Question:
I have been working in a private company for two years. Two months ago, the company fired me from work, paid me my end-of-service rights, and forced me to sign to receive my full rights, even though these amounts paid to me by the company do not represent my full rights. I also learned from the Ministry of Labour that the employer filed an escape report against me. I tried to prove to the Ministry of Labour that the report was malicious, but I was unable to file this report. My question is: What is the appropriate procedure to take in order to cancel the escape report? Is it possible to claim the rest of my labor rights that I have not fully obtained? Please advise.
Answer:
To answer such question, I would advise the questioner that:
Absconding is registered by the concerned employer, who is supposed to pledge that he does not know the location of the escaped worker or a legitimate reason for his absence from work. The appropriate procedure to be taken, in case the employer refused to settle and remove this ban, is to file a grievance to the Labour Ministry to remove it.
In case it was not removed, so you have to file a labour case against the employer claiming your rights, explaining that the absconding is really malicious, while submitting all the documents that prove your case, including the document that the employer had forced you to sign regarding your dues because it contradicts with the pledge mentioned above that the employer should have made. Then use the judgment and submit it again to the labour ministry to remove the absconding.
It is possible to claim the rest of your labour dues that you have not fully obtained because any discharge of the rights arising for the worker as per the labour laws shall be considered null and void if it violates the provisions of the law.
This is stated in Article 65(3) of the Federal Labour Law no. 33 of 2021: (“Each provision contradicting the provisions hereof, even if it was existing prior to its enforcement, shall be deemed null and void, unless it is more beneficial to the worker. Each discharge, reconciliation or waiver of the rights arising for the worker hereunder shall be null and void if it violates its provisions”).
It would be great if you would be able to prove that the employer forced you to sign the document regarding your end of service. The employer should prove that he really paid you the full dues as per law or to prove the reasons he deprived you from them.
As a conclusion, the court will take the decision as per its estimation and the documents submitted.
