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Moath Samer

Moath Samer

Attorney

الأسئلة المجابة 46920 | نسبة الرضا 98.5%

Lawyer

I have been working with an organization for...

تم تقييم هذه الإجابة:
I have been working with an organization for almost 30 plus years, was due to retire mid 2021 as per written commitment by the company but without any appropriate reason was made redundant verbally in July 2020. Am I eligible for a compensation appreciate your advice

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إجابة الخبير: Moath Samer

Moath Samer

Moath Samer

Attorney

الأسئلة المجابة 46920 | نسبة الرضا 98.5%

We would like to inform you that regarding the end of service benefits, You are entitled to the first 5-year of service wage of 21 days, and what is more that the that you are entitled to thirty days' wage. In any case, it shall not exceed the benefit of two years.

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.

الرد من العميل

Thank you, what I want to know is if I am eligible for additional compensation over and above my end of service for the arbitrary dismissal.

إجابة الخبير: Moath Samer

Moath Samer

Moath Samer

Attorney

الأسئلة المجابة 46920 | نسبة الرضا 98.5%

We would like to inform you that First: If the contract is limited in this case if the employer terminated the employment contract before the expiry of his term and without justification in this case the employer is obliged to give the public all his wages for the remaining period of the contract in addition to the end of service bonus

Second: If the employment contract is unlimited, if the employer terminated the unlimited employment contract without prior notice, in such case the employer shall be obliged to compensate the worker for one month's wages in addition to the end of service benefit

 

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 117

 

1. Either the employer or the worker may terminate an indefinite term contract for a valid reason at any time following its conclusion, by giving the other party a notice in writing at least 30 days prior to termination.

 

2. For the daily-paid workers, the notice period shall be as follows:

 

One week: if the worker has been employed for more than six months but less than one year.

 

Two weeks: if the worker has been employed for not less than one year.

 

One month: if the worker has been employed for not less than five years.

 

Article 119

 

If either the employer or the worker reduces the period of, or fails to serve a notice of termination on the other, the forbearing party shall pay the other a “compensation in lieu of notice”, irrespective of whether or not the other party has sustained damage as a result of such failure or shorter notice. The said compensation shall be equal to the worker's wage in respect of the entire or reduced period of notice. Compensation in lieu of notice shall be calculated on the basis of the last wage received, in the case of monthly, weekly, daily and hourly paid workers, and on the basis of the average daily wage referred to in Article 57 of this Law in the case of those paid on piecemeal.

 

If you have another question, feel free to ask us and we will answer with pleasure.

 

الرد من العميل

Thank you for your reply. Final one please, I am on indefinite period contract and in 2018 I was given in writing by email from our HR that I would officially retire in July 2021. Don't you think it is breach of agreement from the employer as I planned my commitment and retirement around their confirmation of retirement. I believe I should be eligible for a compensation more then mentioned in your response

إجابة الخبير: Moath Samer

Moath Samer

Moath Samer

Attorney

الأسئلة المجابة 46920 | نسبة الرضا 98.5%

The law states that upon the end or termination of his services the worker shall obtain the following:
1) End of service indemnity
2) Compensation for an unfair dismissal
3) Judicial compensation based on the ruling of the Labor Court, which does not exceed an amount equivalent to 3 months' wages

الرد من العميل

Thank you so much. Stay safe.

إجابة الخبير: Moath Samer

Moath Samer

Moath Samer

Attorney

الأسئلة المجابة 46920 | نسبة الرضا 98.5%

Thank you for contacting us
We are always at your service

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Moath Samer

Moath Samer

Attorney

الأسئلة المجابة 46920 | نسبة الرضا 98.5%

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