Question:
I have been working in a private company for 8 years, 4 years ago the company gave me my end of service of that period and despite my service is continuous with the company. Currently, my basic salary has increased by 30 per cent. A month ago, the company fired me without reason and also without warning. My question is, am I legally entitled to claim the end of service difference for a period of 4 years? Am I legally entitled to claim a warning allowance, arbitrary dismissal, and a 3-year accrued annual leave? Please advise
Answer:
- Regarding the end of service (gratuity) deference, it depends on the judge, because although the gratuity is one of the worker’s dues that should be taken at the end of his service and his acknowledgment of receiving it, before the right to it arises, is null, but if the worker accepted and received it, then the court might take this acceptance into consideration.
- As per Article 43 of the Labour Law, the party who did not abide by the notice period shall pay to the other party compensation, which is called notice period allowance. So, you have the right to be compensated for the period of the notice agreed in the contract unless the employer proves that your termination was in compliance with Article 44 of the Labor Law which gives the employer the right to dismiss the worker without notice if the later committed one of the acts stated in the mentioned Article.
- Regarding arbitrary dismissal, you are not eligible for it because as per Article 47 of the same law, the termination of the worker’s service by the employer is unlawful if the termination of the worker’s service is due to filing a serious complaint to the Ministry or filing a lawsuit against the employer, whose validity is proven. And none of these cases is applied to your situation.
- Regarding the annual leave, you are entitled to it because as per Article 29, the worker shall be entitled to a wage for the accrued leave days if he quits the work before using them, regardless of the leave duration, with respect to the period for which he did not obtain his leave.
He shall also be entitled to receive leave wage for parts of the year in proportion to the period he spent in work and it shall be calculated according to the basic wage.
