and forced you to pay compensation is not due to the work and that the matter be handled by this body otherwise the sponsor was obliged to pay compensation to the worker according to law
Article 65
The maximum normal working hours for adult workers shall be eight hours in the day, 48 hours in the week. They may be increased to nine hours a day in commercial establishments, hotels, cafeterias, security services and such other businesses as may be added by resolution of the Minister of Labour and Social Affairs. The daily working hours may be reduced by resolution of the Minister of Labour and Social Affairs, in the case of arduous or health-hazardous work. Two during the month of Ramadan shall reduce the normal working hours. The periods spent by a worker in traveling between his home and place of work shall not be included in his working hours.
Article 66
The daily working hours shall be so regulated that no worker shall work for more than five successive hours without breaks - for rest, meals and prayer- amounting in aggregate to not less than one hour. Such breaks shall not be included as part of the working hours. However, in factories and workshops where work is organised in the form of successive day and night shifts, and in processes where work has to continue uninterrupted for technical and economic reasons, the manner in which breaks for rest, meals and prayer are to be granted shall be specified in a resolution by the Minister.
Article 67
Where the work circumstances require a worker to work more than the normal number of hours, any period worked in excess shall be treated as overtime, for which the worker shall receive the wage stipulated for his normal working hours, plus a supplement of at least 25 per cent of that wage.
Article 68
Where the work circumstances require a worker to work overtime between 9 p.m. and 4 a.m. he shall be entitled in respect of such overtime to the wage stipulated for his normal working hours, plus a supplement of at least 50 per cent of that wage.
Article 69
The number of hours of actual overtime shall not exceed two a day, unless such work is essential for preventing a substantial loss or a serious accident, or eliminating or alleviating the impact of the latter.
Article 70
Friday shall be the normal weekly rest day for all workers except the daily-paid. Where a worker has to be put on duty on that day, he shall be compensated with a substitute rest day or be paid his basic wage for his normal hours of work plus a supplement of at least 50 per cent of that wage.
For the deduction or decreasing the salary:
Article(60):
No amount shall be deducted from the wage of the worker for special rights except in the following cases:
A) Refund of advances or amounts paid to the worker in excess of his right, provided that the remuneration in this case shall not exceed 10% of the worker's periodic wage.
B) The premiums that the workers must legally pay from their wages such as social security and insurance policies.
C) Contributions of the employee to the Provident Fund or the advances due to the Fund
D) The installments of any social project or any other benefits or services provided by the employer, stipulated in the Labor Department.
E) The penalties imposed on the worker for the offenses he commits.
F- Every debt collected in accordance with a court order, provided that the amount payable, pursuance of the judgment shall not exceed one quarter of the wage due to the worker. If multiple debts or multiple creditors considered the upper half of the wage and divided amounts required to be booked between the recipients of the apportionment of a fine after the payment of the debt of legal maintenance by a quarter of the wage.
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Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

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