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Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
Lawyer
I'm an international teacher who was offered a two...
I'm an international teacher who was offered a two year contract. In may I was told that my contract would be one year instead of two. I was not told that my final salary would be in June and that I would not get July and August summer salaries. After begging and pleading, I was given part of July salary. But was made to sign a paper written by me that states I was treated just.if I didn't write and sign that letter, my salary would not have been paid out. I cannot return to my home country as I had a two year contract here in Egypt and there are no flights back home because of Covid19. My visa expired in February and I have been asking since November last year when it will be replaced by a work permit. I was blocked on WhatsApp. I had to pay 6000 egp for textbooks books I never saw, which my year 9 son never used. It was taken off my June salary. Medical aid was not forthcoming either. My daughter needed an urgent operation on her eye which I paid for. I was made to teach secondary and primary subjects but paid for only primary. None of my emails were ever responded to. All meetings and training were in Arabic and I was usually left in the dark. I was the only foreigner in the primary and secondary sections of the school. I feel robbed of my dignity and felt taken for a ride. I am here with my two teenage children and we all have up a life to be here for two years...and this is what we ended up with. I want to know of this is unfair dismissal and how could I get back what they owe me?
Lawyer's Assistant: Where are you located? It matters because laws vary by location
I am in Alexandria
Lawyer's Assistant: Has anything been filed or reported?
I am a foreigner. I have no idea what to do or where to go. I tried a law firm , but their fees are exhir
Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?
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إجابة الخبير: Waleed Al-Helo
Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
We would like to inform you that referring to the Egyptian labor law as long as the contract signed with the employer is limited to two years, and after signing it, you have been informed that it is a year old here.
Article (163) of the Civil Code has stipulated that every mistake that causes harm to others requires the one who committed it to pay compensation for the responsibility to be established there must be a mistake and harm and a causal relationship between them. Especially the provisions of Labor Law No. 12 of 2003. Article (68) of Labor Law No. 12 of 2003 stipulated that the jurisdiction to impose the dismissal penalty shall be for the labor court alone, and the employer cannot impose that penalty.
Article (69) of the same law stipulates that a worker may not be dismissed unless he commits a serious mistake and obligates the employer to the obligation of prior notice to the worker, and this condition is stipulated in the first paragraph of Article 110 of Law 12/2003.
And the judgments of the Court of Cassation have settled on the following ((If the ruling has proven the misuse of the contested company in dismissing the appellant from his work just because he filed a lawsuit to claim what he believes is his right, and the judgment considered that this unfair dismissal is wrong and arranged for him the responsibility of the contested company)
(The reference Encyclopedia of Labor Court of Cassation - a set of legal principles. The judgments of the Court of Cassation settled on the following:
Termination of the work contract without legitimate justification has the right to compensation for direct material damage he suffered)
(Appeal No. 143 of 29 BC, hearing 3/15/1967
Article (70) of Labor Law No. 12/2003 stipulated that if the committee formed to settle the dispute between the worker and the employer did not settle it amicably within ten days from the date of submitting the application, the request may be submitted to refer the dispute to the labor court stipulated in Article 71 Of the same law, or to resort to it within a date not exceeding forty-five days from the date of the end of the settlement period, whether or not he submitted the settlement request to the committee, or if his right to present the matter to the court is forfeited.
Article 71 of Law No. 12/2003 stipulates that the labor court shall be formed from one of the chambers of the court of first instance, with notification of a representative of the relevant trade union organization and a representative of the employers' organization. If he fails, the court continues to hear the dispute.
And the labor court has to settle the dispute expeditiously and by virtue of an enforceable judgment, and if it is appealed within fifteen days, and if the request is rejected, it shall rule that the worker should continue his work and obligate the employer to pay him what he has not received of dues.
If the employer does not implement the ruling, this will be considered an arbitrary dismissal that requires compensation in accordance with Article (122) of this law.
The labor court - in an urgent manner - and by virtue of an enforceable ruling, will award a temporary compensation to the worker equivalent to his total wage for a period of twelve months if the period of his work exceeds a full year.
The worker shall notify the employer of his final requests within thirty days from the day following the date of the issuance of the ruling for temporary compensation, if he has not previously raised them.
Article (122) of Labor Law 12/2003 stipulated the following: (If one of the parties terminates the contract without sufficient and legitimate justification, he is obligated to compensate the other party for the damage he suffers as a result of this termination,
If the termination is without justification issued by the employer, the worker may resort to the labor court referred to in Article (71) of this law to request compensation.
The compensation decided by the Labor Court shall not be less than the wage of two months of the total wage for each year of service.
This does not prejudice the worker's right to the remainder of his legally determined entitlements
Article (163) of the Civil Code has stipulated that every mistake that causes harm to others requires the one who committed it to pay compensation for the responsibility to be established there must be a mistake and harm and a causal relationship between them. Especially the provisions of Labor Law No. 12 of 2003. Article (68) of Labor Law No. 12 of 2003 stipulated that the jurisdiction to impose the dismissal penalty shall be for the labor court alone, and the employer cannot impose that penalty.
Article (69) of the same law stipulates that a worker may not be dismissed unless he commits a serious mistake and obligates the employer to the obligation of prior notice to the worker, and this condition is stipulated in the first paragraph of Article 110 of Law 12/2003.
And the judgments of the Court of Cassation have settled on the following ((If the ruling has proven the misuse of the contested company in dismissing the appellant from his work just because he filed a lawsuit to claim what he believes is his right, and the judgment considered that this unfair dismissal is wrong and arranged for him the responsibility of the contested company)
(The reference Encyclopedia of Labor Court of Cassation - a set of legal principles. The judgments of the Court of Cassation settled on the following:
Termination of the work contract without legitimate justification has the right to compensation for direct material damage he suffered)
(Appeal No. 143 of 29 BC, hearing 3/15/1967
Article (70) of Labor Law No. 12/2003 stipulated that if the committee formed to settle the dispute between the worker and the employer did not settle it amicably within ten days from the date of submitting the application, the request may be submitted to refer the dispute to the labor court stipulated in Article 71 Of the same law, or to resort to it within a date not exceeding forty-five days from the date of the end of the settlement period, whether or not he submitted the settlement request to the committee, or if his right to present the matter to the court is forfeited.
Article 71 of Law No. 12/2003 stipulates that the labor court shall be formed from one of the chambers of the court of first instance, with notification of a representative of the relevant trade union organization and a representative of the employers' organization. If he fails, the court continues to hear the dispute.
And the labor court has to settle the dispute expeditiously and by virtue of an enforceable judgment, and if it is appealed within fifteen days, and if the request is rejected, it shall rule that the worker should continue his work and obligate the employer to pay him what he has not received of dues.
If the employer does not implement the ruling, this will be considered an arbitrary dismissal that requires compensation in accordance with Article (122) of this law.
The labor court - in an urgent manner - and by virtue of an enforceable ruling, will award a temporary compensation to the worker equivalent to his total wage for a period of twelve months if the period of his work exceeds a full year.
The worker shall notify the employer of his final requests within thirty days from the day following the date of the issuance of the ruling for temporary compensation, if he has not previously raised them.
Article (122) of Labor Law 12/2003 stipulated the following: (If one of the parties terminates the contract without sufficient and legitimate justification, he is obligated to compensate the other party for the damage he suffers as a result of this termination,
If the termination is without justification issued by the employer, the worker may resort to the labor court referred to in Article (71) of this law to request compensation.
The compensation decided by the Labor Court shall not be less than the wage of two months of the total wage for each year of service.
This does not prejudice the worker's right to the remainder of his legally determined entitlements
إسأل Lawyer
Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
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