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Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
Lawyer
I am having problems with my company.my contract...
I am having problems with my company.my contract stipulates that I am supposed to work for 8hrs every day bt I find myself working overtime.my contract also stipulates that I will receive overtime pay if I do more hrs.it also stipulates that I am supposed to have a one day off for rest.my concern with my company is that since the month of April I have been working overtime hrs that I cannot even count and I have never gone for an off day since the same February month which I though t my company would compensate me with overtime bt has never.On the month of April I received half my salary without any reason why bt anytime I forward my complains to my company manager they seem to ignore me .I don't know what to do cz I need the job and since I have a one year contract I can't go to another company.pliz what do u suggest I do????
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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 it should be clarified that this is violation against the law and you can file a complaint in the labor office
Article (74)
The workers may be required to work additional hours to the working hours specified in the preceding article provided that the actual working hours per day shall not exceed ten hours unless the work is necessary for the prevention of gross loss or dangerous accident or for the repair or alleviation of the consequences of the said loss or accident.
The employer shall pay to the worker for the additional working hours the rate of not less than the basic wage plus not less than 25% thereof.
The workers who work between 9 pm and 3 am shall be paid the basic wage plus not less than 50% thereof with the exception of the shift workers.
Article (75)
The worker shall be allowed of a weekly paid rest which shall not be less than twenty-four consecutive hours and Friday shall be the weekly rest day for all workers with the exception of the shift workers. If the circumstances of the work necessitate the employment of the worker during the rest day the worker shall be compensated for the rest day by another day, and shall be paid for working that day the wage payable to him for the ordinary weekly rest day or his basic wage plus an increase of not less than 150%.
With the exception of shift workers a worker shall not be required to work more than two consecutive Fridays.
Therefore, it is possible to go to the Ministry of Labor and submit a complaint and explain the matter in detail in order to start the investigation procedures by the Ministry and oblige the employer to pay all the extra working hours. As you can also resign from the work in accordance with Article (51) while retaining all your labor rights.
Article (51)
The worker may terminate the service contract before its expiry date if the contract is of a definite duration and without giving reasons for the termination if the contract is of an indefinite duration and retains his full right to obtain the end of service gratuity in the following cases:
1. If the employer commits a breach of his obligations under the service contract or the provisions of this law.
2. If the employer or his responsible manager commits a physical assault or immoral act upon the worker or any of his family member.
3. If the employer or his representative has misled the worker at the time of entering into the service contract as to the terms and conditions of the work.
4. If continuance with the work endangers the safety and health of the worker provided that the employer is aware of the danger and does not take the necessary steps to remove it.
Article (74)
The workers may be required to work additional hours to the working hours specified in the preceding article provided that the actual working hours per day shall not exceed ten hours unless the work is necessary for the prevention of gross loss or dangerous accident or for the repair or alleviation of the consequences of the said loss or accident.
The employer shall pay to the worker for the additional working hours the rate of not less than the basic wage plus not less than 25% thereof.
The workers who work between 9 pm and 3 am shall be paid the basic wage plus not less than 50% thereof with the exception of the shift workers.
Article (75)
The worker shall be allowed of a weekly paid rest which shall not be less than twenty-four consecutive hours and Friday shall be the weekly rest day for all workers with the exception of the shift workers. If the circumstances of the work necessitate the employment of the worker during the rest day the worker shall be compensated for the rest day by another day, and shall be paid for working that day the wage payable to him for the ordinary weekly rest day or his basic wage plus an increase of not less than 150%.
With the exception of shift workers a worker shall not be required to work more than two consecutive Fridays.
Therefore, it is possible to go to the Ministry of Labor and submit a complaint and explain the matter in detail in order to start the investigation procedures by the Ministry and oblige the employer to pay all the extra working hours. As you can also resign from the work in accordance with Article (51) while retaining all your labor rights.
Article (51)
The worker may terminate the service contract before its expiry date if the contract is of a definite duration and without giving reasons for the termination if the contract is of an indefinite duration and retains his full right to obtain the end of service gratuity in the following cases:
1. If the employer commits a breach of his obligations under the service contract or the provisions of this law.
2. If the employer or his responsible manager commits a physical assault or immoral act upon the worker or any of his family member.
3. If the employer or his representative has misled the worker at the time of entering into the service contract as to the terms and conditions of the work.
4. If continuance with the work endangers the safety and health of the worker provided that the employer is aware of the danger and does not take the necessary steps to remove it.
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Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
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