Labor Cases

January 12, 2017 by admin services 0 comments

Salary or wages: what the employee is entitled to for work in cash plus any other benefits of any kind according to law, employment contract, rules of procedure or agreed to be paid except for due wages due of additional work. it shall be paid within a period not exceeding seven days from the date of entitlement.

salaries of the remaining period of the fixed term employment contract: If the employer terminated the fixed term employment contract before the expiry or for one of the reasons stated in Article (29) of this law, the worker is entitled to fulfill all his rights and benefits stipulated in the contract, he shall be entitled to the wages until the expiration of the remaining period of the contract unless the termination of the contract of employment is occurred under article 28 of this law.

Payment for overtime hours “more than eight hours a day”: 125% of the approved payment.

Payment for religious, national and weekly holidays: If the worker works on his weekly, religious or public holidays, he shall receive an additional payment of 150% of his usual wage for that day.

Annual leave allowance: Every worker has the right to annual leave with full pay for thirty days for each year of service.

Pay for sick leave: Every worker has the right to full sick leave for fourteen days each year based on the report of the doctor approved by the institution and it may be renewed for another fourteen days with full payment if he stays in a hospital and half of payment if based on a report of medical committee approved by the institution and not a hospital guest.

maternity leave and lactation hour: The pregnant worker is entitled to maternity leave before and after childbirth and is entitled to one hour a day of breastfeeding within one year from the date of childbirth with full pay.

Notification allowance: If one of the parties wishes to terminate the indefinite employment contract, he shall notify the other party in writing of his desire to terminate the contract before one month of the notice at least. Notice shall not be sent except with the consent of the parties, Otherwise, the worker shall be compensated by a month’s salary as notice allowance, he / she shall also entitled to the full month’s salary as if he were on his job.

Arbitrary dismissal: If the competent court finds in a lawsuit brought to trial by the worker within sixty days from the date of dismissal that the dismissal was arbitrary and contrary to the provisions of this law, it may issue an order to the employer to return the worker to his original work or to pay him / her a compensation in addition to the notice allowance and other benefits stated in (32) and (33) articles of this Law provided that the amount of such compensation shall not be less than three months’ wages and not more than six months. The compensation shall be calculated on the basis of the last wage paid to the worker.

Arbitrary termination in the indefinite contract is an application of the general theory of the right. There is no difference between arbitrary termination and unjustified termination in terms of significance or burden of proof.

BYJUSTICE is one of the largest management and legal consulting companies in the world, we have a team of senior advisors who can help to make better and faster decisions.

There are many employers who do not follow the rules of dealing with employees, and there are many workers who demand to double their rights by employers.

Lawyers of the BYJUSTICE Office have the experience, ability and professionalism in confronting the violator whether it was the worker or the employers (even if he is high level) before the courts.

We always seek to raise awareness and legal culture through our website (you can find the labor law through the legal culture on our website). We also provide advice to employers and employees in order to properly deal with their rights and duties under applicable laws in the country, including the interpretation and making labor agreements and contracts.

BYJUSTICE provides you with a wide range of services, including employment and termination agreements, formulating and interpreting employment contracts, taking into account your business objectives, nature of business activities, location and licensing authority (internal or free zone company) the position offered to the employee. We seek to accommodate all the needs and requirements of your business

we can also handle individual claims, working hours and wages, claim benefits, defend or file arbitrary dismissal proceedings, or settle any number of disputes raised between employer and employee.

We always aim to provide satisfactory solutions at a competitive and appropriate cost, including, whether insurance coverage exists to help settle disputes with employees or employers.