إسأل Attorney الآن
Moath Samer
Attorney
الأسئلة المجابة 46920 | نسبة الرضا 98.5%
I was working as a nurse in a private hospital...
إجابة الخبير: Moath Samer
Moath Samer
Attorney
الأسئلة المجابة 46920 | نسبة الرضا 98.5%
It should be noted that after reviewing your inquiry and legal scrutiny we would like to inform you that the legal procedures which you shall follow are:
1) Inform your employer of your condition until he or she presents you to a doctor for medical examination
2) After that you will be given a 45-day leave, the first 15 days paid full pay and 30 days half pay
3) If you leave work because of illness, you are entitled to only 45 wages which are calculated from the leave
If the employer refuses to give you sick leave, you must file a complaint against him with the Labor Office through the following link:
Complain
Article 82
A worker who contracts an illness that is not a work-related injury shall report his illness within a maximum of two days; the employer shall thereupon take the necessary measures to have him medically examined immediately for the purpose of verifying his illness.
Article 83
1 worker shall not be entitled to any paid sick leave during the probationary period.
2. A worker who contracts illness after completing three months, following the probationary period, in the continuous service of an employer shall be entitled to a sick leave not exceeding 90 days, successive or otherwise, in respect of each year of service, to be calculated as follows.
• The first 15 days: with full pay.
• The next 30 days: with half pay.
• Any subsequent periods: without pay.
الرد من العميل
Bjj
الرد من العميل
But sir I already submitted my medical report to HR via email when I was In my home country. Mentined my rest period ,review everything. I have updated everything to the HR .I mentioned i will come and join after my review on 28th December.They didn't extend my leave. The leave which provided by them from November 15th to December 15 is my annual leave not the medical leave. Finally I got termination , and I have to pay for them.
إجابة الخبير: Moath Samer
Moath Samer
Attorney
الأسئلة المجابة 46920 | نسبة الرضا 98.5%
First: compensation for arbitrary dismissal:
The worker is entitled to compensation for arbitrary dismissal, and this compensation in limited-term contracts is the worker's wage for a period of three months or the remaining period of the contract, and compensation for the shorter period is taken according to the text of Article 115,
If the work contract is for an indefinite period and a warning has not been issued, the worker shall be entitled to compensation equivalent to a warning allowance and compensation awarded by the court. The worker's wage does not exceed 3 months according to Article 123 of the Law on Regulating Labor Relations
Second: End of Service Benefits:
The worker is entitled to end-of-service gratuity on the condition that the worker has completed a year with the employer so that he is entitled to 21 days ’wages for one year of the first five years of service, and what is more than that gets 30 days’ wage for each remaining year
Third: The wages payable
If the worker does not receive his due wages, the employer must pay it directly without delay
Fourth: Claiming labor rights:
A worker can claim his rights through one of the following methods:
(1) Submit a complaint to the Labor Office via the following link: Register a labor complaint
(2) A lawsuit is filed and its fees are free of charge and are promptly reviewed by the judiciary. Article (5) of the law stipulates that it shall be exempt from the fees of the jurisdiction proceedings and the claims filed by the workers based on the provisions of this law. In the event of a judgment of inadmissibility or refusal, the Court may adjudicate all or some of its expenses to its addressee.
Following are the texts of the law regulating labor relations of the Union related to your inquiry
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. unless the reason for termination is related to what is stipulated in Article (120).
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
إسأل Attorney
Moath Samer
Attorney
الأسئلة المجابة 46920 | نسبة الرضا 98.5%
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