Maternity leave claim
Question:
I have been working in a private company for 3 years. In the internal work contract, it is stated that I am not entitled to claim a paid maternity leave. My questions:
(1) Is this contract binding on me? And if it is not binding, what are my rights according to the Labor Law for such leave and how long is it? Is it on comprehensive or basic salary?
(2) I have not received my right regarding commission for more than two years. Am I legally entitled to claim this commission? According to the employer, I am not entitled to claim the commission after the lapse of one year. Please advise.
Answer:
I would advise the questioner that:
1. As for the maternity leave, the internal contract is not binding regarding this leave because it contradicts with the rights granted to you by law. The female worker, as per Article 30 of the Labour Law, shall be entitled to a maternity leave of (60) sixty days, according to the following:
- a. The first (45) forty-five days with full wage; and
- b. The following (15) fifteen days with half wage.
The female worker may, after using the maternity leave, be absent from work without a wage for a period not exceeding continuous or intermittent (45) forty-five days. If this absence is due to her sickness or her child’s sickness resulting from pregnancy or childbirth, which does not allow her to return to her work. Such sickness shall be proven by a medical certificate issued by the medical entity.
This period is not included within the service term, for which the female worker is entitled to end of service benefits or the period of contribution in the retirement scheme in accordance with the legislation in force in this regard.
2. Regarding commission, the labour law states in its Article 54 that (A lawsuit related to any of the rights accrued under the provisions of this Decree-Law shall become time-barred after the lapse of one (1) year from the date of entitlement to the right that is the subject matter of the lawsuit). Which means that you will be entitled to the commission for the last year only in case the employer rejected to give it for all years.
