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Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

Lawyer

Hello Maha! I need some update on situation am...

تم تقييم هذه الإجابة:
Hello Maha! I need some update on situation am dealing right now. On 17march company send me on paid leave due to covid without any options. I couldn’t go home in my country airport is closed day before flight. So I stayed here they called me back to duty on 28 April then tomorrow morning they decided that they don’t need me in store. Also send email with new 3month salary deduction contract which I didn’t accept. And told me I don’t have any way then to resing. In this situation they’re not able to follow the original contract and should then terminate me not to force me to resign. Anyhow my contract is till end of October. Also they are providing tickets for staff who completed 2years to go on unpaid from 4-6months when they come still have position insurance. But for me if they do that as per them I will lose position and like contract will not exist.. I feel they are not following law, I contacted MOHRE as well they said I can complain. In this scenario they should terminate me with paid end of service.

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إجابة الخبير: Waleed Al-Helo

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

We would like to inform you that requires to file a complaint in the labor office, as the worker can't be forced for resignation or it will be arbitrary dismissal. The employer shall pay compensation to you. So you deserve the benefit if you worked for more than a year. As below articles state:
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 123
1. Where a worker is arbitrarily dismissed, the competent court may order the employer to pay him a compensation, to be assessed by the court with due regard to the nature of the work, the extent of damage sustained by the worker and his period of service, and after investigating the work circumstances, provided that such compensation shall in no case exceed the worker's wage for three months, calculated on the basis of his last wage.
2. The provisions of the preceding paragraph shall not prejudice the worker's right to the gratuity he is entitled to and the compensation in lieu of notice provided for in this law.
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.
Article (75):
A worker shall, for each year of service, be entitled to an annual leave of not less than:
1. Two days a month, where the worker’s period of service is more than six months but less than one year.
2. 30 days a year, where the worker’s period of service is more than one year.
Where a worker's service is terminated, he shall be entitled to annual leave in respect of fractions of the last year.

الرد من العميل

Thank you so much for those informations

الرد من العميل

Am currently waiting my HR to let me know what they will decide.. since they said they don’t wanna terminate and to calculate myself that’s is better to wait end of my contract by accepting new with salary deduction which I don’t want!

إجابة الخبير: Waleed Al-Helo

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

Therefore, you have to wait till the Human Resources decides and guide you legally.

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Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

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