Question: I have been working in a private company for two years on a commission system without a salary. I am currently about to give birth and therefore I applied for maternity leave, but the company has refused me leave on the pretext that I work on a commission basis.
I have been told that I am not legally entitled to claim maternity and annual leave as stated in the internal employment contract. What are my rights?
Answer: You have the right to request for maternity leave since you are working for the company with an official full-time employment relationship. The female worker, according to Article (30) of the Federal Law no. 33 of 2021, shall be entitled to a maternity leave of 60 days, according to the following:
a. The first 45 days with full wage; and
b. The following 15 days with half wage.
Moreover, being on a maternity leave or absent from work as mentioned in Article 30 shall not prejudice the female worker’s right to obtain the annual leave. Which means that you shall be entitled to annual leave as well.
According to Article 29 of the above mentioned law, the employer may not prevent the worker from benefiting from his annual leave accrued for more than two years, unless the worker wishes to carry it forward or receive a cash allowance for it, in accordance with the regulations in force at the establishment.
The wage of both leaves might be calculated with the same method of calculating the wages of workers on piecework basis stated in Article 23 of the law.
The daily wage of workers who receive their wages on piecework basis shall be calculated according to the average amount the worker received for the actual working days during the six months preceding the request or claim regarding any issue related to the wage.
