1-How the End of Service Remuneration is calculated, is it according to the Basic salary or to the Gross Salary? (Gratuity)
The End of Service Remuneration is calculated according to the last paid Basic salary only without any allowances.
2--Does the employer have the right to refuse my annual vacation despite I completed one year service with him?
Yes, the employer has the right and he can decide when the annual leave to start and he can in a very critical business situation divide the annual vacation period into two and also to transfer remaining days for the following year.
3- How is the overtime to be calculated upon the basic salary or gross?
The overtime to be calculated upon the gross salary (basic salary + the agreed allowances) and the worker entitle for overtime an increase of not less than 25% of that wage , and in case the overtime is performed between the hours (9 p.m. and 4 a.m.) the worker ought to be paid an increase not less than 50 % of that wage.
4- In case the employer has no contracted work (i.e construction workers) , has the employer entitled to stop & suspend the worker without paying the worker salary, or to send the worker on vacation for a period more than a month?
That is not permissible and is considered as a violation to labour law , and in case the worker agreed he is also considered as violator and the worker supposed within a period not more than 3 month to notify the Ministry of Labour relations department that he has been ceased from duty
5-When worker shall be entitled to get a return ticket stipulated in the employment / Labour contract?
In the case of dismissal, the worker worth to get Return ticket to his origin country & depart the state, as well as in the event of completion of the contract agreed term, but in case of the worker resignation or being dismissed as per the Article No. 120 of the Labour Law , the worker does not entitle to get a return ticket.
6- has the employer refusal to accept the worker resignation request any impact in the termination of the employment/ labour relationship?
The employer rejection of the worker resignation request is not considered, the main idea that the worker ought to inform the employer by his desire to end the employment/ labour relationship without taking into account the employer rejection or acceptance , but the notification of the employer by the worker resignation intention must be proved either through getting the employer signature on the resignation letter or to be sent through fax , e-mail or post mail.
7-The workers of the Free Zones, how to deal with them?
Usually the workers of the Free Zones approach the labour Office and accordingly the complaint to be transferred to the Labour court without any interference from the Ministry of Labour and last say for the labour court .
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