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Mohammad Abd Alrazeq

Mohammad Abd Alrazeq

Attorney

الأسئلة المجابة 27220 | نسبة الرضا 98.6%

Lawyer

I'm finish my contract today and before 1 month...

تم تقييم هذه الإجابة:
I'm finish my contract today and before 1 month finish my contract i already give my notice.Now the owner of the company he don't want me to leave.He said if I'm not continue till end of this month September 2022 he give me a problem.And he said all the job for the coming day till end of the month he cut to the benifits for 2yrs working and to my last salary?He have right to do that?What can I do?

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إجابة الخبير: Mohammad Abd Alrazeq

Mohammad Abd Alrazeq

Mohammad Abd Alrazeq

Attorney

الأسئلة المجابة 27220 | نسبة الرضا 98.6%

We would like to inform you that if you comply with the terms of the employment contract and notify the employer of your desire not to renew your contract within the dates stipulated in the employment contract, then you have the right not to continue working after the expiry of the employment contract term, and the employer has no right to deduct from the end of service gratuity. If the employer does so, you may file a complaint against him at the labor office and obligate to pay all your financial entitlements, including the full end of service benefit according to the period of your service with him. This is according to the provisions of the new labor law as follows:
 
Article 51:
 
1. The national worker shall be entitled to end of service benefits at the end of his service, in accordance with the legislation regulating the pensions and social securities in the State.
2. The full-time foreign worker, who completed a year or more in continuous service, shall be entitled to end of service benefits at the end of his service, calculated according to the basic wage as per the following:
a. A wage of (21) twenty one days for each year of the first five years of service;
b. A wage of (30) thirty days for each year exceeding such period.
 
3.The foreign worker shall be entitled to a benefit for parts of the year in proportion to the period spent at work, provided that he completed one year of continuous service.
4. The unpaid days of absence from work shall not be included in the calculation of the service term.
5. Without prejudice to the legislation regarding the granting of pensions or retirement benefits to workers in some establishments, the end of service benefits shall be calculated according to the last basic wage the worker was entitled to, with respect to those who receive their wages on a monthly, weekly or daily basis and according to the average daily wage stipulated in the provisions hereof for those who receive their wages on a piecework basis.
6. It is required based on the foregoing that the end of service benefits for the foreign worker in its entirety does not exceed two years’ wage.
7. The employer may deduct from the end of service benefits any amounts payable under the law or a judgment, in accordance with the conditions and procedures specified in the Implementing Regulation hereof.
8. The Cabinet may, based on the Minister’s proposal and after coordination with the concerned authorities, approve other alternative schemes for the end of service benefits scheme and the issued resolution specifies the conditions, rules and mechanism of contribution in these schemes.
 

إسأل Attorney

Mohammad Abd Alrazeq

Mohammad Abd Alrazeq

Attorney

الأسئلة المجابة 27220 | نسبة الرضا 98.6%

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